Terms of service

Overview

This website www.drinkisla.com (“Website”) is operated by and is the property of Isla Vodka Pty Ltd ACN 652 928 508 trading as Drink ISLA (“we”, “us” and “our”). Your use of this Website is subject to the following terms and conditions (“Terms of Service” and “Terms”).  By accessing or using any part of this Website (including any services, features or product purchases hereunder), you are deemed to have read, understood, accepted and agreed to be bound by these Terms of Service. If you do not accept these Terms of Service, you must immediately refrain from using this Website.  You can review the most current version of the Terms of Service at any time on this page.

Section 1: Eligibility to Purchase

It is a condition of purchase, and legal requirement, that you verify you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.

When placing an order with us, you confirm that all your personal details (in particular, your name, date of birth, phone number, e-mail address and other requested information as indicated) which you have provided are true and correct. Furthermore, you will be required to provide payment details which you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.  

Section 2: Legal Notice

We support the responsible service of alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. For reference, our liquor licence number is 36169030.

Section 3: Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. We seek to only offer products for sale that are in stock and available for dispatch within a reasonable period of time. Occasionally however, we may be waiting for additional stock to arrive. Should this occur, we shall seek to notify you of the expected delivery date and you will be given the opportunity to refund your purchase if so desired. We will store a record of your transactions for a minimum of three (3) years.

Section 4: Acceptance of Your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order.  This email is NOT an acceptance of your order.  It is just a confirmation that we have received it.  Acceptance of your order and completion of the contract between you and us will be completed when the goods have been dispatched. The sale contract is therefore concluded in Victoria, Australia.

We reserve the right not to accept your order in the event, for example, where: (a) we are unable to obtain authorisation for payment; (b) shipping restrictions apply to a particular item; (c) the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn; or (d) you do not meet the eligibility criteria set out within these Terms of Service.  We also reserve the right to restrict multiple quantities of an item being dispatched to any one customer or postal address.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of us withdrawing any product from this Website whether or not that product has been sold, removing, screening or editing any materials or content on this Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Section 5: Payment

Payment can be made securely by Visa, MasterCard and American Express cards and any other methods which may be clearly advertised on this Website from time to time. Payment will be debited and cleared upon dispatch of your order by us. You confirm that the credit/debit card or e-wallet that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card or e-wallet to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. We will not be liable for any delay or non-delivery if your card issuer refuses to authorise payment to us.

We take reasonable care to make our website secure. All credit/debit card or e-wallet transactions on this Website are processed using Stripe Payment Solution’s secure online payment gateway that encrypts your card details in a secure host environment. With the combination of SSL encryption on this Website and a secure browser at your end, we take all reasonable measures to ensure that your credit card and personal information are protected when you purchase online. We also recommend that you take appropriate security precautions when accessing the Internet via public Wi-Fi networks or shared computers.

Section 6: Delivery

We utilise a network of courier companies that may change from time to time depending upon your location and the location of the products. 

Any delivery instructions which you provide during checkout are a guide for the contracted courier company to follow, however it is not a guarantee that these instructions will be followed. It is at the driver’s discretion as to whether they deem your delivery instructions safe to comply with.  Please note, requests outside the approved options will not be followed for security reasons. Deliveries cannot be left unattended or outside the boundary line of a property.

All deliveries that are returned due to incorrect addresses provided by you or for any other reason caused or contributed to by you will be charged a reasonable re-dispatchment fee (to be determined by us) which you shall be notified prior to re-dispatch to the correct address provided by you.

A person must be at the address to accept delivery otherwise our delivery drivers reserve the right to leave a delivery notification card (instead of your order) at your property to advise you of the collection point.  

In relation to orders for products containing alcohol, if the person in attendance at the delivery address is considered by the delivery driver to be under 18 years of age, proof of age will be requested. If suitable proof of age cannot be produced, the person will be advised that the order will be returned to a collection point and can be collected on the production of proof of age identification. A delivery notification card will be provided.

Section 7: Returns and Refunds

This section relates only to products purchased via this Website and not through any retail outlet.  If your return or refund request is for a product purchased from any Australian retail outlet, please refer to their terms and conditions.  Our returns policy includes guarantees that cannot be excluded under Australian Consumer Law.  You are only entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the product repaired or replaced (at our sole discretion) if the product fails to be of acceptable quality and the failure does not amount to a major failure.

If in the event the product you purchased is faulty, damaged, wrongly described or breaches a consumer guarantee, please contact us within 30 days of receiving your order and we will cheerfully refund your money or exchange the product upon presentation of your proof of purchase.  We reserve the right to require proof that the product was damaged or faulty.  If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if we are at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or we have breached a consumer guarantee. The fastest way to obtain a refund or exchange is to contact us at hello@drinkisla.com, where one of our team will be able to promptly assist you.  Refunds will be returned to the card or account used to make the purchase.  In all other circumstances, including change of mind, no returns or refunds shall be permitted.

You also agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order, please contact our Customer Service Team at hello@drinkisla.com as soon as possible and we’ll consider your request however we provide no guarantee once an order has been placed. If we agree (at our sole discretion) to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, the ordered products being returned to our designated address in their original condition and packaging, and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.  

Section 8: Errors, Inaccuracies and Omissions

We have made every effort to display as accurately as possible the images and descriptions of products that appear on this Website. Occasionally there may be information on this Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on this Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Website, should be taken to indicate that all information on this Website has been modified or updated.

Section 9: Intellectual Property Rights

Your use of this Website grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as defined below), features, our Software and all HTML and other code contained in this Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website are protected by national intellectual property and other laws and international treaty provisions.

Section 10: Content

In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, information and materials on this Website, including all image rights, sounds, music, video, audio or text on this Website. All Content is subject to copyright under Australian law and, under international treaties, laws of many other countries. Unless indicated otherwise, we own the copyright and all rights are reserved. Except as expressly permitted in these Terms of Service, you may not reproduce, transfer, copy, adapt, distribute or store all or part of the Content or incorporate any part of this Website into another website without our prior written consent. 

We do not warrant the accuracy and completeness of the Content. We may make changes to the Content, or to the products and services described, at any time without notice. The Content may be out of date, and we make no commitment to update the Content.  The Content is for your general information and use only.  It does not constitute advice and should not be relied upon in making, or refraining from making, any decision.

Any information or material placed on this Website by users, including ratings, reviews, advice and opinions, is the view and responsibility of those users and does not necessarily represent our view.

Section 11: No Commercial Use

This Website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Section 12: Your Activity

You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on and pursuant to this Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms of Service, without prejudice to our other rights we may deny you access to this Website on a temporary or permanent basis.

Section 13: Information/Materials Provided by You

In the course of your use of this Website you may provide personal information. Our policies for the collection and use of that personal information are set out in our Privacy Policy.  

Any other information or materials submitted by you and that have not been specifically requested by us (whether they be ideas, concepts or techniques) (“Information”) will be deemed to be non-confidential and you agree that we may reproduce, use, disclose, transmit and publish the Information without limitation and without any payment of acknowledgement of you as the source. You warrant that the Information is available for such use by us and you agree to indemnify us if any third party should take action against us in relation to the Information you provide.

 

Section 14: Disclaimer & Limitation of Liability

You expressly agree that your use of, or inability to use, this Website is at your sole risk. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law or our liabilities under those provisions:

• you acknowledge that this Website is provided “as is” and that we do not make any warranty or representation as to the suitability of this Website, Content, any websites to which this Website is linked, and any products, features and services delivered through this Website (except as expressly stated by us) for any purpose;
• we exclude all other implied terms and warranties, whether statutory or otherwise, relating to this Website, Content, any websites to which this Website is linked, and any products, features and services delivered through this Website to the fullest extent permitted by law;
• we will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct; and
• risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).

Our liability to you for loss or damage of any kind arising out of our agreement with you hereunder or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Section 15: Indemnity

You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees, contractors, service providers and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 16: Entire Agreement

These Terms of Service constitutes the entire agreement and understanding between you and us, superseding any prior agreements or communications in relation to the subject matter of these Terms of Service, whether oral or written.

Section 17: Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18: Modifications

We reserve the right to update, change or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to this Website following the posting of any changes constitutes acceptance of those changes.  Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Section 19: Governing Law

The laws of Victoria govern your use and access of this website and you submit to the jurisdiction of the courts of Victoria in relation to your use of this Website (including but not limited to any orders made via this Website).

Section 20: Contact Us

Questions about the Terms of Service should be sent to us at hello@drinkisla.com.

 

 

ISLA TRADE PROMOTION:

ABBREVIATED TERMS & CONDITIONS OF ENTRY

Promotion Period: Promotion Period: Time of posting 07/12/2022 – 12pm 09/12/2023. Entry is open to Australian Residents aged 18yr+. Entrants must, during the Promotion Period, visit Instagram or Facebook, tag, comment & follow @ drinkisla. The prize is valued at $1403.00AUD The Winner will be the first correct entry drawn at random on Saturday the 9th of December\ at 12PM AEDT and announced on ISLA's socials. The Winner(s) will be notified via email within 2 working days of the draw. The Promoter’s decision is final & no correspondence will be entered into. The Promoter is - 

ISLA IVH Group Pty Ltd - T/A ISLA Vodka 

ABN - 32 668 473 961

Mail Address - Po Box 8254, Northland Centre, Preston, 3072

 

TRADE PROMOTION 

TERMS & CONDITIONS OF ENTRY

Schedule to Terms & Conditions

 

Eligible Entrants Residency Age Special Conditions	Australian Residents Only Ages 18 + at the time of entry
Entry Mechanism	To be eligible, consumers may enter on Instagram and Facebook.    Consumers must follow ISLA on Instagram or like on Facebook and tag three friends in the comment section to be eligible.
Entry Limit	No Limit
Promotion Period:- Commencement Time Commencement Date Close Time Close Date	Competition starts from the time of posting on 7/12/23 and ends at 12:00 pm on 09/12/2023.
Draw Date	09/12/2023
Draw Time	12pm
Prize	One winner will receive 4x VIP tickets to the Laneway Festival of their choice in Australia   Plus   One winner will receive 2x 12 packs of the limited edition Laneway x ISLA collaboration flavour.   The prize does not include transportation, accommodation, or any other expenses.
Total Prize Value	$1403.00AUD
Approved Notification Method	Competition winner will be notified via Instagram or Facebook direct message.
Prize Delivery Method	Competition winner will be emailed tickets directly from the competition promoter IVH Group - T/A ISLA Vodka  ABN - 32 668 473 961 Mail Address - Po Box 8254, Northland Centre, Preston, 3072   Limited edition Laneway x ISLA collaboration flavour will be delivered via courier by the competition promoter IVH Group - T/A ISLA Vodka  ABN - 32 668 473 961 Mail Address - Po Box 8254, Northland Centre, Preston, 3072
Re-Draw Date	26/12/23
Re-Draw Time	12pm
Re-Draw Notification Method	Competition winner will be notified via Instagram or Facebook direct message.
Special Conditions	The St. Jerome's Laneway Festival 2024 tickets are subject to the Event venue and ticket terms and conditions, including any applicable age restrictions.   The prize does not include transportation, accommodation, or any other expenses.    This promotion is in no way sponsored, endorsed or administered by, or associated with, META - Facebook and Instagram. Entrants understand that they are providing information to the Promoter and not to Instagram. The information provided will only be used for the purposes outlined in these terms and conditions.Any questions, comments or complaints from entrants should be directed to the Promoter at the address listed below and not to Facebook Inc.By entering into this promotion, each entrant agrees to release and indemnify and keep indemnified Facebook Inc. from and against all liability and forever forego and abandon all rights and causes of action against Facebook Inc. arising as a result of the Promoter conducting this promotion.    Tickets may not be resold or exchanged and are subject to Terms of Entry of Laneway Festival as if those terms formed part of these Terms and Conditions.

 

Terms & Conditions

1. Information on how to enter and prizes forms part of these conditions. By participating, entrants agree to be bound by these conditions.  Entries must comply with these conditions to be valid. For the avoidance of doubt the Schedule to the Terms & Conditions forms part of these conditions.

1. Entry is open to Eligible Entrants.  The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion; and any manufacturer/retailer activating the promotion and the management of their benefiting organisations are ineligible to enter the promotion. 

1. To enter the promotion, eligible entrants must, complete the Entry Mechanism during the Promotion Period.

1. The Entry Limit applies to entries. 

1. The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, ineligible or incomprehensible entries will be deemed invalid.  Entries must be submitted in the manner required and received by the Promoter during the promotional period. Entries received will be considered final by the Promoter. Late entries will not be accepted.

1. Promotion commences at the Commencement Time on the Commencement Date and closes at the Close Time on the Close Date. The draw will take place at the Nominated Business at the Draw Time (local time) on the Draw Date. The Promoter’s decision is final and no correspondence will be entered into.

1. The Prize must be taken as offered and cannot be varied. Prizes are not transferable or exchangeable and cannot be taken as cash. Any change in the value of a prize between the publishing date and the date the prize is claimed is not the responsibility of the Promoter. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings.  Independent financial advice should be sought. All warranty claims in respect of the prizes must be directed towards the applicable manufacturer and not the Promoter. 

1. The Winner will be notified in writing by the Approved Notification. 

1. Prizes will be delivered to winners by the Prize Delivery Method by the Prize Delivery Date. The Promoter and its agents associated with this promotion take no responsibility for a prize (or part of a prize) damaged or lost in transit (if relevant). 

1. The Promoter encourages the responsible use of the Prize(s), in accordance with applicable State legislation. 

1. If for any reason a prize, or any part of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, the Promoter reserves the right to substitute the prize (or part thereof) for an alternative prize to the same value of the original prize value, subject to any written directions made under applicable State or Territory legislation.

 

1. Entrants must only enter in their own name. The Promoter reserves the right to request the winner(s) to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm their identity, age, residency, eligibility to enter and claim a prize and any information submitted by the entrant in entering the promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entrant has not been verified or validated to the Promoter’s satisfaction within the time requested, that winner’s entry will become invalid. Proof of identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. The prize(s) will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. In the event that a prize winner cannot provide suitable proof, the relevant prize will be forfeited and no substitute will be offered.

1. If there is no Prize Winner or the Prize Winner cannot be found, the Promoter will publish it.  

1. The Promoter may conduct such further draws as are necessary (including a second chance draw) at the same place as the original prize draws on Re-Draw Date at the Re-Draw Time (AEST) in order to distribute any prizes forfeited or unclaimed by that time in respect of those draws, subject to any written directions given under applicable State legislation. 

1. The Winner(s) of any unclaimed prize draw will be notified by the Approved Notification. All reasonable steps to notify the winner of the results of any unclaimed prize draws will be taken by the Promoter.  The Promoter’s decision is final and no correspondence will be entered into.

1. Where applicable, the Promoter reserves the right to request that the prize winner of any of their companions obtain certification from a medical professional that they are in the mental or physical condition necessary to be able to safely participate in the prize. If the prize winner or any of their companions is unable to provide such certification, the Promoter reserves the right to  refuse to allow the prize winner or any of their companions to take part in any or all aspects of the prize.

1. No compensation will be payable if a winner, or their companions (if applicable) are unable to use any element of the prize as stated for whatever reason, including, festival cancellation, refusal of entry or ejection from the date locations or participation in certain activities for health, age, behaviour or safety reasons.  Any part of a prize that is not taken for any reason is forfeited.

1. Liability: Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

1. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion,  the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

1. The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset,  computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.

1. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.

1. Right to verify: The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these conditions of entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion.  The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

1. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into. 

1. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.  

1. Dispute: If any dispute arises about the conduct of the promotion or the claiming of the prize, the claimant may give written notice to the Promoter giving details of the nature of the dispute and the circumstances giving rise to the dispute. The Promoter will attempt in good faith to reach a settlement as soon as possible. Should agreement not be reached and if the parties agree, they will refer the dispute for mediation. 

1. Caution: any attempt to deliberately undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those losses, damages and costs.

1. Consent: As a condition of entering this promotion, entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner of a draw (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter. The winner(s) agree to participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents. 

1. As a condition of accepting the prize, the winner (and his/her companion(s), if applicable) may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.  

1. All entries and any copyright subsisting in the entries become and remain the property of the Promoter.  

 

1. All entries are subject to the Special Conditions.

1. The Promoter supports responsible consumption and recommends that alcohol be enjoyed in moderation.

1. The Promoter is IVH Group Pty Ltd - T/A ISLA Vodka 

ABN - 32 668 473 961

Mail Address - Po Box 8254, Northland Centre, Preston, 3072