Last updated: 17/10/2023.

PRIVACY POLICY

  • About the Website

    1. Welcome to www.tuladrinks.com (the ‘Website’). The Website provides you with an opportunity to view content, browse and purchase various products that have been listed for sale through the Website (the ‘Products’).
    2. The Website is operated by Distilled Drinks (Operating as TULA) (ABN 11 664 335 933). Access to and use of the Website, or any of its associated Products or services is provided by TULA.
    3. Please read these terms and conditions (the ‘Terms’) carefully. By accessing the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Purchase Products or services, immediately.
    4. Welcome to www.tuladrinks.com (the ‘Website’). The Website provides you with an opportunity to view content, browse and purchase various products that have been listed for sale through the Website (the ‘Products’).
    5. The Website is operated by Distilled Drinks (Operating as TULA) (ABN 11 664 335 933). Access to and use of the Website, or any of its associated Products or services is provided by TULA.
    6. Please read these terms and conditions (the ‘Terms’) carefully. By accessing the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Purchase Products or services, immediately.
  • The Privacy Act 1998 (Cth) defines “personal information” as meaning information, including a fact or an opinion about an identified individual or an individual who is reasonably identifiable;a. whether the information or opinion is true or not; andb. whether the information or opinion is recorded in a material form or not.If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.

  • The personal information we collect will depend on how you interact with us and the purpose of its collection. The personal information we may collect and hold about you includes:a. if you purchase products through our online store – your full name, email address, telephone number, shipping address, shipping and payment information (including credit card information), order details, and information about your age;b. if you create an account on our online store - information to contact you about your product, services or marketing including your name, phone number, email address, password, and any other information we reasonably require to create and maintain your account, and information about your age;c. if you interact with our social media accounts or tag us in social media content (including Facebook, Instagram, and similar platforms) – we may collect material which you upload to these platforms or any personal information displayed on these social media platforms;d. if you use, click or follow a link provided by one of our 'affiliates' - we use cookies to track these clicks and sales to pay those who are part of our Affiliate and Influencer Program a commission; andd. if you contact us for any other reason – your name, address, email address, phone number, and any other information you voluntarily provide.

  • We may collect information from you whenever you:a. access or interact with our website, online store, or social media page;b. order and purchase products from us;c. create or login to your account;d. use, click or follow a link provided by one of our 'affiliates'; d. consent to receive marketing materials; ore. contact us for any other reason.We also collect cookies from your computer, which are data files placed on your device that often include an anonymous unique identifier, and similar technologies when you use the website. We use this information to create a better digital experience. By using our websites, you consent to the use of cookies in accordance with this Privacy Policy. You can choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.

  • a. We will only send you direct marketing communications (such as through SMS or email) where you have provided your consent for us to do so.

    b. You may opt out of receiving direct marketing communications at any time by contacting us or by using opt out facilities provided in the direct marketing communications.

  • If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us directly at hello@tuladrinks.com. We will take your concerns seriously and may seek further information from you for clarity. If we agree that your complaint if well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you’re unhappy with the resolution you may approach an external dispute resolution service.

  • We may review, change and/or update this Privacy Policy from time to time without notice. Updates to this Privacy Policy will be reflected in an updated policy published on this website.

  • If you have any queries, seek access to your personal information or have a complaint about our privacy practices, please contact us directly at hello@tuladrinks.com.

  • a. We use your personal information to conduct our business.b. This may include the following specific purposes:i) for providing you with our products;ii) for operating our website, online store and social media pages;iii) to establish and maintain relationships with suppliers, service providers or business customers;iv) to pay our 'affiliates' a commission;v) for direct marketing purposes; orvI) to respond to your communications with us.c. We may disclose certain information to our trusted service providers who assist us in operating the website or to deliver our services (including information technology service providers, web-hosting and server providers, professional advisors, payment system operators, sub-contractors and business partners). Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

TERMS AND CONDITIONS

    1. Welcome to www.tuladrinks.com (the ‘Website’). The Website provides you with an opportunity to view content, browse and purchase various products that have been listed for sale through the Website (the ‘Products’).
    2. The Website is operated by Distilled Drinks (Operating as TULA) (ABN 11 664 335 933). Access to and use of the Website, or any of its associated Products or services is provided by TULA.
    3. Please read these terms and conditions (the ‘Terms’) carefully. By accessing the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Purchase Products or services, immediately.
  • You accept the Terms by accessing, using and remaining on the Website

  • TULA is committed to respecting the privacy of your personal information. All personal information collected about you will be treated in accordance with our Privacy Policy. We encourage you to refer to TULA’s Privacy Policy which governs how we collect, use, manage and disclose your personal information.

    1. You may wish to create an account with TULA for an express checkout experience ('Account').
    2. To create an Account, you will be required to provide personal information about yourself such as identification or contact details, which may include:a. Full name;b. Age;c. Email address;d. Preferred username;e. Password;f. Mailing and/or billing address; andg. Telephone and/or mobile number,('Account Information').
    3. You may wish to create an account with TULA for an express checkout experience ('Account').
    4. To create an Account, you will be required to provide personal information about yourself such as identification or contact details, which may include:a. Full name;b. Age;c. Email address;d. Preferred username;e. Password;f. Mailing and/or billing address; andg. Telephone and/or mobile number,('Account Information').
    5. You are liable for all activity on your Account, including any purchases made using your account details.
    6. By creating an Account, you agree to comply with the following:a. you will comply with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;b. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your order and your Account;c. any use of your registration information by any other person, or third parties, is strictly prohibited;e. we have the right to terminate your account if you are found to be misusing the Website, the Products or any other products or services or in breach of these Terms. 
    1. You may order products from TULA as set out on the Website ('Order').
    2. When placing an Order, you may either do so by:a. making an account (see above); orb. checking out as a guest.
    3. In the event that you checkout as a guest, you must provide:a. your name;b. your email address;c. your delivery address;d. your date of birth; ande. valid payment information.
    4. Any Order placed through the Website is an offer by you to purchase a product for the price notified (including the delivery and any other charges and taxes) at the time you place your order. By placing your order, you agree to the payment of the full Product price listed on the Website for the Products and any additional fees ('Purchase Price').
    5. All amounts (including delivery fees) comprising the Purchase Price are stated in Australian dollars and are inclusive of GST (where applicable).
    6. Payment of the Purchase Price may be made through Visa, Mastercard, AMEX, Shop Pay, Apple Pay, Google Pay (the ‘Payment Gateway Provider’).
    7. In using the Products, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
    8. Following confirmation of payment of the Purchase Price by TULA, you will be issued with a receipt by email to confirm that payment has been received and TULA may record your purchase details for future use.
    9. We may, at our absolute discretion, accept or reject an Order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter. Further, we may contact you, or cancel all or part of any Order (including any Order that has been accepted) at any time without any liability to you if:a. the Products in your Order are not available;b. your payment cannot be successfully processed;c. there is an error in the price or the Product description posted on the Website in relation to any relevant Product in the Order;d. we or a Payment Provider suspects fraudulent or unlawful activity; ore. the Order could not be delivered.
    10. If a product in your Order is out of stock or temporarily unavailable, we will endeavour to contact you to offer you the following options:a. deliver any available substitute products of equivalent value to you as a replacement; orb. refund you the cost of the unavailable Product (only the Payment Provider, not TULA will have an obligation to pay you a refund in these circumstances).
    1. TULA delivers in Australia and to select overseas locations.
    2. We will deliver the products to the delivery address you provided when placing your order. It is your obligation to provide us with the correct delivery address at the time of purchase. We are not obliged to re-send orders to the correct delivery address at our expense. If you need to change the delivery address, please notify us immediately in writing by sending an email to hello@tuladrinks.com.
    3. Delivery costs are expressed as a component of the Purchase Price at checkout.
    4. You acknowledge that the Purchase Products offered by TULA integrate delivery (the ‘Delivery Services’) through the use of third party companies (the ‘Delivery Service Providers’). While delivery times may vary, your Order will normally be delivered within:a. Australian Same City / Metro Areas: 1 - 7 business daysb. Australian Remote Areas: 7 - 10 business daysc. Australian Country: up to 14 business days
    5. While TULA will make all reasonable efforts to deliver products by agreed dates, we cannot guarantee delivery dates. The receipt of delivery to purchaser’s address may vary due to impact experienced Delivery Service Providers (including delays during promotional, clearance or holiday periods) or the unavailability of stock. We are not liable for any loss resulting from any late delivery.
    6. We may deliver the products using a range of delivery methods and services.
    7. In the event that an item is lost or damaged in the course of the Delivery Services, TULA encourages you to:a. contact the Delivery Service Provider directly to request a refund andb. contact us by sending an email to hello@tuladrinks.com outlining in what way the Purchase Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
    1. TULA’s Purchase Products come with guarantees that cannot be excluded under the Australian Consumer Law. If you’re not 100% happy with a product(s) you have purchased through TULA’s website, we encourage you to email us at hello@tuladrinks.com.
    2. So we can understand the situation, please include:a. the order number;b. detailed reason for dissatisfaction; andc. photographic image of damage (if applicable).
    3. You agree that you cannot change or cancel an Order once payment has been confirmed.
    4. TULA may, at its sole discretion, provide a replacement, refund, or credit within 14 days of us receiving the Product, where the Product packaging is unopened and remains in a saleable condition. This will require you to return the Purchase Product to the specified delivery address (which we will provide to you upon emailing us). You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause, except where incorrect or defective Products are delivered to you, or the delivery itself is defective (e.g. made to the wrong address).
    5. We reserve the right to deny a replacement, refund, or credit.
    1. The Website (including the domain and displayed content), Products, all related products and services, (‘Intellectual Property’) of TULA are owned, controlled and reserved by TULA and are subject to copyright. Unless otherwise indicated, this includes:a. Text or copy;b. Graphics;c. Logos;d. Photography;e. Videos;f. Software;
    2. You may not, without the prior written permission of TULAa. Copy or use, in whole or in part, any of our Intellectual Propertyb. Broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way our Intellectual Property for any purpose.
    3. TULA retains all rights, titles and interest in and our Intellectual Property. Nothing you do on or in relation to the Website will transfer to you the business name, domain name, copyright or any other Intellectual Property of TULA.
    1. As part of TULA’s Affiliate and Influencer Program and other review or feedback programs you (the 'Affiliate', 'you', 'user') may be permitted to create, upload, publicise, post or otherwise submit content ('Submit'), such as reviews, comments, pictures and videos on your personal or business account ('User content'). You must Submit User Content in accordance with the Terms. 
    2. We ask you to limit your discussions to topics which are relevant to The Website and Purchase Products or services offered by TULA. 
    3. Your content must be in accordance with the AANA Code of Ethics, AANA Food & Beverages Advertising Code.
    4. TULA reserves the right to remove any posts, reviews or comments (‘User Content’) on our Website or social media accounts which, in our sole discretion, are deemed to be in breach of these Terms, the AANA Code of Ethics, AANA Food & Beverages Advertising Code and Australia’s Responsible Alcohol Marketing Code and/or is deemed to be inappropriate. This includes:a. portrays a minor (individuals under the age 18);b. may appeal to a minor (individuals under the age 18);c. promotes irresponsible, excessive or bing drinking of alcohol;d. portray the consumption of alcohol before or during an activity that requires a high high degree of alertness or physical coordination e.g. operating a motor vehicle, boat, machinery or swimming;e. makes false, misleading or deceptive claims about the product, including health, therapeutic or environmental benefits;f. defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person;g. promotes violence or uses derogatory, discriminatory or offensive; language including towards another person or competing brand namesh. include link(s) to inappropriate, offensive or illegal material on the forum orh. could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age.
    5. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:a. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);b. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    6. If you are creating content as part of a commercial agreement, must disclose your commercial relationship with us. This can be disclosed by using #ad, #paidpartnership #paidpromotion in your social posts. The Australian Competition and Consumer Commission (ACCC) has endorsement rules in place for affiliate marketing. In short, they want you to disclose that you have a business relationship with us when you promote and post your link. You can read the full rules about disclosing commercial relationships here.
    7. TULA is not responsible, and assumes no liability for the conduct of any user of our Website or social media accounts. You agree and acknowledge that you participate on the Website or on our social media accounts by submitting User Content at your own risk.
    8. Unless otherwise expressed in these Terms, to the extent permitted by law, TULA will have no liability, and you release and discharge us from all liability arising from the posting, circulation or sharing of User Content developed by you including;a. loss of, or damage to, the Products, or any injury or loss to any person;b. failure or delay in providing the Products;c. breach of the Terms or any law, where caused or contributed to by any event or circumstance beyond our reasonable control, act or omission of you or your related parties; ord. error, omission, interruption, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records with respect to the use of Website, Products or any other products or services.
    9. By making your User Content available on or though our Website or social media accounts, you grant to us an irrevocable, perpetual and non-exclusive, transferrable, royalty-free license to use the User Content with the right to modify, distribute, transfer, communicate, publicly display, transmit, stream broadcast or otherwise exploit such User Content on, through or by means of our Website, email marketing campaigns, public relations efforts and social media content.
    10. If you provide us with photographs or videos of the products on or through our Website, via email, via your social media account or by tagging us on a social media network, you grant to us irrevocable, perpetual and non-exclusive, transferrable, royalty-free license to use the photographs, videos and/or details.
    11. You also grant us the right to modify, distribute, transfer, communicate, publicly display, transmit, stream broadcast for the purposes of creating content for the Website, email marketing campaigns, public relations efforts and social media content.
  • TULA is committed to respecting the privacy of your personal information. All personal information collected about you will be treated in accordance with our Privacy Policy. We encourage you to refer to TULA’s Privacy Policy which governs how we collect, use, manage and disclose your personal information.

    1. To the extent permitted by law, TULA’s total liability arising out of or in connection with our supply of Products to you is limited to:a. the replacement of the Products or the supply of substitute Products; orb. the payment of the cost of replacing the Products or of acquiring different Products.
    2. You expressly understand and agree that TULA, its affiliates, employees, agents, contributors, third party providers (including Delivery Service Providers), licensors and business partners are not liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused including but not limited to:a. any loss of profit (including anticipated profit);b. loss of benefit (including anticipated benefit);c. loss of savings (including anticipated savings);d. loss of use and/or loss or corruption of data;e. loss of opportunity;f. loss goodwill;g. loss of reputation; orh. and any other intangible loss.
    3. TULA is not responsible or liable in any manner for any content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Products, whether posted or caused by users of the website of TULA, by third parties or by any of the Purchase Products or services offered by TULA.
    4. Unless otherwise expressed in these Terms, to the extent permitted by law, TULA will have no liability, and you release and discharge us from all liability, arising from or in connection with any:a. loss of, or damage to, the Products, or any injury or loss to any person;b. failure or delay in providing the Products;c. breach of the Terms or any law, where caused or contributed to by any event or circumstance beyond our reasonable control, act or omission of you or your related parties; ord. error, omission, interruption, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records with respect to the use of Website, Products or any other products or services.
    1. TULA may at any time, suspend or terminate your use of the Website or any Order you have made if:a. you have breached any provision of the Terms or intent to breach any provision;b. TULA is required to do so by law;c. delivery of the Products is no longer possible to you; ord. the provision of the Purchase Products to you by TULA is, in the opinion of TULA, no longer commercially viable.
    2. Our right to suspend, terminate or block your use of the Website or Order does not prejudice any other right or remedy we may have against you.
  • Without limiting TULA’s other rights, you agree to indemnify and keep indemnified TULA, it’s affiliates, employees, agents, contributors, third party content providers, licensors and business partners from and against any actions, suits, claims, demands, loss, damage, expense (including lawyer’s fees and expenses on an indemnity basis), incurred, suffered or arising out of or in connection with:

    1. Affiliates, associates, sub-contractors or third parties (including Delivery Services or contractor) negligent act or omission, fraud, dishonesty, misrepresentation;
    2. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;
    3. Any breach by you or any associated affiliates of these Terms; and/or
    4. and breach of the Terms. 
    1. Neither party must commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first directly contacting the other Party to seek (in good faith) a resolution.
    2. Please contact us directly at hello@tuladrinks.com outlining the nature of the dispute and your desired resolution.
    3. All communications concerning dispute resolution and negotiations made by the Parties are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws or evidence.
    1. The Terms are governed by the laws of Victoria, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
    2. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
    1. You acknowledge that TULA does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than outlined in these Terms.
    2. TULA will make every effort to ensure the Products are accurately depicted on the Website, however, you acknowledge that colours and packaging may differ from what is displayed on the Website.
    3. Use of the Website, the Products, and any other products or services of TULA is at your own risk. Everything on the Website, the Products, and any other products or services of TULA, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. TULA and its associated parties (including any third party where the Delivery Services are made available to you) do not make any express or implied representation or warranty about any Website Content or any Products, and its liability is excluded to the extent permitted by law.
    4. Any ambiguity in these Terms will not be construed against TULA.
    5. If any part of these Terms is held to be void, invalid or unenforceable by a Court of competent jurisdiction, that part shall be severed without affecting the validity or enforceability of the remainder of the Terms.
    1. TULA reserves the right to review, change and/or update any of the terms, at any time, at our discretion and without notice, however we will not do so in a way that will adversely affect any Order you have placed that is consistent with these Terms.
    2. Any modifications to the Terms are effective as soon as they are published.
    3. If you have placed an Order that has been accepted by us, the Terms that will apply to the Order are those Terms that applied at the time the Order was placed.