Brew Network Terms and Conditions

Last updated: Jan 9th, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Brew Network
  • Application Store means the digital distribution
    service operated and developed by Apple Inc. (Apple App Store) or Google
    Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is
    controlled by or is under common control with a party, where “control”
    means ownership of 50% or more of the shares, equity interest or other
    securities entitled to vote for election of directors or other managing
    authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either “the Company”, “We”,
    “Us” or “Our” in this Agreement) refers to Seaview Antipasto Pty. Ltd.,
    14 Cleaver Street, West Perth 6005.
  • Country refers to: Western Australia, Australia
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Goods refer to the items offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • In-app Purchase refers to the purchase of a
    product, item, service or Subscription made through the Application and
    subject to these Terms and Conditions and/or the Application Store’s own
    terms and conditions.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Application or the Website or both.
  • Terms and Conditions (also referred as “Terms”)
    mean these Terms and Conditions that form the entire agreement between
    You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services
    or content (including data, information, products or services) provided
    by a third-party that may be displayed, included or made available by
    the Service.
  • Website refers to Brew Network, accessible from https://brewnetwork.app/ and https://brewnetwork.com.au/
  • You means the individual accessing or using the
    Service, or the company, or other legal entity on behalf of which such
    individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service
and the agreement that operates between You and the Company. These Terms
and Conditions set out the rights and obligations of all users
regarding the use of the Service.

Your access to and use of the Service is conditioned on Your
acceptance of and compliance with these Terms and Conditions. These
Terms and Conditions apply to all visitors, users and others who access
or use the Service.

By accessing or using the Service You agree to be bound by these
Terms and Conditions. If You disagree with any part of these Terms and
Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your
acceptance of and compliance with the Privacy Policy of the Company. Our
Privacy Policy describes Our policies and procedures on the collection,
use and disclosure of Your personal information when You use the
Application or the Website and tells You about Your privacy rights and
how the law protects You. Please read Our Privacy Policy carefully
before using Our Service.

 

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

 

Your Information

If You wish to place an Order for Goods available on the Service, You
may be asked to supply certain information relevant to Your Order
including, without limitation, Your name, Your email, Your phone number,
Your credit card number, the expiration date of Your credit card, Your
billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use
any credit or debit card(s) or other payment method(s) in connection
with any Order; and that (ii) the information You supply to us is true,
correct and complete.

By submitting such information, You grant us the right to provide the
information to payment processing third parties for purposes of
facilitating the completion of Your Order.

 

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

 

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please
read our Returns Policy to learn more about your right to cancel Your
Order.

Your right to cancel an Order only applies to Goods that are returned
in the same condition as You received them. You should also include all
of the products instructions, documents and wrappings. Goods that are
damaged or not in the same condition as You received them or which are
worn simply beyond opening the original packaging will not be refunded.
You should therefore take reasonable care of the purchased Goods while
they are in Your possession.

We will reimburse You no later than 14 days from the day on which We
receive the returned Goods. We will use the same means of payment as You
used for the Order, and You will not incur any fees for such
reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable
    to be returned, deteriorate rapidly or where the date of expiry is
    over.
  • The supply of Goods which are not suitable for return due to health
    protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible
    medium if the performance has begun with Your prior express consent and
    You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The
Goods available on Our Service may be mispriced, described
inaccurately, or unavailable, and We may experience delays in updating
information regarding our Goods on the Service and in Our advertising on
other websites.

We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications,
availability, and services. We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any
time without prior notice.

 

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to
accepting an Order in the event of any occurrence affecting delivery
caused by government action, variation in customs duties, increased
shipping charges, higher foreign exchange costs and any other matter
beyond the control of the Company. In that event, You will have the
right to cancel Your Order.

 

Payments

All Goods purchased are subject to a one-time payment. Payment can be
made through various payment methods we have available, such as Visa,
MasterCard, Affinity Card, American Express cards or online payment
methods (Stripe, PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation
checks and authorization by Your card issuer. If we do not receive the
required authorization, We will not be liable for any delay or
non-delivery of Your Order.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases
using your Device may be set out in the Application Store’s own terms
and conditions or in your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you
make a In-app Purchase, that In-app Purchase cannot be cancelled after
you have initiated its download. In-app Purchases cannot be redeemed for
cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not
work once it has been successfully downloaded, we will, after becoming
aware of the fault or being notified to the fault by You, investigate
the reason for the fault. We will act reasonably in deciding whether to
provide You with a replacement In-app Purchase or issue You with a patch
to repair the fault. In no event will We charge You to replace or
repair the In-app Purchase. In the unlikely event that we are unable to
replace or repair the relevant In-app Purchase or are unable to do so
within a reasonable period of time and without significant inconvenience
to You, We will authorize the Application Store to refund You an amount
up to the cost of the relevant In-app Purchase. Alternatively, if You
wish to request a refund, You may do so by contacting the Application
Store directly.

You acknowledge and agree that all billing and transaction processes
are handled by the Application Store from where you downloaded the
Application and are governed by that Application Store’s own terms and
conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

 

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable
rules as well as our Privacy policy. If the rules for a Promotion
conflict with these Terms, the Promotion rules will apply.

 

User Accounts

When You create an account with Us, You must provide Us information
that is accurate, complete, and current at all times. Failure to do so
constitutes a breach of the Terms, which may result in immediate
termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to
access the Service and for any activities or actions under Your
password, whether Your password is with Our Service or a Third-Party
Social Media Service.

 

You agree not to disclose Your password to any third party. You must
notify Us immediately upon becoming aware of any breach of security or
unauthorized use of Your account.

 

You may not use as a username the name of another person or entity or
that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than You without
appropriate authorization, or a name that is otherwise offensive,
vulgar or obscene.

 

Intellectual Property

The Service and its original content (excluding Content provided by
You or other users), features and functionality are and will remain the
exclusive property of the Company and its licensors.

 

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any
product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide
the Company. If for any reason such assignment is ineffective, You
agree to grant the Company a non-exclusive, perpetual, irrevocable,
royalty free, worldwide right and license to use, reproduce, disclose,
sub-license, distribute, modify and exploit such Feedback without
restriction.

 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party web sites
or services. You further acknowledge and agree that the Company shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of
or reliance on any such content, goods or services available on or
through any such web sites or services.

 

We strongly advise You to read the terms and conditions and privacy
policies of any third-party web sites or services that You visit.

 

Termination

We may terminate or suspend Your Account immediately, without prior
notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms and Conditions.

 

Upon termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You may simply
discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire
liability of the Company and any of its suppliers under any provision of
this Terms and Your exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by You through the Service or 100
AUD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall
the Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or inability
to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of
this Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its
essential purpose.

Some states do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, which
means that some of the above limitations may not apply. In these states,
each party’s liability will be limited to the greatest extent permitted
by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with
all faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, the Company, on its own behalf
and on behalf of its Affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service,
including all implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement, and warranties that may
arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no
warranty or undertaking, and makes no representation of any kind that
the Service will meet Your requirements, achieve any intended results,
be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can
or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the
company’s provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Service, or the information, content, and materials or products included
thereon; (ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or
content provided through the Service; or (iv) that the Service, its
servers, the content, or e-mails sent from or on behalf of the Company
are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under
applicable law.

 

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall
govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or
international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to
first try to resolve the dispute informally by contacting the Company.

 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are resident
in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country
that is subject to the United States government embargo, or that has
been designated by the United States government as a “terrorist
supporting” country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.

 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or
invalid, such provision will be changed and interpreted to accomplish
the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force
and effect.

Waiver

Except as provided herein, the failure to exercise a right or to
require performance of an obligation under this Terms shall not effect a
party’s ability to exercise such right or require such performance at
any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made
them available to You on our Service. You agree that the original
English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace
these Terms at any time. If a revision is material We will make
reasonable efforts to provide at least 30 days’ notice prior to any new
terms taking effect. What constitutes a material change will be
determined at Our sole discretion.

By continuing to access or use Our Service after those revisions
become effective, You agree to be bound by the revised terms. If You do
not agree to the new terms, in whole or in part, please stop using the
website and the Service.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: