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Terms of Use

Your use of, and access to, www.drinkspy.co.nz (DrinkSpy) is subject to the following Terms of Use (Terms).

By accessing and using DrinkSpy:

  • you agree to these Terms; and
  • where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. If your access and use of DrinkSpy is on behalf of another person, references to you in these Terms means both you and the other person on whose behalf you are acting.

If you do not agree to these Terms, you are not authorised to access and use DrinkSpy, and you must immediately stop doing so.

About DrinkSpy

DrinkSpy is owned and operated by Liquor Information Pricing Services Ltd (LIPS, we, our or us).

DrinkSpy has been developed to allow members to search for advertised alcohol prices and information, and to purchase assorted alcohol and non-alcohol products. If you choose to join DrinkSpy and/or subscribe for any service offered by DrinkSpy, the provision of that service to you will be governed by these Terms.

Changes

We may change these Terms at any time by updating them on DrinkSpy. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use DrinkSpy, you agree to be bound by the changed Terms.

These Terms were last updated on 16 October 2019.

Protection of Personal Information

To the extent that we collect any personal information about you through DrinkSpy, we will use that information for the purpose for which it was acquired in accordance with our privacy policy, which is available at Privacy Policy.

DrinkSpy Membership

By submitting your details to join DrinkSpy or any other service offered through DrinkSpy, or if you order products through DrinkSpy, you represent and warrant that:

  1. you are over 18 years of age and able to form a legally binding contract;
  2. either:

(a) the credit card used to pay for products or services (Credit Card) is issued to you;

(b) you are authorised to use the Credit Card to pay for products or services;

  1. the Credit Card is valid and has sufficient available credit to meet the charges shown on DrinkSpy for the products or services that you have selected (Charges); and
  2. the registration and/or delivery information you have supplied by joining DrinkSpy and/or placing an order is accurate and the email address that you have provided is for a valid and active email account to which you have access.

Charges

You authorise us to charge the specified dollar amount of the Charges to the Credit Card provided on your order. Your order will only be despatched for delivery from DrinkSpy or direct from the supplier once DrinkSpy has received an approval and authorisation code from the card issuer in respect of the payment of the order.

We do not register credit cards and no card information is retained on any DrinkSpy server.

DrinkSpy Specials

We will advertise on DrinkSpy, on our behalf and/or behalf of our suppliers, alcohol and/or non-alcohol products (Sale Goods) for sale to its members for a limited period at a discounted price off the recommended retail price (RRP) as advised by the supplier to us. The RRP for the Sale Goods includes GST and the advertised sale price for the Sale Goods also includes GST.

You understand and agree that to purchase any alcohol Sale Goods you MUST be 18 years of age or older. You acknowledge that it is illegal to purchase alcohol if you are under 18 years old and it is also illegal to falsely declare your age in order to buy alcohol.

If you wish to place an order for Sale Goods then you must complete the order form in full on DrinkSpy, enter your valid Credit Card details, and submit your order for payment processing. If the total order amount is successfully charged to the Credit Card, the confirmed order details, excluding the credit card information, is sent to us (Order). Where we are advertising Sale Goods on DrinkSpy on behalf of our suppliers, we will collate Orders for the Sale Goods and securely send the Orders to our suppliers to dispatch the required products to the delivery address specified on the Order. Where we are advertising Sale Goods on DrinkSpy on our own behalf, we will dispatch the required products to the delivery address specified on the Order directly.

You will be able to place orders through DrinkSpy while stocks of the Sale Goods last. You need to purchase the minimum quantity of Sale Goods specified on DrinkSpy. All DrinkSpy members order Sale Goods on a first in, first served basis.

We and/or our suppliers have the right to reject any Order in our or their sole discretion, including, without limitation, if the number of allocated Sale Goods available from the suppliers has been exhausted. If we or they do so, any amount charged to the Credit Card will be refunded to that Credit Card in full.

Delivery Information

You may be contacted by us or our supplier to confirm delivery details of your Order. Once we confirm that payment has been successfully made, we or our supplier will deliver your Order directly to the address specified on the Order Form. All deliveries are by courier and direct to your door. The courier may require a signature upon delivery from the legal purchaser. Identification may be required to confirm identity and age. If no one is home, the courier will leave a card requesting that you contact the courier office to arrange a suitable delivery time. An alternative delivery address can be supplied for delivery i.e. your work.

We or our supplier will usually deliver your Order within 3 - 5 working days following receipt of your payment. During some peak selling times (such as Christmas, Easter and public holidays as well as other times) it may take longer to deliver your Order to you.

Advertised freight fees refer to delivery within metropolitan centres and urban areas in the North and South Island only. This excludes rural addresses which incur an additional advertised freight cost per carton. Free delivery is only offered to urban areas for the minimum order quantities advertised. Rural delivery fees will be charged on all orders to RD addresses. For delivery to outer islands (Waiheke Island, Stewart Island, Great Barrier Island etc), please contact us at info@drinkspy.co.nz for a quote.

Refunds and Returns

If your Order is not delivered to you within 10 working days or if you have damaged or missing parts of your Order, then you can email us at info@slushy.co.nz to request a refund. DrinkSpy will investigate and respond directly, or we may refer your enquiry to the supplier who will contact you to resolve the issue. DrinkSpy (or our suppliers) may either replace your order, or refund your payment in part, or in full, if proof of the missing or items damaged in transit are provided.

If you believe there is a fault with the quality of the product, please contact us within 7 days of delivery, and we may replace the product or refund your payment. DrinkSpy (or our suppliers) may request faulty items to be returned for assessment before any partial or full refund is provided, and if so, a courier ticket will be supplied to you to return the faulty items.

All requested refunds must be sent to info@slushy.co.nz, and refund advice will be provided within 3 working days.

Representation

You acknowledge and agree that, where we are advertising Sale Goods on DrinkSpy on behalf of our suppliers, we act as an agent for our suppliers when collating Orders and that we have no liability to you whatsoever in respect of delivery of those Sale Goods.

To the maximum extent permitted by law, we give no undertakings, representations or warranties in relation to items sold or advertised on DrinkSpy, including the quality, recommended retail price and sale price of the Sale Goods, or as to delivery times for an Order. You expressly understand and agree that in respect of the Sale Goods:

(a) where we are advertising Sale Goods on DrinkSpy on behalf of our suppliers, we are not supplying or delivering the Sale Goods to you;

(b) without limiting these Terms in any way, we disclaim all implied conditions or warranties;

(c) no advice or information that is obtained by you from DrinkSpy will create any warranty that is not expressly stated in these Terms of; and

(d) except where we are advertising Sale Goods on our own behalf, responsibility for the content of advertisements and the determination of the RRP and the price of the Sale Goods rests completely with the retailers and suppliers who are solely responsible for any representation made in any advertisement or otherwise.

DrinkSpy Intellectual Property

You acknowledge that we (and our licensors) are the sole and exclusive owner of all copyright, trade marks and all other intellectual property rights (Intellectual Property) in the software, text, information, data, graphics, artwork, photographs, iconsand other material (Content) displayed or available through DrinkSpy, in the DrinkSpy price search system and in the DrinkSpy emails or any other communications sent to you by us, in the look and feel of DrinkSpy, the DrinkSpy price search system and the DrinkSpy emails and other communications, and in the networks, systems, software, data or materials that underlie or are connected to DrinkSpy, the DrinkSpy price search system and the DrinkSpy emails and other communications (Underlying System). Unauthorised use of the Content or our or our licensors’ other Intellectual Property is strictly prohibited and may infringe our or our licensors’ Intellectual Property rights. No Content may be reproduced, published or transmitted in any manner without our prior written consent. In particular, you must not without our prior written permission

  • archive the Content or any part of it;
  • remove the copyright or trade mark notice from any copies of Content;
  • form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
  • deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes or by similar methods; or
  • redistribute, resell or republish the Content.

Retail and Cellar Door Clients

We monitor products and prices advertised by retailers and cellar doors, and publish details of advertised prices on DrinkSpy. If your products or prices are missing on DrinkSpy, or if we display incorrect information, or I you have any other concerns regarding listings on DrinkSpy, please contact us at info@drinkspy.co.nz.

If you are a retailer or cellar door client that signs up with DrinkSpy to advertise your liquor specials or utilise any other service offered by DrinkSpy:

  1. So that we can promote your products on DrinkSpy, you grant us the right to:
  2. access your website and social media feeds (e.g. Facebook, Instagram and Twitter), copy content (including photos) and information that is publicly available via your website and your social media (Public Content), including by automated means; and
  3. use freely and without restriction any advertising material or other material submitted by you to us or made available to us through any data feed or API and any Public Content (together, Material).
  4. You warrant that:
  5. the Material does not contain anything that:
  • is misleading or deceptive or is likely to mislead or deceive;
  • infringes any Intellectual Property rights;
  • breaches any right of privacy or confidentiality; or
  • is objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way;
  1. the Material complies in every way with the Sale and Supply of Alcohol Act 2012, and The Advertising Codes of Practice, and in particular The Code for Advertising Liquor, issued by the Advertising Standards Authority Incorporated and with every other code or industry standard relating to advertising in New Zealand; and
  2. publication of the Material in accordance with these Terms will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere.
  3. You must indemnify us against all claims, damages, loss, liability and costs (including without limitation, loss of profits) and expenses of any kind (including legal costs on a solicitor and own client basis), arising directly or indirectly from publication of the Material in accordance with these Terms, and from any costs incurred in us making corrections or amendments in accordance with the terms that follow.
  4. You must notify us as soon as possible if there is an error or omission in any Material. We may refuse to publish, or withdraw Material from publication without having to give a reason. We may require that Material is corrected or amended to conform to style, or for other genuine reasons. The positioning or placing of any Material within the electronic database is at our discretion except where specifically agreed in writing.
  5. Title to, and all Intellectual Property rights in, the Material (as between the parties) remains your property.

If we agree to collate Orders for Sale Goods on your behalf or to provide other services to you to which a fee applies:

  1. The fees payable by you to us (Fees) will be as agreed between you and us in writing. Unless otherwise stated, all Fees are exclusive of GST.
  2. We will issue monthly statements to you. These statements will set out:
  3. the amounts received on your behalf;
  4. the Fees payable to us; and
  5. the net amount due to you or payable to us.
  6. Where an amount is due to you, we will pay the net amount due to you within 7 days of the date of our statement.
  7. Where an amount is payable by you to us, you must pay us that amount within 7 days of the date of our statement.
  8. We may, by giving at least 30 days’ notice, increase the Fees from time to time. We will notify you of any increase and the effective date of the increase by emailing you at the email contact address that you have most recently supplied to us.
  9. If you do not wish to pay the increased Fees, you may remove your advertisements and/or your account. If you do not remove your advertisements and/or your account before the effective date of the increase, you are deemed to have accepted the increased Fees.
  10. You accept all responsibility for the supply of the Sale Goods, including ensuring that fulfil Orders that you accept and that you comply with all legal and regulatory requirements in relation to your supply of the Sale Goods (including in relation to Sale and Supply of Alcohol Act 2012 and the Consumer Guarantees Act 1993). You indemnify us against any claims, damages, loss, liability and costs (including without limitation, loss of profits) and expenses of any kind (including legal costs on a solicitor and own client basis), arising from or in connection with the supply of the Sale Goods.

Linked Websites

DrinkSpy may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites. Links with Linked Websites do not constitute an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites.

Links to DrinkSpy

You must not create a link to any part of DrinkSpy without our prior written consent.

Access to DrinkSpy

We may change, suspend, discontinue, or restrict access to, DrinkSpy without notice or liability. These Terms will nevertheless survive any such termination.

You acknowledge that your use of DrinkSpy and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, neither we nor our service providers make any warranty that DrinkSpy or its associated services will be error free, without interruption or delay or free from defects in design or engineering.

You must not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, DrinkSpy or any network, system, software, data or material that underlies or is connected to the DrinkSpy (Underlying System), or otherwise attempt to damage or interfere with DrinkSpy or any Underlying System.

You indemnify and will keep us indemnified against all claims, damages, loss, liability and costs (including without limitation, loss of profits) and expenses of any kind (including legal costs on a solicitor and own client basis), whether direct or indirect, arising from, or in connection with your failure to comply with these Terms, whether brought in tort, contract, equity or otherwise.

Cookies

A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a user ID, that the website uses to track the pages you have visited. The only personal information a cookie can contain is information you personally supply. A cookie cannot read data off your hard disk or read cookie files created by other websites.

DrinkSpy uses cookies to track user traffic patterns and to better serve you when you visit DrinkSpy. You can set your browser to notify you when you receive a cookie, providing you with the opportunity to either accept or reject it. You can also refuse all cookies by turning them off in your browser, however doing so may limit your ability to use DrinkSpy.

We use Google Analytics to collect information about visitors to DrinkSpy. Google Analytics collects information related to your device, browser, IP address, network location, and website activities to measure and report statistics about your interactions on DrinkSpy. For further information on how Google uses your personal information when you use our website and how to opt out of Google’s use of cookies, see https://policies.google.com/?hl=en.

Disclaimers

While we have endeavoured to ensure that all information provided on DrinkSpy or contained in our emails or other communications is accurate and up to date, prices are subject to change and errors may have been in the advertisement or entry of an advertised offer into the DrinkSpy database. Also, advertised prices are only available only while stocks last. Accordingly, we recommend you contact the retailer of a product you wish to purchase to confirm all details of the offers shown in any advertising information provided through DrinkSpy are correct, before you order the product.

To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any claims, damages, loss, liability and costs (including without limitation, loss of profits) in connection with:

  1. DrinkSpy or our emails and other communications being unavailable (in whole or in part) or performing slowly;
  2. any error in, or omission from, any information made available through DrinkSpy or our emails and other communications;
  3. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use DrinkSpy or our emails and other communications. To avoid doubt, you are responsible for ensuring the process by which you access and use DrinkSpy and our emails and other communications protects you from this.

Without limiting the above, we are not liable for matters beyond our reasonable control. We do not control third-party communications networks (including your Internet Service Provider), the Internet or acts of third parties.

Liability

To the maximum extent permitted by law:

  1. you access and use DrinkSpy at your own risk; and
  2. we are not liable or responsible to you or any other person for any claims, damages, loss, liability and costs (including without limitation, loss of profits) under or in connection with these Terms, DrinkSpy, our emails and other communications, or your access and use of (or inability to access or use) DrinkSpy or our emails and other communications. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Fair Trading Act 1986, the Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

To the maximum extent permitted by law and only to the extent the preceding paragraph do not apply, our total liability to you under or in connection with these Terms, or in connection with the DrinkSpy, our emails and other communications, or your access and use of (or inability to access or use) DrinkSpy or our emails and other communications, must not exceed NZD100.



Assignment

You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.

Governing Law

These Terms are governed by, and are to be interpreted in accordance with, New Zealand law. Any disputes between you and us will be resolved by the New Zealand courts.

We make no representation or warranty that DrinkSpy or the information contained in it is appropriate or available for use in any country other than New Zealand. You are responsible for ensuring that your access to and use of DrinkSpy is not illegal or prohibited, and for your own compliance with applicable local laws.

Breach

Without limiting any other rights and remedies available to us, we may limit your use of DrinkSpy, issue a warning to you or suspend or terminate your subscription(s) and/or access to DrinkSpy (or any part of it) if you breach these Terms. On suspension or termination, you must immediately cease using DrinkSpy and must not attempt to gain further access.

General

If we need to contact you, we may do so by email or by posting a notice on DrinkSpy. You agree that this satisfies all legal requirements in relation to written communications.

For us to waive a right under these Terms, the waiver must be in writing.

Provisions which, by their nature, are intended to survive termination of these Terms, including the provisions in the sections of these Terms titled DrinkSpy Intellectual Property, Access to DrinkSpy, Disclaimers, Liability, Governing Law and Breach, continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of DrinkSpy and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to DrinkSpy that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.