Term and Conditions

As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use. Please read these Terms carefully and do not use the website if you do not agree with these Terms

1. Ownership

This website is owned and operated by the Tumbe Pty Ltd ACN 600 211 694 trading as Ziza.com.au.

2. Use of Website

Ziza maintains this Website and its contents for your personal information, entertainment and education. You agree to

(a) Provide Ziza with complete and current registration information when you first register for this Website

(b) Keep such registration information updated and current. Persons under 18 are prohibited from providing personal information on our Website. Those who choose to access the Website from locations other than where we ship or do business do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Please feel free to browse the website. You may not distribute, re-transmit, republish, reuse, re-post, or use the contents of this website for public or commercial purposes, without the Company's prior written permission. You may not alter or interfere with the content or functioning of the Website, or "mirror" any content contained on this Website on any other server. The materials on this Website are the intellectual property of Ziza and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of the terms of conditions of use, your right to use this Website will terminate automatically.

You are responsible for your use of the Website, and for any use of the Website made using your account. At Ziza, our goal is to create a positive, rewarding, and safe experience in connection with our Website. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Ziza. When you use the Website, you may not:

• Intentionally or unintentionally violate any law or regulation;
• violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
• post, share, send, or otherwise use the website to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable (such as sending unsolicited or unauthorized advertising or commercial communications as outlined in our Anti-Spam Policy described below);
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• use automated methods to use the Website nor use any means to scrape or crawl any Web pages or content contained in the Website (although the Ziza may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, and the Ziza reserves the right to revoke these exceptions either generally or in specific cases);
• attempt to circumvent any technological measure implemented by the Ziza or any of the Company's providers or any other third party (including another user) to protect the Website;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; or
• Advocate, encourage, or assist any third party in doing any of the foregoing.

3. ANTI-SPAM Policy
Ziza strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Ziza also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Ziza, and/or its products and services. Ziza prohibits engaging in any of the foregoing activities by using the service of another provider, re-mailer service, or otherwise.
You agree not to interfere or take action that results in interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Website.

4. Intellectual Property Rights

You acknowledge that Ziza own or are licensed to use all Intellectual Property Rights in Ziza, including any images, photographs or text that appears on the Website. You must not make any representation to the contrary and you must not use or copy Ziza in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Website are owned by or licensed to Ziza or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.

5. Third Party Websites

This Website contains links to other third party controlled websites not under the control of Ziza. Ziza is not responsible for any content on these websites or endorses any content on these websites. If you choose to visit these websites then you must do so on your risk and make an effort yourself to verify the content before relying on the content from these websites. We do not make any representation about the quality and accuracy of content available on third party websites.

6. Copyrights, Trademarks and Other proprietary Rights

The contents of this Website, such as trademarks, designs, text, logos, and icons, or other intellectual property are owned by and proprietary to Ziza. You must not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without the Company's written permission. You are authorized to use this material only for personal, non-commercial purposes.

7. Product Reviews

This website may allow you to provide personal feedback on selected products. In doing so:

• your feedback must reflect your genuinely held opinion of the product
• your feedback must not be obscene, abusive, illegal, threatening, defamatory, objectionable, invasive of privacy, injurious to third parties or be misleading as to the origin of the content;
• your feedback must not infringe the intellectual property rights of a third party;
• you must not use a false email address or impersonate any person or entity; and
• You acknowledge that we may remove or edit your comments.

8. Limitation of Liability; Indemnification

Ziza or any Third party involved in the creating, hosting, delivering of this website will not be liable under any condition (including negligence) for any incidental, consequential , indirect, special or punitive damages arising out of your access to or use of this website even if Ziza has been advised on the possibility of such damages.

Ziza does not warrant or guarantee:

• the accuracy or completeness of any information available on this website
• Availability of uninterrupted or risk free access to this website
• That any reported errors or incorrect information will be corrected immediately
• That the website will be free of viruses or other software bugs.

Ziza may change the information contained on this website at any time without any notification. All users of this website agree that access to and use of the material is subject to the terms and conditions stated in this legal notice. If you are dissatisfied with the website or any content of this site, your remedy is to discontinue using the website.

INDEMNIFICATION

You agreed to indemnify and hold harmless Ziza, its affiliate, agents, independent consultants and their respective officers, directors, employees and agents from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and cost, arising out of or in any way related to your use of this website, any sale conducted here under, or information regarding company products, or in connection with your account or any other person’s use or access to this service by or through your account, with or without your permission, including without limitation any claims of negligence, libel,defamation,violation of rights of privacy or publicity , trespass and infringement of intellectual or other proprietary rights.

UNENFORCEABILITY

If any provision of this terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.

WAIVER

No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

9. Termination of Use

You may stop using the website at any time for any reason. Ziza reserves the right in its absolute discretion to suspend or cancel access to the website at anytime for any user without a notice and providing reason including but not limited to a breach of Ziza terms.

Ziza may disclose any information we may have about a user in relation to an investigation or allegation that your use of the website is in breach of these terms or is in breach of law or other regulation. Ziza reserves its right to identify or bring legal action against any person who is in breach of these terms.

10. Change to Terms

Ziza may change the terms at any time without any notice and by continuing to use the website you consent to any variations. Ziza will not notify any changes to any user; it is user’s responsibility to regularly check with terms for any variation.

11. Governing Law

This Agreement will be governed by and interpreted in accordance with the laws of the State of Victoria in Australia. Any dispute in relation to these terms or your access or use of the website will be the exclusive jurisdiction of the courts of Victoria.

12. Ordering

When placing an order with Ziza via the website or via phone with our Customer Service Team, you must confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that 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. Orders also must not be supplied to liquor restricted areas or communities.

All orders are shipped out Monday through Sunday according to the following schedule:

• All Orders placed before 2:00 pm (Eastern Standard Time) Monday through Friday will be shipped out same day and All orders placed after 2:00 pm will be shipped out the following business day
• Orders placed on the weekends and major Holidays will be shipped out the next business day
• We reserve the right to hold shipments if we believe weather conditions (extreme heat or freezing cold) may impact the quality of our product.
• If you have particular requests, please note those in the "Special Instructions"

13. Order Limit:

We reserve the right to set the maximum order value

Order Limit: Limits apply to all order as follows:

Wine 50 units, Beer, Cider & Premix drinks 10 cases, Spirits 36 bottles

14. Money Back Guarantee

We're confident that our products represent excellent value for money, and we are proud to guarantee every product you buy. If you're not satisfied with a purchase you've made online or on the phone, we will arrange order for to be collected from you, just call us on +61 448 512 598 or email customerservice@ziza.com.au within two weeks of receiving it. Please view our terms and conditions.

15. Total price of Goods

Goods in your order are charged at the purchase price published at the time you submit your order, and as appears on the order confirmation, except:
a. if a Good is out of stock, in which case you won’t be charged for that Good,
b. where you have accepted to substitute Goods, Ziza may substitute the Goods and you will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your order, and
c. if you modify your order, in which case all prices in your cart will update to the then-current prices.

16. Pricing and product information errors

Ziza reserves the right to amend any pricing or product information errors displayed due to human error, computer malfunction or other reason and may exercise it’s right to cancel the order pursuant to clause above.
a. All prices are Australian dollars and are inclusive of GST.
b. The total of your order and your delivery fees are estimated once your delivery details are provided in the checkout.
c. Promotional offers and prices are as stated, with no further discounts available.
d. Bundle Buy Saving Value is based on recommended retail price of individual bottles.
e. Prices are subject to variation
f. Promotional codes are single use and cannot be used on multiple orders

17. Tax invoice

Before or upon delivery of the Goods, we will provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.

18. Method of payment

You shall pay for the Goods at the time of purchase or when your Order is dispatched. You may use your credit card (MasterCard, Visa, and American Express). Ziza may accept cash payment when your Order delivered to you.

19. Rain Check, Out of Stocks and Substitution

Ziza does not provide rain checks on Goods ordered by you or price holding for any products on promotion beyond the promotional activity date. If the items you have ordered are out of stock Ziza customer service will endeavour to contact you to offer a substitution of goods. If you are unhappy with the offered substitution we will cancel the order and complete a refund.

20. Packaging and Labeling of Goods

Ziza aims to provide up-to-date pictures and details of the Goods on the Website. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. Ziza does not warrant the accuracy of the information contained on the Website, any descriptions or pictures, and recommends that you read labels carefully before consuming Goods