Effective Date: November 2025

1. Introduction and Acceptance

Welcome to the Blackman’s Brewery website (“the Site”). These Terms and Conditions (“Terms”) govern your access to, and use of, this website and all services provided through it, including product purchases, subscriptions, and information access.
By accessing or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site. Your continued use of the Site constitutes your acceptance of these Terms.
These Terms apply to all users of the Site, including but not limited to browsers, customers, purchasers, subscribers, and contributors of content.

2. Age Restrictions and Eligibility

2.1 Legal Age Requirement
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 in Australia. By using this Site and purchasing alcohol products, you represent and warrant that:
You are at least 18 years of age
You are legally permitted to purchase and consume alcoholic beverages in your jurisdiction
Any information you provide to us is accurate and truthful

2.2 Age Verification
We reserve the right to request proof of age at any time during the purchasing process or upon delivery. Failure to provide satisfactory proof of age may result in order cancellation and forfeiture of payment.

3. Website Content and Use

3.1 Permitted Use
You agree to use the Site only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Site. Prohibited conduct includes:
Harassing or causing distress or inconvenience to any person
Interrupting the normal flow of dialogue within the Site
Using offensive, abusive, defamatory, or obscene language
Promoting illegal or unethical activities
Reproducing, distributing, or transmitting content without permission
Attempting to gain unauthorized access to the Site

3.2 Intellectual Property Rights
All content on this Site, including but not limited to text, graphics, images, product descriptions, logos, audio, and video, is the exclusive property of Blackman’s Brewery or its content suppliers and is protected by Australian copyright law.
You may view and print content for personal, non-commercial use only. You may not:
Reproduce, distribute, or transmit any content without express written permission
Modify, adapt, translate, or create derivative works
Remove or alter any proprietary notices, labels, or marks
Use content for commercial purposes or public display

4. Products and Services

4.1 Product Information
While we strive to provide accurate product descriptions, images, and information, we do not warrant that all information on the Site is complete, accurate, reliable, or timely. Product specifications, availability, and pricing are subject to change without notice.
4.2 Craft Brewery Products
Blackman’s Brewery produces and supplies craft beer products. All beers are manufactured on-site in Torquay, Victoria. Products are produced in accordance with Australian food safety standards and regulations.
4.3 Product Warranties
Products are provided “as is” and “as available.” We do not provide any express or implied warranties regarding product quality, merchantability, or fitness for a particular purpose, except as required by the Australian Consumer Law.
4.4 Subscription Services
The Beer Club subscription service allows customers to receive regular shipments of selected products. Subscription terms, pricing, and cancellation policies are outlined at the point of subscription. You may modify or cancel your subscription at any time through your account settings.

5. Pricing and Payment

5.1 Pricing
All prices displayed on the Site are in Australian Dollars (AUD) and are current at the time of display. Prices are subject to change without notice. We reserve the right to correct errors in pricing or product information.
5.2 Payment Terms
Payment must be made in full before products are dispatched. We accept the following payment methods:
Credit cards (Visa, Mastercard, American Express)
Bank transfer
PayPal and other digital payment services
Stripe and other integrated payment processors
By providing payment information, you authorize us to charge the stated amount to your account.
5.3 Billing Disputes
If you believe there is an error in your billing, you must notify us within 14 days of the transaction. We will investigate and respond to your claim in a timely manner.

6. Shipping and Delivery

6.1 Shipping Policy
We offer free Australia-wide shipping on most orders. Delivery is subject to availability and location. Delivery timeframes are estimates only and not guaranteed.
6.2 Risk of Loss
Title and risk of loss for products pass to you upon delivery to the carrier or your specified address, whichever occurs first. We are not responsible for loss, theft, or damage to products during transit.
6.3 Delivery Delays
While we aim to deliver promptly, Blackman’s Brewery is not responsible for delays caused by:

• Carrier delays or failures
• Weather conditions or natural disasters
• Government actions or regulatory compliance
• Force majeure events
• Address errors provided by the customer

7. Returns, Refunds, and Cancellations

7.1 Product Returns
Due to the nature of alcoholic beverages, returned products cannot be restocked or resold. Opened or partially consumed products cannot be accepted for return or refund.
7.2 Defective Products
If you receive a defective product (damaged in transit, manufacturing defect, or incorrect product), you must notify us within 7 days of delivery with photographic evidence. We will, at our discretion:

• Replace the defective product at no charge, or
• Issue a full refund

7.3 Order Cancellation
Orders may be cancelled before dispatch. Orders that have been dispatched cannot be cancelled. To request cancellation, contact us immediately at [insert contact details].
7.4 Refund Processing
Approved refunds will be processed within 14 business days. Refunds are issued to the original payment method. Processing times by your financial institution may vary.
7.5 Australian Consumer Law Rights
Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law. If a product is found to be faulty or not as described, you may be entitled to a replacement or refund under Australian Consumer Law protections.

8. Limitation of Liability

8.1 Disclaimer of Warranties

The Site and all products, services, and information provided are supplied “as is” and “as available” without any representations or warranties of any kind, whether express or implied, including:
Warranties of merchantability or fitness for a particular purpose
Warranties that the Site will be uninterrupted or error-free
Warranties that content is accurate, complete, or non-infringing
Warranties of website security
8.2 Limitation of Liability
To the extent permitted by law, Blackman’s Brewery shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenues, or lost data, arising from:
Your use of or inability to use the Site or services
Any products or services obtained through the Site
Unauthorized access to or alteration of your information
Third-party content or links accessed through the Site
Your reliance on information provided on the Site
This limitation applies even if Blackman’s Brewery has been advised of the possibility of such damages.
8.3 Consumer Guarantees
This limitation of liability does not apply to liability that cannot be excluded under the Australian Consumer Law, including statutory guarantees regarding goods and services.

9. Third-Party Content and Links

9.1 External Links
The Site may contain links to third-party websites. These links are provided for convenience only. We do not endorse, monitor, or take responsibility for the content of external websites, and your access to them is at your own risk.
9.2 Third-Party Content
We are not responsible for third-party content, including reviews, comments, or user-generated content, even if such content appears on our Site. We reserve the right to remove any third-party content that violates these Terms.
9.3 No Endorsement
Links to third-party websites do not imply endorsement or sponsorship of those websites or their content.

10. User-Generated Content

10.1 License Grant
If you submit content to the Site (including reviews, comments, or feedback), you grant Blackman’s Brewery a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute that content for any purpose, including marketing and promotion.
10.2 User Responsibility
You are solely responsible for any content you submit. You represent and warrant that:

• You own or have the right to use all submitted content
• The content does not infringe any third-party rights
• The content is accurate, truthful, and not defamatory
• The content does not violate any laws or these Terms

10.3 Removal of Content

We reserve the right to remove, moderate, or reject any user-generated content that violates these Terms or is otherwise inappropriate.

11. Privacy and Data Protection

11.1 Privacy Policy
Your privacy is important to us. Our use of your personal information is governed by our separate Privacy Policy. By using the Site, you consent to the collection and use of information as outlined in our Privacy Policy.
11.2 Information Security
While we use reasonable security measures to protect your information, no method of transmission over the Internet is 100% secure. We cannot guarantee the absolute security of your personal or payment information.
11.3 Cookies
The Site may use cookies to enhance your user experience. By using the Site, you consent to our use of cookies as outlined in our Privacy Policy.

12. Prohibited Activities

You agree not to:

• Use the Site for illegal purposes or in violation of any applicable laws
• Attempt to gain unauthorized access to the Site’s systems
• Interfere with or disrupt the Site’s operation or security
• Engage in phishing, spamming, or other malicious activities
• Collect or harvest personal information from other users
• Post content that is defamatory, obscene, or otherwise offensive
• Resell or redistribute products without authorization
• Use automated tools or bots to access the Site without permission
• Violations of these restrictions may result in immediate suspension or termination of your access to the Site.

13. Compliance with Laws

13.1 Alcohol Laws
All purchases and use of products are subject to Australian alcohol legislation, including:
Liquor Control Act (applicable in your state/territory)
Food Standards Australia New Zealand (FSANZ) regulations
Health and safety regulations
13.2 Responsible Service of Alcohol
Blackman’s Brewery promotes responsible consumption of alcohol. We do not sell to intoxicated customers or those appearing to be under 18 years of age.
13.3 Age-Related Restrictions
Certain products or services may be restricted based on age, health status, or legal requirements in your jurisdiction.

14. Termination

14.1 Account Termination

We reserve the right to terminate or suspend your account and access to the Site at any time, with or without cause, including for:
Violation of these Terms
Illegal activity or content
Abuse of the Site or other users
Non-payment of outstanding charges
14.2 Effect of Termination
Upon termination, all rights granted to you under these Terms immediately cease. Outstanding orders may be cancelled without refund.

15. Indemnification
You agree to indemnify, defend, and hold harmless Blackman’s Brewery and its officers, directors, employees, agents, and successors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Site or products
• Your violation of these Terms
• Your violation of any applicable laws
• Your infringement of third-party rights
• Your user-generated content
• Any claims arising from your age or eligibility to purchase alcohol

16. Modifications to Terms and Products

16.1 Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site following any modifications constitutes your acceptance of the new Terms.
We recommend reviewing these Terms periodically to stay informed of any changes.
16.2 Changes to Products and Services
We reserve the right to modify, discontinue, or alter any products, services, or features of the Site without notice. This includes changes to product specifications, availability, or pricing.

17. Dispute Resolution

17.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia, and the Australian Consumer Law, without regard to its conflict of law principles.
17.2 Jurisdiction
You irrevocably submit to the exclusive jurisdiction of the courts located in Victoria, Australia, and agree to be bound by any judgment rendered therein.
17.3 Dispute Process
If a dispute arises, you agree to attempt to resolve the matter informally by contacting Blackman’s Brewery directly. If the dispute cannot be resolved informally within 14 days, either party may pursue legal action.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Blackman’s Brewery regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, and representations.
The failure of Blackman’s Brewery to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

20. Contact Information

For questions, concerns, or legal notices regarding these Terms and Conditions, please contact:
Blackman’s Brewery
Address: 29/8 LEWALAN STREET, GROVEDALE 3216
Email: geelong@blackmansbrewery.com.au
Phone: [Insert contact phone] Website:https://www.blackmansbrewery.com.au/

21. Survival

The following provisions shall survive any termination or expiration of these Terms: Intellectual Property Rights (Section 3.2), Limitation of Liability (Section 8), Indemnification (Section 15), Governing Law (Section 17), and Entire Agreement (Section 19).

Last Updated: November 2025
Please ensure you read these Terms and Conditions carefully before making a purchase or using this website.