Ownership of Website and Content
Malt & Rock owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Malt & Rock. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Malt & Rock or of the relevant trade mark owner.
Malt & Rock cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.
Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. Malt & Rock provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.
Malt & Rock provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Malt & Rock will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.
Your Privacy is Important
2. Terms of Product Purchase
You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Malt & Rock if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.
You place an order with Malt & Rock by selecting products and pressing the "purchase now" button on the checkout page. Malt & Rock reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Malt & Rock at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Malt & Rock upon Malt & Rock acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia and Tasmania.
Malt & Rock uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Malt & Rock may need to reject an order you have placed for a product where Malt & Rock establishes that it is actually unavailable for delivery. In such cases Malt & Rock will refund in full all amounts you paid in respect of such unavailable product. Malt & Rock cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.
We will charge you, and you agree to pay, the price of each Product ordered on the Site together with all Delivery Fees and Taxes set out in these terms and conditions. Prices for Products are shown on the Site at the time you place your order and are inclusive of GST. Prices for Products are subject to change from time to time. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
You must pay for your products purchased on this website at the time of placing an order. We accept Paypal and all major credit cards including Mastercard, American Express, Diners Club and Visa.
Variation of Products and Price
Malt & Rock may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Malt & Rock's retail stores and those found on this website.
Delivery terms included delivery areas and estimated delivery times are contained in Malt & Rock's Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Malt & Rock provides delivery. Orders will not be processed for delivery to an address in a suburb not in Malt & Rock's delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Fragile Products will be sent at your risk. Malt and Rock will take no responsibility for any breakages or damage to the Products during delivery.
Malt and Rock will not be held accountable for late deliveries or any Loss incurred as a result of or incidental to any late deliveries.
Return claims (including for replacement products, refunds or credits) are detailed in Malt & Rock's Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
3. Customer Product Review terms and conditions
By submitting any content to Malt & Rock Australia, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old;
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Malt & Rock Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Malt & Rock Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
None of the content that you submit shall be subject to any obligation of confidence on the part of Malt & Rock Australia, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Malt & Rock Australia and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
By submitting your review you are also consenting to the use of your name, to be published in conjunction with your review.