Terms of Services

1. Interpretation and Definitions

Company means Local Beverage Community Pty Ltd (ABN [insert]), with registered office in New South Wales, Australia, also referred to as “Local Beverage Community”, “we”, “us”, or “our.”

Client, you, or your means any individual or business accessing or using our Services.

Services means the professional support, representation, operations, and related business-to-business services provided by Local Beverage Community, whether via our website https://www.localbevco.com.au or under separate arrangements.

Website means the public-facing site available at https://www.localbevco.com.au.

Agreement means these Terms of Service together with any accepted proposal, invoice, or schedule referencing them.

2. Acceptance of Terms

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

These Terms apply in addition to any other written agreement we have with you. If there is an inconsistency, the specific written agreement will prevail to the extent of the inconsistency.

3. Scope of Services

We provide professional representation, sales support, and operational services to beverage brands and related partners as described on our Website or in a written proposal.

We may engage affiliates, employees, or subcontractors to perform any part of the Services, provided we remain responsible for their performance.

Any timelines, deliverables, or outcomes are estimates only unless expressly guaranteed in writing.

4. Client Responsibilities

You agree to:

• Provide accurate, complete, and timely information necessary for us to perform the Services.
• Obtain all licences, consents, and approvals required for us to use your materials, logos, or intellectual property.
• Cooperate with our staff and representatives in good faith.
• Ensure that all materials you provide do not infringe the rights of any third party.

5. Fees, Payments, and Taxes

• All prices are in Australian dollars (AUD) and exclusive of GST, unless stated otherwise.
• You are responsible for any reasonable expenses we incur in performing the Services (e.g. travel, freight, consumables) if pre-approved by you.
• Fees are non-refundable except as required by law or as otherwise agreed in writing.
  

6. Intellectual Property

• All pre-existing intellectual property owned by either party remains their property.
• Unless agreed otherwise, all deliverables created by us in performing the Services become your property once payment is received in full.
• We retain the right to use general know-how, methods, and non-confidential aspects of our work for future projects.
• You grant us a non-exclusive licence to use your trademarks, logos, and related content solely for delivering the Services and for reasonable promotional purposes (e.g. case studies, portfolio examples).
  

7. Confidentiality

Each party must keep confidential all non-public information disclosed by the other in connection with the Services and use it only for purposes of this Agreement.

Confidentiality obligations survive termination for three years or as required by law.

8. Consumer Guarantees & Australian Law

Nothing in this Agreement excludes, restricts, or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law (ACL).

Where our Services are not ordinarily acquired for personal, domestic, or household use, our liability for failure to comply with any guarantee is limited (at our option) to:

• re-supply of the Services; or
• payment of the cost of having the Services re-supplied.
  

9. Limitation of Liability

To the fullest extent permitted by law:

• Our total aggregate liability to you for all claims arising out of or in connection with the Services is limited to the total fees paid by you for the Services  
• We are not liable for any indirect, consequential, incidental, or special loss (including loss of profit, data, goodwill, or business opportunity).
• The above limitation does not apply to liability arising from our fraud, wilful misconduct, or personal injury caused by our negligence.
  

10. Indemnity

You agree to indemnify and hold harmless Local Beverage Community, its directors, employees, and contractors from and against all claims, losses, or expenses arising from:

• your breach of these Terms;
• your negligence or misconduct; or
• any third-party claim that your materials or conduct infringes rights or causes damage.

11. Termination

Either party may terminate this Agreement:

• For convenience with 30 days’ written notice; or
• Immediately, if the other party commits a material breach not remedied within 14 days of written notice.
  

Upon termination, you must pay for all Services performed and expenses incurred up to the termination date.

Sections relating to confidentiality, intellectual property, limitation of liability, and indemnity survive termination.

12. Force Majeure

Neither party is liable for any delay or failure to perform obligations caused by events beyond reasonable control (including natural disasters, strikes, pandemics, or transport disruptions).

If performance is delayed for more than 30 days, either party may terminate the Agreement on written notice.

13. Amendments

We may update these Terms from time to time. Where a change materially affects your rights, we will provide at least 30 days’ notice by email or on our Website.

If you continue using our Services after that period, you will be deemed to have accepted the revised Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

You and Local Beverage Community irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for any dispute arising out of or in connection with this Agreement.

15. Dispute Resolution

Before commencing legal proceedings, the parties must attempt to resolve disputes by good-faith negotiation.

If unresolved after 60 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) before resorting to litigation.

16. Notices

All notices must be in writing and sent by email to shout@localbevco.com.au or to the address last notified by either party.

Notices are deemed received when the email is successfully transmitted (unless bounced).

17. Miscellaneous

• Severability: If any clause is invalid or unenforceable, the remaining clauses remain in full force.
• Waiver: A waiver of any right must be in writing and applies only to the specific instance.
• Entire Agreement: These Terms constitute the entire agreement and supersede all prior discussions and representations.
• Assignment: You may not assign or transfer this Agreement without our written consent.

Contact Us
For questions regarding these Terms, please contact:
shout@localbevco.com.au
Local Beverage Community Pty Ltd, NSW, Australia