PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Tortured Gum Brewery is a family friendly site, and we DO NOT accept or allow the following types of sites into our program: Gambling, Adult content (porn, soft porn, sites with adult ad's), Pharmacy (Cheap drugs, Viagra, male/female enhancement, etc.), Hate, Link Farms or Spam Sites. If you sell any of these products and we find out, we will cancel your membership without hesitation. We do not need to explain our decision or reasons if we reject or cancel any membership.

Email Optin Policy

When using any of our Tortured Gum Brewery newsletter: booking: forum: or shopping services; and/or competitions you will be opted in to receive email updates from Tortured Gum Brewery. You may unsubscribe at anytime by clicking on the "unsubscribe from this list" link at the bottom of any email sent.

Copyright

Please refer to our copyright information detailed here. All other beer names are copyright to their respective owners, the names are only intended to provide an indication as to the style of beer that can be created.

Trademarks

All trademarks, service marks and trade names of Tortured Gum Brewery used in the site are trademarks or registered trademarks of Tortured Gum Brewery. All other beer names are trademarked to their respective owners, the names are only intended to provide an indication as to the style of beer that can be created.

Disclaimer of Warranty

Please refer to our Disclaimer of Warranty information detailed here.

Limitation of Liability

Tortured Gum Brewery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.

Typographical Errors

In the event that a Tortured Gum Brewery product is mistakenly listed at an incorrect price, Tortured Gum Brewery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tortured Gum Brewery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tortured Gum Brewery shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tortured Gum Brewery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Tortured Gum Brewery may deliver notice to you by means of e-mail, a general notice on the site, social media, or by other reliable method to the address you have provided to Tortured Gum Brewery.

Guarantees

Tortured Gum Brewery offers the following guarantee. If you purchase the Tortured Gum Brewery course and for some reason you decide that you would like a refund, you have 30 days to request a refund. If you request a refund within 30 days from the date of purchase, Tortured Gum Brewery will give you a full refund of your purchase price for the course. If you do not request a refund within the 30 day refund period, you forfeit this option and will not be eligible for a refund. We do not offer refunds on any additional services that you may purchase in the members area once you are a member.

Gift Vouchers

You are responsible for the use and safety of your Gift Voucher. You are liable for all transactions on your Gift Voucher, except to the extent to which there has been fraud or negligence by us or by any of our employees.  Dollar Discount Gift Vouchers issued after September 30th 2016 are valid for twelve months from the Date of Issue.  All other Gift Vouchers are valid for six months from the Date of Issue. After the Gift Voucher has expired, it is no longer valid and all transactions will be declined. Unused value will not be refunded and will become our property.

  • You must present your Gift Voucher to make your purchase.
  • Gift Vouchers cannot be returned for a refund.
  • You cannot redeem your Gift Voucher for cash.
  • Gift Vouchers cannot be used on the day of purchase.
  • Treat your Gift Voucher like cash. Lost or stolen vouchers will not be replaced or refunded.

Bottling or Canning Cancellations

A minimum of 24 hours notice must be provided in order to cancel either a bottling or canning session. Cancellations (including postponements) within 24 hours of the appointed booking will incur a $30.00 service/cleaning fee.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tortured Gum Brewery or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Tortured Gum Brewery does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tortured Gum Brewery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tortured Gum Brewery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Torturedgum.com in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Tortured Gum Brewery, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Tortured Gum Brewery may link to sites operated by third parties. However, even if the third party is affiliated with Tortured Gum Brewery, Tortured Gum Brewery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tortured Gum Brewery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tortured Gum Brewery seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Force majeure 

To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these terms and conditions, for failure to observe or perform any of our obligations under these terms and conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

Applicable law

Your use of this site shall be governed in all respects by the laws of the Australian Capital Territory, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Tortured Gum Brewery products or services) shall be in the state or federal courts located in  the Australian Capital Territory, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tortured Gum Brewery products) must be commenced within one (1) year after the claim or cause of action arises. Tortured Gum Brewery's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tortured Gum Brewery may assign its rights and duties under this Agreement to any party at any time without notice to you.