Terms and Conditions

In these terms and conditions, “we”, “The Club”, “us” and “our” refers to The Whisky Club. Your access to and use of all information on this website including purchase of our services is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

1. Member Registration

You must become a Member of The Whisky Club to access the services provided on this website. To become a Member of The Whisky Club you must complete your registration by providing certain information as set out on our Join page. Any applicable signup rewards are only eligible for new Members, limited to one reward (or redemption) per person. New Members are defined as people who have never held an account with The Club. Please refer to our Privacy Policy on this page below for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. It is your responsibility to update your address details before an order is placed. Failure to do this may result in purchases being sent to an incorrect address and we will not be liable for this.

3. On registration, you agree to pay for our services as set out on our website.

4. Whisky Club accounts are limited to one account per person. We reserve the right to delete duplicate accounts.

5. We reserve the right to terminate your Membership at any time if you breach these terms and conditions.

6. You must be 18 years or older to join The Whisky Club. It is an offense to sell alcohol to minors and it is a punishable offense for a minor to purchase alcohol. Any minors attempting to join the club and found to have falsely claimed to be 18 or over will be reported to the New Zealand Police. By joining, you confirm that you, the purchaser, and the recipient(s) at the address provided are over 18 year of age.

7. The Whisky Club is open to New Zealand residents only.

8. Maintaining an active credit card is a requirement of Membership with The Whisky Club. Your Membership will be terminated should your card be invalid for more than 3 months.

9. In the case that you have more than one payment method in your Whisky Club account (credit card or multiple credit cards) we reserve the right to attempt to charge those additional payment types should the primary payment type be declined. By adding additional payment methods you agree to this.

10. Your card details are securely captured and stored in a secure vault by Merchant Warrior, our 3rd party payment processor. Each card is assigned a billing token which is stored on our site. This billing token is used to securely charge your card via the Merchant Warrior payment gateway.

11. You can terminate your Membership at any time. There is no penalty for termination or minimum term required. Terminate your Membership via the “Account Settings” link in the Account Details section of your account at thewhiskyclub.co.nz/my-account/

2. Your Subscription and How It Works

1. The Club operates an “opt-out” system. This means that you are automatically opted-in to purchase your subscription each month unless you decline the offer within the allotted timeframe.

2. The monthly buying process takes place over a 72hr period from midnight on the first Friday of each month until midnight on the following Sunday (NZDT).

3. The Club sends out the Whisky of the Month email on the first Friday of every month. This email contains full details on the featured whisky including pricing and may also include other products for you to purchase.

4. By becoming a Member of The Whisky Club, you agree to receive email correspondence from us. It is your responsibility to ensure that the Club’s email addresses (drams@mail.thewhiskyclub.co.nz and, drams@thewhiskyclub.co.nz) are whitelisted in your mail program to ensure deliverability. The Club does not accept responsibility for non-delivery of emails. Please contact us if you are having issues with your email provider to see how we can assist. 

5. Over the 72hr period from midnight on the first Friday of each month until midnight on the following Sunday you can opt-out (decline) or double-up (purchase double the number of bottles in your standard subscription) the featured whisky, and on occasion, where relevant you can also add-in extra products. Links are provided on the Whisky of the Month email or you simply login to your account (https://thewhiskyclub.co.nz/my-account/) to complete these actions. Please contact us immediately if for whatever reason you are unable to gain access to your account.

6. You agree that if you fail to indicate your desire NOT to purchase a given month’s featured whisky, your registered credit card will be debited and your whisky will be delivered to the address provided by you at registration – see Opt Outs and Refunds in detail below.

7. Whiskies of the Month range from $120 - $150 a bottle. All prices are in New Zealand Dollars (NZD), and are inclusive of GST. Postage is flat rate $15 per order New Zealand wide. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

8. All bottles are the distillery's standard bottle size sold in New Zealand. In most cases, this is 700ml. Some distilleries have 500ml bottles as their standard size. If the bottle is any size other than 700ml, we'll specify the size on the product page for that whisky.

3. Opt-out, Refunds and Returns

1. You can opt out of a month’s featured whisky by clicking on the “OPT OUT” button in your account. Please contact us immediately if for whatever reason you are unable to gain access to your account.

2. You will receive an email from mailto:drams@mail.thewhiskyclub.co.nz upon successfully processing an opt-out (same for double-ups and add-ins/top-ups). Another way of checking that the opt-out has correctly processed is to refresh the My Account page, and check your Delivery Box summary.

3. It is your responsibility to opt out during the opt-out/double-up window and this timeframe is clearly stated on the Whisky of the Month email. There is no penalty for opting out.

4. Opt-outs and double-ups reset at the start of each month. This means that you have to take action to opt-out or double-up each month.

5. It is your responsibility to ensure that the email address provided to us at registration is correct in order for you to receive the Whisky of the Month email. Please ensure that you update this address in your account if and when it changes.

6.It is your responsibility to ensure that our email addresses mailto:drams@thewhiskyclub.co.nz and mailto:drams@mail.thewhiskyclub.co.nz are whitelisted in your email program in order to ensure that you receive our emails. (An email whitelist is a list of contacts that the user deems are acceptable to receive email from and should not be sent to the trash folder.) Visit our Help Centre for instructions on how to whitelist our email addresses to ensure deliverability. The Whisky Club will not be held liable if you do not receive the monthly email.

7. We reserve the right to accept or decline any late opt-outs, double-ups or add-ins received after the stated deadline. In the event that a late opt-out is accepted, the amount charged will be credited to your account. If a late opt-out is accepted after your order has been processed, it is your responsibility to return the bottle to our warehouse at your cost before a refund or credit is applied. Refunds & Credit requests must be submitted within 30 days of purchase. Postage costs are non-refundable. Visit our Help Centre for details.

4. Charging your card

1. Unless otherwise stated and unless you have opted-out within the correct timeframe, you will always be charged on the first Monday after the first Friday of the month.

2. Successful transactions will receive a tax invoice via email and declined transactions will be notified via email depending on stock availability.

3. We will re-attempt to charge declined cards daily for the next five working days or until sold out. It is your responsibility to ensure you have sufficient funds available on your card and to update your account with your new payment details before your current card expires.

4. At all times we attempt to forecast and order sufficient stock to meet projected Member demand, however on those occasions where demand exceeds stock on hand, then available stock will be allocated strictly in the following order: Double Subscriptions, then Single Subscriptions in the order of longest-standing Members first, and finally Double Up requests. PLEASE NOTE: this can mean that on very rare occasions not all Double Up requests are fulfilled, and even more rarely it can mean newer Members who have not opted-out do not receive the Whisky of the Month. Additionally, if an order’s payment declines, it may be re-processed with items removed if that item has since sold out. This can include the second bottle of the Whisky Of The Month for Two Bottle Members. Of course in these situations, wherever possible, we work closely with our suppliers to source additional stock for our Members.

5. In the case of Member Add Ins featured over the Whisky of the Month weekend (the first Friday of each month until midnight on the following Sunday), stock is allocated on a strict first come first served basis. Once all available stock is depleted Members can opt to join a waiting list and should a bottle become available it will automatically be added to their order and be processed along with any other products as per point 4.1 above

6. In the case of Member Ballots featured over the Whisky of the Month weekend (the first Friday of each month until midnight on the following Sunday), stock is randomly allocated to Members who have entered the Ballot. Those Members who are successful will be notified by email and have their order processed along with any other products as per point 4.1 above. If the order is unable to be processed within 24hrs, the ballot item will be reallocated. This process will continue until all stock is exhausted.

5. Delivery 

1. We, or our agents, ship products to you according to the instructions agreed upon by you when subscribing to the service.

2. Shipping & handling costs are included in the charge to your credit card.

3. Should you not receive your bottle within a reasonable time, contact us. If the product has not been delivered or has been shipped to an address other than the one registered or stipulated by you as your delivery address, we will ship a replacement product. Sometimes parcels are returned to our warehouse (Return to Sender) because of a variety of issues with delivery. Here we need you to confirm your delivery address, which will occur via email. Once confirmed we’ll ship your order back to your confirmed address.

4. Should the product be damaged in transit, please let us know and we can arrange a replacement of the product. We reserve the right to request evidence of damage in transit.

5. Your order will be delivered via courier and must be signed for, if nobody is home it will be available to pick up at the nearest courier pick up point. If you are often not at home we recommend to have your whisky delivery sent to your work place as we are legally required for alcohol to be signed for by someone 18 or older who is not under the influence of alcohol or drugs.  

6. A person must not order or request a person under the age of 18 years to take delivery of liquor purchased from The Whisky Club.

7. You may be required by our delivery partners to provide legal ID to receive goods from us. Valid IDs are: 

  • Kiwi Access Card
  • HANZ 18+ identification card (while valid)
  • Valid, original passport (NZ or International)
  • NZ Drivers License

6. Site Access

1. When you visit our website, we give you a limited license to access and use our information for personal use.

2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

3. Except as permitted under the Copyright Act 1994, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

4. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

7. Hyperlinks

1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

2. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

8. Intellectual Property Rights

1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All material including text and images, supplied by the client will remain the client’s property. The client is completely responsible for securing all necessary licenses or permissions for content that is supplied to The Whisky Club. All such material supplied by the client will be assumed to be the property of the client and therefore free to use in any development without fear of breach of copyright laws. The copyright for all material provided by The Whisky Club such as code, graphics, photographs, images and text, will remain the property of The Whisky Club until such time as payment has been made in full whereupon they will become the property of the client.

2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

3. Any comment, feedback, idea, review, or suggestion (called “Comments”) which you provide to us through this website’s review feature and/or the Club’s Facebook, Twitter and Instagram pages becomes our property. These Comments include written copy and images, including the use of your Whisky Club Account Avatar. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

5. All promotion and competition winners agree to supply photographs, and content specified within that competition’s terms and conditions of the prizes and experiences for promotional purposes

9. Disclaimers

1. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

10. Statutory Guarantees, Warranties to Consumers and Limitation of Liability

1. The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.

1.1 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
1.2 To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. We do not undertake to keep the Site updated. We are not in any way liable to you or any other third party if errors occur in the information of the Site or if the information is outdated.

1.3 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.

1.4 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
1.5 The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
1.6 To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

1.7 To the extent permitted by law:

1.7a our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:

(i) In the case of the supply of Products:

A) replacement or resupply of the Products; or
B) the cost of replacing or resupplying the Products;

(ii) In the case of the supply of Services:

(A) supplying the relevant Services again; or
(B) the cost of supplying the relevant Services again, and;

1.7b in any event, will not exceed the fees paid by you to us under the relevant Order.

1.8 To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.

1.9 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

11. Indemnity

1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

12. Jurisdiction

1. These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.

2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

13. Privacy

1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

2. Our compliance with privacy legislation is set out in our Privacy Policy

3. We may provide your name & address information to third parties purely for the express purpose of facilitating delivery to you. No other information is provided to our shippers.

14. Whisky Club VIP Card

By presenting this card to claim the cardholder discount you agree wholly to the below Terms & Conditions.

Cardholder discount

1. This card entitles the bearer to 10% off full size whisky bottles: at Pokeno Distillery.

2. This card entitles the bearer to 20% off whisky at Whisky Clubhouse bars. “Whisky” refers to neat whiskies and does not include mixers. This excludes full size bottles.

3. The card must be presented to the cashier immediately before payment in order for the Cardholder to be entitled to the discount.

4. The discount is available for the card holding Member only, and cannot be used on whisky sales for extra people, an extended group or to shout the whole bar!

The Card

1. This card is issued exclusively to active Members of The Whisky Club Company Pty Ltd (NZCN: 9429049284119).

2. The card is not transferable or assignable and is for the Cardholder’s personal use and benefit only.

3. There is no physical card. You must show the card live in your Club Account page, with the current date and time overlay showing. Screenshots and printouts will not be accepted.  

Variation & Cancellation

1. The Whisky Club reserves the right at any time and from time to time at its sole and absolute discretion without prior notice to vary or amend the terms and conditions contained herein and to add or subtract or in any way modify the Cardholder’s Discount.

Miscellaneous

1. The Whisky Club VIP Card may be withdrawn without prior notice at the absolute discretion of The Whisky Club Company Pty LTD.

2. The Whisky Club Company Pty LTD reserves the right to reject any application, to terminate any Card, or to refuse to replace any lost, damaged or stolen Card, at their absolute discretion, and without having to state any reason whatsoever.

3. The Whisky Club Company Pty LTD decision on all matters relating to or in connection with the Card shall be final and conclusive and no correspondence in relation thereto will be entertained.

4. The Whisky Club Company Pty LTD shall not be liable to any applicant, Cardholder or any other party for any loss or damage, irrespective of the circumstances

15. Gifting

As a purchaser and receiver of the gift of a The Whisky Club Membership you agree wholly to the below Terms & Conditions.

1. Gift Memberships can be purchased and redeemed at www.thewhiskyclub.co.nz/gifting

2. Both the gift giver and receiver must be at least 18 years old..

3. Payment can be made by Credit/Debit Card only. 

4. The following Gift Memberships can be selected from: One Month for $160

5. When the Membership is activated, this amount will be added to the receivers account as store credit.

6. The actual price of the Whisky of the Month varies from month to month. Minimum price for one Whisky of the Month bottle with delivery is $135. Maximum price for one Whisky of the Month bottle with delivery is $165. Any left-over funds will remain in the gift receiver’s account as credit towards further purchases.

7. Once available credit falls below $160 the Whisky of the Month delivery may cease, depending on the price of the whisky and remaining credit balance. Any unused credit will remain in the account for three years (36 months) and can be used for any purchase but, will require a Payment Method to be added to the account to cover the balance.

8. Once a Payment Method has been added to the account, the Membership will continue, and will be charged monthly for the Whisky of the Month unless the Member Opts Out for any month, or the Membership is cancelled. Membership can be cancelled at any time.

9. Gift receivers enjoy all the benefits of Club Membership, including a Member Card for discounts at the Clubhouse network, special Member pricing for events and entry into competitions.

16. General for Giveaways

1. If for any reason, a winner does not accept the prize (or an element of the prize) by the time stipulated by the Promoters, then the prize (or that element of the prize) will be forfeited and cash will not be awarded in lieu.

2. Entrants agree that they are fully responsible for any information or materials they submit via the promotion including, but not limited to, their name, entry, comments, recordings and images (“Content”). The Promoters shall not be liable in any way for such Content to the full extent permitted by law. The Promoters may amend, remove or decline to publish any Content without notice for any reason whatsoever, and the Promoters may remove entries at any time in their absolute discretion. Entrants warrant and agree that:

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoters may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18, indecent, inappropriate, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent to submit the Content in accordance with these Terms and Conditions from any person or from the owner(s) of any property, including intellectual property, that appears in their Content;
(d) they own the copyright and/or intellectual property rights in the Content and have the rights in the Content to the uses contemplated by these Terms and Conditions; or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) to the extent permitted by law, they unconditionally and irrevocably consent to any use of the Content or act or omission which may otherwise infringe any moral rights in the Content and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems; and Instagram’s requirements.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

3. As a condition of entering a promotion, each entrant licenses and grants the Promoters and their affiliates and sub-licensees an unrestricted, royalty-free, perpetual, worldwide, irrevocable, transferable and divisible right and licence to use, reproduce, modify, adapt, publish and display their entry (which shall include Content), or part of their entry, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. If requested by the Promoters, the entrant agrees to sign any further documentation required by the Promoters to give effect to this arrangement.

4. The major prize winner agrees to photograph their prize and share their content with The Promotor. Prize winners agree that their images, quotes and footage may be used by The Whisky Club and shared on The Whisky Club's social media and website. 

5. Any cost associated with entering the promotion, or any promotional website is the entrant’s responsibility and is dependent on the Internet service provider. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

6. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters’ ability to proceed with the promotion on the dates and in the manner described in these Terms and Conditions, including but not limited to technical or telecommunications problems (including security or data breaches), fraud, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoters may in its absolute discretion modify, cancel, terminate or suspend the promotion, and/or recommence it from the start on the same Terms and Conditions.

18. To the extent permitted by law, the Promoters and/or their associated agencies and companies, will not be liable for any damages, misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:

(a)  during the entry process or winner determination process;

(b)  in the acceptance, participation or use of any element(s) of the prize;

(c)  as a consequence of late, lost, failed, delayed, inaccurate or misdirected entries or other communications;

(d)   due to the broadcast of any program relating to the promotion, or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; and/or

(e)   arising from or related to any problem or technical malfunction (including security or data breaches) of any Internet, software, or telecommunications related to or resulting from participation in this promotion.

19. The Promoters and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, and reserves the right to take any action that may be available.

20. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Commerce Act 1986, Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

21. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:

(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(b) any theft, unauthorised access or third party interference;

(c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions;

(e) any tax liability incurred by a winner or entrant; or

(f) acceptance, participation or use of the prize.

22. It is a condition of taking the prize that a winner sign a legal release and indemnity in a form determined by the Promoter.

23. Entry details are collected by and remain the property of the respective Promoters and their related entities for the purpose of conducting and promoting this promotion, including for the purpose of identifying and notifying winners. The Promoter will handle entrant’s personal information in accordance with their respective Privacy Policies which can be viewed below, on this page and which contains information regarding how you can access your personal information, correct it and/or make a complaint about their handling of your personal information). By providing your personal information, you agree to the terms of their respective Privacy Policies. Without limiting the foregoing, the Promoters may disclose the entrant’s personal information to their related entities, business partners and external service providers for the purpose of processing and conducting the promotion, for promotional purposes surrounding the promotion, research and profiling purposes, and for other purposes reasonably related to the entrant’s relationship with the Promoters. In addition, by entering this promotion, you consent to the Promoters using your personal information for the purpose of the Promoters’ and their related entities sending you information regarding programs, products and services available through them and/or through their business partners, and to the Promoters sharing your personal information with its related entities for the purpose of those entities sending you such information directly.

24. The promoters reserve the right to change the terms and conditions of the competition at their discretion.

Privacy Policy

This Privacy Policy discloses the privacy practices for the website and various related services, toolbars, files and software that may be used, accessed, run or downloaded from this website along with any third party software that may be made available in conjunction with or through the foregoing (together referred to as the “Site”). As the provider of the Site, we are committed to protecting your privacy online. In a nutshell our privacy policy states that we will never rent, sell or lease your information to anyone else. So, please read the information below to learn the following regarding your use of the Site.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing e-mail to the e-mail address listed by registered users, if any and by posting the revised policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review the Site and this Policy periodically and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your acknowledgement of the modified Policy and your agreement to abide and be bound by the modified Policy.

1. Purpose

The Whisky Club Company Pty Ltd (we, our or us) is committed to complying with its obligations under the Privacy Act 2020(Privacy Act), including the New Zealand Privacy Principles. We are committed to respecting your privacy and protecting your personal information. Our staff are trained to protect your personal information in accordance with our policies, procedures and systems.

This Privacy Policy outlines how we manage and secure your personal information.  It also describes the kinds of personal information that we hold and for what purposes, and how that information is collected, held, used and disclosed.

This Privacy Policy discloses the privacy practices for our website https://thewhiskyclub.co.nz/ (the Site) and various related services, toolbars, files and software that may be used, accessed, run or downloaded from this Site along with any third party software that may be made available in conjunction with or through the foregoing . As the provider of the Site, we are committed to protecting your privacy online. In a nutshell, our Privacy Policy states that we will never rent, sell or lease your information to anyone else.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address listed by registered users and/or by posting the revised Privacy Policy on our website.

This Privacy Policy is easy to access on our website at: https://thewhiskyclub.co.nz/terms-and-privacy - This Privacy Policy is also available on request by contacting the Privacy Officer. The Privacy Officer’s details are outlined at paragraph 12 of this Privacy Policy.

You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review the Site and this Privacy Policy periodically and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your acknowledgement of the modified Policy and your agreement to abide and be bound by the modified Policy.

2. Types of Information Collected

In order to provide you with services through our Site, we may collect personal information, as well as technical data and statistical data about your use of the Site.  Our primary goal in collecting personal information and data from you is to provide you with a smooth, efficient, and customised experience while using the Site.

Personal information refers to information that lets us know the specifics of who you are. When you engage in certain activities on the Site, such as:

(a) registering for a membership,

(b) ordering a product or service,

(c) submitting content and/or posting content in discussion forums or other public areas,

(d) entering a contest or sweepstakes,

(e) filling out a survey, or

(f) sending us feedback,

we may ask you to provide certain information about yourself by filling out and submitting an online form.

It is completely optional for you to elect to engage in these activities. However, we may ask that you provide us with personal information such as:

(a) your first and last name;

(b) mailing address;

(c) e-mail address;

(d) employer;

(e) job title and department;

(f) telephone and facsimile numbers; and

(g) other personal information.

When ordering products or services on the Site, you may be asked to provide a credit card number. Some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

We gather certain information about you based upon where you visit on the Site in several ways.

This information may include the Site’s Uniform Resource Locator (URL) that you just came from, which URL you next go to, what browser you are using and your Internet Protocol (IP) address. An URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses for users to communicate on the Internet.

3. Collection Methods and Use of Information

We do not collect any personal information about you unless you voluntarily provide it to us. You provide certain personal information to us when you:

(a) register for our services and register your e-mail address with us;

(b) enter sweepstakes or contests sponsored by us or one of our partners;

(c) sign up for special offers from selected third parties;

(d) send e-mail messages; submit forms or transmit other information by telephone or letter; or

(e) submit your credit card or other payment information when ordering and purchasing products and services on the Site.

We may also collect information from you at other points on the Site that state that such information is being collected.

In addition, we may also collect, or third parties including our ad server and/or content server may collect, certain technical data. This data is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer the Site and to gather demographic information. Our third-party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at the Site.

We will primarily use your personal information to provide our services to you, as required by our agreements with you. We may also use your personal information to enhance the operation of the Site; fulfill orders; statistically analyse the Site use, improve our product and service offerings, and customize the Site’s content, layout and services. We may use your personal information to deliver information to you and to contact you regarding administrative notices.

When we receive personal information directly from you, we will take reasonable steps to notify you of the collection, and the circumstances that surround the collection.

4. Release of Information

We will not use or disclose personal information we hold about you that was collected for a particular purpose for another purpose, unless:

(a) you have consented to the use or disclosure of the information for another purpose; or

(b) the use or disclosure is otherwise permitted under the Privacy Act (e.g. you would reasonably expect us to use or disclose the information for another purpose or the use or disclosure of the information is required or authorised by a law or a court/ tribunal order).

Sometimes we may disclose personal information about you to third parties. Examples of third parties we may disclose your personal information to include, but are not limited to:

(a) our affiliates, service providers, partners and other third party contractors who operate and maintain the Site and assist us to deliver services to you;

(b) card-issuing banks or other financial institutions, where you provide credit card information, to confirm payment for products and services purchased on the Site;

(c) delivery service providers to deliver products that you ordered;

(d) our marketing service providers;

(e) our data hosting and cloud-based IT service providers; and

(f) any other person where you have given your consent.

In some circumstances, we may need to disclose your personal information to third party providers located in other countries including our data hosting and cloud-based IT service providers. These overseas recipients are likely to be located in the United States of America, China, Ukraine and New Zealand.

We do not sell, trade, or rent your personal information to others.

Where your personal information is disclosed:

(a) we will take reasonable steps to ensure that the overseas recipient does not breach the Privacy Act, unless an exception in the Privacy Act applies; and

(b) we will seek to ensure that personal information is used, held and disclosed consistently with the Privacy Act.  

Occasionally we may be required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities. We will disclose your personal information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide statistical data about our customers’ sales, traffic patterns, and related Site information to third party advertisers, but these statistics do not include any personal information.

5. Direct Marketing

We may, from time to time, send you e-mails regarding our products and services. Only we (or agents working on behalf of us and under confidentiality agreements) will send you these promotional offers and only if you indicated that you do not object to these offers.

If at any time you decide you:

(a) do not want to receive any more direct marketing material from us;

(b) do not want us to use or disclose the information for direct marketing in the future; and/ or

(c) want to know where we obtained the information,

you may:

(d) contact the Privacy Officer in accordance with paragraph 12 of this Privacy Policy; or

(e) opt-out of receiving any more marketing material via any opt-out mechanism contained in our marketing correspondence.

All our marketing correspondence will display a clearly visible and user-friendly opt-out mechanism. We may imply consent to receive direct marketing material if you do not use the opt-out mechanism.

If you request to no longer receive direct marketing material, we will process your request within a reasonable period after the request was made.

You also have choices with respect to cookies, as described below in paragraph 8 of this Privacy Policy. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of the Site may not work properly.

6. Quality of Personal Information

We take all reasonable steps to ensure the personal information we hold, use and disclose is accurate, complete and up-to-date.

If you believe that your personal information it not accurate, complete or up-to-date, please contact the Privacy Officer in accordance with paragraph 12 of this Privacy Policy. 

7. Security

At the Site, you can be assured that your personal information is secure to levels consistent with current industry standards. The importance of security for all personal information associated with our user is of utmost concern to us. Your personal information is protected in several ways. Access by you to your personal information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone.

We are committed to keeping your personal information secure. We do this by storing your personal information in different ways, including in computer systems, electronic databases, digital records and via third party data storage providers (currently headquartered in the United States of America and New Zealand).

We take all reasonable steps to protect the personal information we hold about you from misuse, loss, unauthorised access, modification or disclosure.

While we strive to protect your personal information, you acknowledge that:

(a) there are security and privacy limitations of the Internet which are beyond our control;

(b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed; and

(c) any such information and data may be illegally viewed or tampered with in transit by a third party outside of our control.

If we no longer need your personal information for any purpose for which it may be used or disclosed by us, we will take reasonable steps to destroy or permanently make anonymous the information, unless:

(a) it is contained in a Commonwealth record (as defined in the Public Records Act 2005); or

(b) we are required by law, or a court/ tribunal order, to retain the information.

Permanent anonymity means that we are not able to match the anonymous information with other records to re-establish the identity of the individuals.

Permitted destruction of personal information must occur by a secure means. Paper based records are shredded or disposed of securely by an authorised disposal company. Electronic records are overwritten before being deleted.

8. Cookies

When you use the Site, we will store cookies on your computer in order to facilitate and customise your use of the Site. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved. This may identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to the Site. The cookies make your use of the Site easier, make the Site run more smoothly and help us maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of the Site then may not work properly.

We may use a third-party ad serving company to display banner advertisements on the Site. As part of their service, they may place a separate cookie on your computer but we will not provide any third-party ad server with any of your personal information or information about your purchases. We and our third party ad server will collect and use technical data about you, such as your IP address, browser type, the server your computer is logged onto, the area code and mail code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on the Site in the same manner as above, but we will not disclose any personal information to them.

Google Analytics

We may use Google Analytics, a website analysis service provided by Google LLC, for website usage analysis and reporting. The information collected includes how often users visit our Site, what links they click, the user’s IP address, geolocation, browser and operating system and what other sites a user visited before coming to our Site.  Analytics service providers generate statistical and other information about usage by means of cookies, which are stored on users’ computers. The information generated relating to the Site may be used to create reports about the use of the Site and the analytics service provider will store this information.

The personal information collected by Google Analytics is governed by Google Analytics’ Terms of Service, which can be found at the following link:

https://www.google.com/analytics/terms/us.html

Further information about how Google Analytics collects and processes your personal information can be found at the following link:

https://policies.google.com/technologies/partner-sites

To opt out of Google Analytics’ use of cookies, an add on is available at the following link:

https://tools.google.com/dlpage/gaoptout

Facebook Pixel

We may also use Facebook Pixel to measure the effectiveness of our advertising. The Facebook Pixel is a piece of code which lets us measure, optimise and build audiences for our advertising campaigns.  By using our Site or clicking our ads you consent to the processing of your personal information by Facebook in accordance with Facebook’s terms and conditions which can be found at the following link:

https://www.facebook.com/legal/terms/businesstools

9. Privacy Policies of Third Party Sites and Third Party Software

Except as otherwise discussed in this Privacy Policy, this Privacy Policy only addresses the use and disclosure of information we collect from you through our Site. Other sites accessible through the Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s respective privacy policy. We are not responsible for the policies or practices of third parties.

Additionally, in using or visiting the Site you may come into contact or use third party software or services which we may not be aware of being on the Site. Such parties, whether we are aware of their presence on the Site or not, have their own privacy policies and we have no control over what use they may make of your information. Furthermore, other companies, which place advertising on the Site, may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information, nor can we control the use of such information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

10. Access to Personal Information

You may at any time request access to personal information we hold about you.  We will give you access to that information, unless an exception in the Privacy Act applies. 

You can request access to your personal information by contacting our Privacy Officer in accordance with paragraph 12 of this Privacy Policy.

We will respond to a request for access within a reasonable time (usually within 28 days), and give you access in the manner requested, provided it is reasonable and practicable to do so. We may need to verify your identify before we give you access to your personal information.

If we refuse to grant you access, then we will:

(a) take reasonable steps to give you access in a way that meets out needs, as well as yours; and

(b) provide you with reasons for our decision as required under the Privacy Act. 

Depending on the nature of the request, we may charge you a reasonable fee to access that information.

11. Correction of Personal Information

You may make a request to correct personal information held by us if you think any of the personal information we hold about you is incorrect, inaccurate, incomplete, out-of-date, irrelevant or misleading. This can be done by contacting the Privacy Officer in accordance with paragraph 12 of this Privacy Policy.

If we hold personal information about you and we are made aware that the information may be incorrect, inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information.

We will respond to a correction request within a reasonable time (usually 28 days). We may need to verify your identity before we correct any personal information.

If we refuse to correct the personal information, we will then provide you with the reasons for our decision as required by the Privacy Act.

12. Privacy Complaints

If you:

(a) have any issues about the way we handle your personal information after reading this Privacy Policy;

(b) become aware of a potential breach of privacy; or

(c) wish to make a complaint,

please contact our Privacy Officer.

Complaints can be made in writing to:

Privacy Officer

Mail:   The Whisky Club Company
            Level 3, 119 Macquarie Street
            Hobart Tas 7000
Email: drams@thewhiskyclub.co.nz

If you are not happy with the outcome of the Privacy Officer’s investigation or we have not replied to you within a reasonable time, then you can raise your concern with the Office of the New Zealand Information Commissioner.

Complaints can be made to the in the following ways:

Officer of the New Zealand Commissioner

Telephone: 0800 803 909
Email: enquires@privacy.org.nz
Mail: Office of the New Zealand Information Commissioner
PO Box 10 094, Wellington 6140.
Online: https://www.privacy.org.nz/about-us/contact-us/

13. Miscellaneous Privacy Issues

You must be at least 18 years old to have our permission to use the Site. We do not knowingly collect, use or disclose personal information about visitors that are under 18 years of age.

If we become aware that a minor has disclosed personal information to us, we will delete their personal information.

You should also be aware that when you disclose your personal information (i.e. your name, e-mail address, etc) in the discussion forums (including at the following link: https://thewhiskyclub.co.nz/reviews) or other public areas on the Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties.

Such activities are beyond our control and this Privacy Policy does not apply to such information. Any submissions to chat rooms or other public areas on the Site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are responsible for maintaining the secrecy of your personal information as well as any passwords and/or account information. Please be careful and responsible whenever you are online.

You have the option to remain anonymous, or to use a pseudonym when dealing with us where it is lawful and practical to do so.

If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please 
contact the Privacy Officer in accordance with paragraph 12 of this Privacy Policy.

 

Last Edited: March 2025