TERMS OF SERVICE
Effective Date: October 2025
Last Updated: October 2025
Overview
This website is operated by Blue Sky Drinks Co. Throughout the site, the terms “we”, “us” and “our” refer to Blue Sky Drinks Co. Blue Sky Drinks Co. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (“Terms of Service”, “Terms”).
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including additional terms and policies referenced herein or available by hyperlink (e.g. our Privacy Policy, Returns Policy, and Shipping Policy). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products and services to you.
1. Online Store Terms (Age & Responsible Service of Alcohol)
By agreeing to these Terms, you represent that:
You are at least 18 years of age (Australia) and legally permitted to purchase alcohol in your jurisdiction; and
Where applicable, you consent to any minor dependants’ use of this site only for non-alcohol-related browsing.
You must not use our products for any illegal or unauthorised purpose nor, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws and liquor licensing laws). You must not transmit worms, viruses, or any destructive code. A breach or violation of any Term will result in immediate termination of your Services.
We comply with the Responsible Service of Alcohol (RSA). We may refuse, cancel or delay orders and deliveries if we reasonably believe supplying alcohol would contravene applicable liquor laws or present a risk (including intoxication, secondary supply, or age concerns).
2. General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time (acting lawfully and reasonably).
You understand that your content (excluding credit card information) may be transferred unencrypted over various networks and changed to conform to technical requirements. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission. Headings are for convenience only and do not limit these Terms.
3. Accuracy, Completeness & Timeliness of Information
Information on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting more accurate, complete or timely sources. Any reliance on site material is at your own risk. Historical information may not be current and is provided for reference only. We may modify site contents at any time but have no obligation to update information. You agree it is your responsibility to monitor changes.
4. Modifications to the Service & Prices
Prices are subject to change without notice. We may modify or discontinue the Service (or any part/content) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension or discontinuance.
5. Products or Services
Some products or services may be available exclusively online and may have limited quantities; returns/exchanges are subject to our Returns Policy. We have made every effort to display product colours and images accurately, but cannot guarantee your device’s display is accurate.
We reserve the right to limit sales to any person, geographic region or jurisdiction, and to limit quantities. All product descriptions and pricing are subject to change at any time without notice. We may discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.
We do not warrant that the quality of products, services, information, or other material will meet your expectations, or that errors in the Service will be corrected.
6. Accuracy of Billing & Account Information
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household or order (including orders under the same account, credit card, and/or using the same billing/shipping address). If we make a change to or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided at purchase. We may restrict orders we reasonably suspect are placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information and to promptly update details (including email and card expiry dates) so we can complete transactions and contact you as needed.
For details, see our Returns Policy.
7. Optional Tools
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. We are not liable for your use of optional third-party tools. Any use is entirely at your own risk and discretion, and you should ensure you approve the terms provided by the relevant third-party provider(s). Future new services/features will also be subject to these Terms.
8. Third-Party Links
Certain content, products and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant or assume liability for materials, products or services of third parties. Review third-party policies and practices carefully before any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
9. User Comments, Feedback & Other Submissions
If you submit creative ideas, suggestions, proposals, plans, reviews, images or other materials (collectively, “comments”), whether at our request (e.g., contests) or unsolicited, you agree we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation to maintain comments in confidence, pay compensation, or respond.
We may monitor, edit or remove content we determine is unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable, or violates any party’s intellectual property or these Terms. You agree your comments will not violate any third-party rights (including copyright, trade mark, privacy or personality rights), or contain unlawful, abusive or obscene material, viruses or malware. You may not use a false email, pretend to be someone else, or mislead us or third parties as to origin. You are solely responsible for comments you make and their accuracy. We assume no liability for user-posted comments.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
11. Errors, Inaccuracies & Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
Except as required by law, we undertake no obligation to update, amend or clarify information. Any specified update or refresh date should not be taken to indicate that all information has been modified or updated.
12. Prohibited Uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state/territory or local regulations, rules, laws or ordinances (including liquor laws); (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect/track personal information of others without consent; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features. We may terminate your use of the Service or any related website for violating any prohibited use.
13. Delivery of Alcohol (ID, Age & Safe Drop)
Where we (or our delivery partners) deliver alcohol, you agree that:
A competent, sober adult (18+) must receive the order and provide acceptable proof of age upon request.
We may refuse delivery if suitable ID is not provided, the recipient appears under-age or intoxicated, or delivery would otherwise contravene liquor laws.
“Safe drop”/authority to leave may be unavailable for alcohol. If no eligible recipient is present, redelivery or collection may apply and fees may be charged.
Risk in the products passes on delivery to the nominated address/recipient.
14. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free, or that results will be accurate or reliable. From time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated) provided “as is” and “as available”.
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies conferred by the Australian Consumer Law (ACL) or any other applicable legislation that cannot be excluded, restricted or modified. To the extent permitted by law, Blue Sky Drinks Co., our directors, officers, employees, affiliates, agents, contractors, suppliers and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, savings, data or replacement costs, arising from your use of the Service or any products procured using the Service.
Where liability cannot be excluded under the ACL, our liability is limited, at our option, to: (a) in the case of goods—repair or replacement of the goods or supplying equivalent goods, or paying the cost of same; and (b) in the case of services—supplying the services again or paying the cost of having the services supplied again.
15. Indemnification
You agree to indemnify, defend and hold harmless Blue Sky Drinks Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand (including reasonable legal fees) made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
16. Severability
If any provision of these Terms is unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This shall not affect the validity and enforceability of any other provisions.
17. Termination
Obligations and liabilities incurred prior to termination survive termination. These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services, or when you cease using the site. If in our sole judgment you fail, or we suspect you have failed, to comply with any term, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and we may deny you access to our Services (or any part thereof).
18. Entire Agreement
The failure by us to exercise or enforce any right or provision shall not constitute a waiver. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals (oral or written). Any ambiguities in interpretation shall not be construed against the drafting party.
19. Governing Law
These Terms and any separate agreements whereby we provide you Services are governed by the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the courts of New South Wales.
20. Changes to Terms
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
21. Contact Information
Customer & Supplier Enquiries
David Ward — General Manager, Sales & Marketing
📧 david@blueskydrinks.com.au
📞 0414 199 284
Media Enquiries
Brittany Bennett McLeod — Bennett PR
📧 brittany@bennettpr.com.au
📞 0423 893 531