Gift Buyer’s Agreement
Terms and Conditions
This is an agreement between you and First Beer Club Trading Pty. Ltd. (“FBC”) in which you are buying membership in “the First Beer Club” operated by FBC (“the Club”) as a gift.
By purchasing a membership (Founding Member or general member) as a gift you agree to the following Terms and Conditions.
You confirm that the gift recipient:
resides in Australia;
is over the age of 18 years;
is not suffering from an illness or medical condition or takes medication where alcohol could be detrimental to you or others (if you don’t know about such a medical condition you can either obtain a full refund or contact us to give it to another person);
does not already have a membership (if you later find out they already have a membership then you can contact us to request transferring the gift to another recipient or for a refund).
Membership
If you are purchasing a general membership (i.e. not a Founding Membership) then you agree to pay $119 for 12 months of membership in the Club.
Founding Membership
“Founding Members” are the first 1,000 members of the Club.
If purchasing a Founding Membership you agree to pay a discounted membership fee of $99 and membership lasts for 14 months instead of the usual 12 months.
You agree to let the gift recipient know that as a Founding Member they agree and accept that the additional benefits provided to Founding Members are for their patience because there will be a delay while 1000 Founding Memberships are sold and then for a smartphone App (“the App”) to be developed and tested.
The App is needed before Club members can obtain membership benefits. Development could take up to about 3 months after all Founding Memberships are sold.
Bonus for Signing up Friends
When purchasing your Founding Membership as a gift you can also invite up to a maximum of 4 friends to the Club, and if they become Members then the membership you purchased will receive an additional month on top of the 14 months for each friend.
In other words if you are purchasing a Founding Membership as a gift you agree to pay $99 in return for 14 months of membership, or for up to 18 months of membership if you invite 4 friends and they join the Club.
Definition of “Beer”
In this agreement “beer” means a minimum of a 285ml glass of beer (we will be offering 425ml glasses of beer initially) available on tap at the Participating Venue/Brewery. Some venues may limit the range of tap beers that members may redeem to beers that are not more than 20% more expensive than the price of an equivalent standard tap larger. A “beer” in this agreement also means a standard glass of house wine if available at the Participating Venue/Brewery.
Membership Benefits
Complimentary Beers from Participating Venues - 1 beer per day max
Members of the Club (Founding Member or general member) are entitled to one complimentary beer per day for the duration of the membership from participating licensed venues who have agreed to partner with FBC (“Participating Venues”).
Participating Venues excludes breweries who have agreed to partner with FBC (“Participating Breweries”) (see below).
So for example a 12 month membership entitles the member to a maximum of 365 complimentary beers, one per day, from any Participating Venue they choose each day. So one day they can get a beer from one Participating Venue, the next day they can get a beer from a different Participating Venue.
The number and location of Participating Venues across Australia is not guaranteed by FBC and can change on short notice. Participating Venues may withdraw from partnering with FBC if members are not supporting them by bringing friends along, purchasing meals etc.
A list of Participating Venues is available on FBC’s website www.firstbeerclub.com.au.
Complimentary Beers from Participating Breweries
The Club has partnered with some boutique breweries. Initial Participating Breweries will provide members one complimentary beer per month (for each Participating Brewery).
So at each Participating Brewery once per month members can redeem their beer there instead of a Participating Venue.
So if for example the Club has two Participating Breweries partnered then each month members can get one beer at each of those two Participating Breweries, and for the remaining days in that month they would need to go to a Participating Venue if they want a complimentary beer.
3. Discounts for Meals and other Beers
Members also enjoy the benefit of 10% off the price of a meal purchased at Participating Venues/Breweries (if meals are available at the Participating Venue/Brewery) and 10% off up to two subsequent beers purchased at Participating Venues/Breweries.
The App
Members must install and use the App to enjoy the benefits of membership.
The App will work approximately as follows (this process might change during the building process):
when the member first installs the App they will be asked to take a “selfie” picture of themselves. This will be displayed on the beer redemption screen to enable bar staff to know that the person using the App is the correct member;
the member then goes to a Participating Venue or Participating Brewery of their choice when they want a beer;
they Log In to the App and agree to give the App permission to use their phone’s GPS. We want this to know which Participating Venue/Brewery members are at, and approximately how long members stay there for - this is useful info for the Venue/Brewery;
members “check in” to the Participating Venue/Brewery on Facebook and are asked to check in their friends with them. GPS coordinates will help narrow down the options;
members show the bar staff the App who will press the redeem button and give the member a complimentary beer;
members will also be able to redeem vouchers for 10% off a meal (if available at the Participating Venue/Brewery) and 10% off their second and third beer (availability will be staggered by a countdown timer). The process of redeeming these vouchers will be the same as for the complimentary beer, by presenting the App to bar staff who will press the button to redeem it at the time of ordering.
Members’ Obligations
Members who received their membership as a gift must agree to the following:
to wait until the App is developed (could take up to about 3 months after 1000 Founding Memberships are sold) and when it is ready to install it and be used to receive the Club’s membership benefits;
to use their Facebook account to log in to the App and agree that they will “check in” on Facebook whenever you redeem a beer to promote the Participating Venue/Brewery (and to allow us to know where beers are being redeemed);
always act in utmost good faith towards the Club and Participating Venues/Breweries;
to waive their right to sue, and agree not to sue, FBC or any related entity, contractor,
employee, agent, Participating Venue, Participating Brewery, or their insurers;
to respect the decisions of bar staff in relation to the Responsible Service of Alcohol;
to adhere to all laws pertaining to the consumption of alcohol;
to not drink and drive;
to adhering to the First Beer Code and be a member of good standing within the Club;
to not have or use more than one membership.
By using the App it is deemed that the member agrees to all terms and conditions in this document. Membership benefits will only be provided to members who agree to these terms and conditions.
As a purchaser of membership as a gift you also agree to waive any right to sue, and agree not to sue FBC or any related entity, contractor, employee, agent, Participating Venue, Participating Brewery, or their insurers.
Cancelling Membership
If the number of Participating Venues drops below 10 in a state of Australia in which the Club is operating in, then members who reside in that state will be entitled to cancel their membership and obtain a pro rata refund of their last membership payment up to a maximum refund of $33. This is the only permissible way membership can be cancelled at the member’s request.
FBC reserves the right to refuse or cancel membership if any of the members’ obligations have not been adhered to. If a member has their membership cancelled then they will be entitled to a pro-rata refund up to a maximum refund of $33.
Suspension of Membership
Members can only suspend their membership If they have a medical condition which does not recommend or permit the consumption of alcohol. In this situation the member must contact us oncontact@thefirstbeerclub.com and request a suspension of their membership and the duration of suspension sought. We will permit reasonable suspension requests.
Limitation of Liability
If it is held by a court that you or the member cannot agree to waive any right to sue as outlined above, then it is agreed that if FBC is found liable to you or members in any way, be it due to any of the following: a breach of contract or contractual duty of care, negligence, breach of statute or any other duty, then it is agreed that FBC’s liability is limited to $99.
Indemnity
As a purchaser of membership as a gift you agree to fully indemnify FBC and any related entity, contractor, employee, agent, Participating Venue, Participating Brewery, or their insurers for any claim made against any of them which relates in any way whatsoever to the membership you purchased as a gift.
Customer Data
The member agrees and consents to FBC sharing their information and information relating to your attendances at Participating Venues/Breweries with them. This information may include their name and contact details, date and time of attendances, items purchased, Facebook friends checked-in, and duration of stay. They agree that their information can be used by Participating Venues/Breweries for them to send you personalised offers.