The following “Terms of Sale” apply to orders you place on this website (“Website”), which is operated by Angels Share Spirits Ltd for the brand SUM YUM (“Sum Yum”) and are to be read in conjunction with the Privacy Policy and Terms and Conditions (collectively, these terms and the Terms of Sale are referred to as the “Terms”).

By placing orders using the Website you will be deemed to agree to the Terms. If you do not agree to be bound by the Terms you must stop using and accessing the Website.

1.1.The website. The website 'sumyum.co.nz' (this website) is operated by Angles Share Spirits Limited (ASSL). ASSL provides an online platform that allows our customers to order goods (Goods) for retail stores nationwide only. This website is NOT intended for consumer use.

1.2.Terms incorporated. These sale terms (Sale Terms) apply to all orders placed on the Website, and are incorporated into every sale between ASSL (the Wholesaler) and you (the Retailer).

1.3.Terms binding. By placing orders to purchase Goods using the Website you agree to the website terms and conditions, the privacy policy and these Sale Terms (together, the Terms).

1.4.Offer and acceptance. When you submit an order for the Goods, you are offering to purchase the Goods from the Wholesaler. The Wholesaler may accept or reject that offer in its sole discretion.

1.5. Jurisdiction. The Terms are governed by the laws of New Zealand and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.

1.6. Force majeure. The Wholesaler shall not be liable for delay or failure to perform our obligations under the Sale Terms if the cause of delay or failure is beyond the Wholesaler's reasonable control including, for the avoidance of doubt, and without limitation, any delay or failure resulting from any future epidemic.

1.7. Assignment. You shall not assign, transfer or otherwise dispose of any rights or sub-contract any obligations under the Terms without the Wholesaler's prior written consent.

2.1.Register. The Wholesaler requires all Customers to register with a valid email address in order to order the Goods through a rep or via the Website. By registering you agree that the Wholesaler can contact you regarding your order through your email address.

2.2. Terms. When you make an order to purchase the Goods on the Website you understand, acknowledge and warrant that:

2.2.1. you and any person receiving the Goods (Recipient) are legally entitled to purchase and sell alcohol in New Zealand (if the Goods you purchase are alcohol), that you have a valid Liquor License and can provide sufficient evidence of that to the Wholesaler's reasonable satisfaction;

2.2.2. all information supplied by you is true and correct at the time you place an order to purchase Goods on the Website; and

2.2.3. you hold a valid Liquor License and that the Goods and are not for personal use and only for the purpose of off-premises resale.

2.3. Product restrictions. From time to time there may be quantity limits imposed on the purchase of certain Goods.

2.4. Product availability. All Goods sold are subject to their availability by the Wholesaler.

3.1. Price. Unless otherwise stated, all prices are GST exclusive. Retail prices displayed on the Website may vary to those in retail stores and are only included as a recommendation.

3.2. Dollars. Unless stated otherwise, all prices or other amounts are in New Zealand Dollars.

3.3. Price Payable. The price payable by you for a Good is the prevailing price set by the Wholesaler for that Good at the time of ordering, unless the price is changed in accordance with 3.4.

3.4 Changes in price. The Wholesaler cannot vary the price payable by you for a Good after it has been ordered unless there has been a pricing error, in which case you will have the option of cancelling the order or paying the correct price.

The wholesaler does not allow pickups. All product must be dispatched and logged from the primary storage facility.

5.1. Customer’s obligations. At the time of delivery you must provide, at your sole cost, safe and unobstructed access to the stated point of delivery.

5.2. Delivery completion. Alcohol purchases must be signed for by a person who is 18 years of age or over on delivery. You and any Recipient may be required to present sufficient evidence that they are legally entitled to purchase alcohol in New Zealand to the person or persons delivering the Goods.

5.3. Delivery and risk. Delivery and risk of the Goods pass to you when the Goods are delivered to you or the Recipient at the store location specified in the order.

5.4. Time not guaranteed. Dates and times given by the Wholesaler are estimates only and are not guaranteed. The Store will not deliver on public holidays where it is illegal to trade.

5.5. Additional charges. Any changes to the delivery date as a result of any act or omission by you may incur additional storage and delivery costs which will be determined by the Wholesaler in their sole discretion any such storage and/or delivery costs that are reasonably incurred will be payable by you.

5.6. No liability. The Wholesaler will not be liable for any failure to deliver, or delay in the delivery of, the Goods due to any cause beyond our reasonable control including, without limitation, you or the Recipient failing or refusing to accept the Goods, or you or the Recipient failing to produce evidence that you are legally entitled to purchase alcohol.

5.1.PPSA. You agree that any purchase of Goods on the Website does not constitute a security interest under s.17 of the Personal Property Securities Act 1999 and you must not register a financing statement against the Wholesaler on the Personal Properties Securities Register

6.1. Defective/Incorrect orders. If the Wholesaler has provided defective Goods or the Goods do not reflect your order, you must let the Wholesaler that you chose for delivery know within seven days of delivery.

6.2.Notice. If you allege that the Goods are defective, you must write to the Wholesaler within seven days of the date of delivery specifying the nature of the defect, breach or non-conformance.

6.3.Consumer Guarantees Act. Nothing in this section 6 limits any rights or remedies that you may have in respect of defective Goods under the Consumer Guarantees Act 1993.

7.1.General limitation. The Wholesaler will not be liable for any contingent, indirect, consequential or special losses, damages or injuries arising directly or indirectly from the Sale Terms or any performance or failure to perform the Sale Terms, whether in contract, tort, negligence or otherwise, including (but not limited to) the negligence, default or misconduct of the Wholesaler even if informed of the possibility of such damages.

7.2.Quantitative limitation. You agree that for any other obligation, breach, or liability (including the Wholesaler's employees, agents, suppliers or subcontractors) under or in connection with a supply of Goods, our maximum liability which may arise under any principle of law (including but not limited to breach of contract, tort, negligence, or under an indemnity)) shall be limited to the purchase price of the Goods to which the liability attaches.

7.3.Indemnity. You agree to indemnify the Wholesaler (including the Wholesaler's employees, agents, suppliers or subcontractors) against all losses and expenses that the Wholesaler may suffer or incur due to your failure to observe your obligations under the Sale Terms.

8.1.Payment. You must pay the Wholesaler in full and by debit or credit card (as applicable) within 14 days of the time you submit your order to purchase Goods.

8.2.Cancellation. You may not cancel your order for Goods without the Wholesaler's consent and the Wholesaler may charge a fee in respect of reasonable costs incurred by the Wholesaler concerning that order and the subsequent cancellation.

1. Privacy policy

1.1 This privacy policy (Privacy Policy) discloses the privacy practices of Angels Share Spirits Limited (ASSL, we, our or us) for anyone who visits this website (Website), and any of our social media (including on Facebook, Instagram, LinkedIn, YouTube, Twitter and Snapchat or similar) (Social Media Pages, together with our Website the Site). This Privacy Policy seeks to ensure that we comply with our obligations under the Privacy Act 2020 (Act).

1.2 ASSL agrees to notify you of:

1.2.1 the organisation collecting information from you and with whom the information may be shared; 1.2.2 what information is collected from you and how it is used; 1.2.3 what choices are available to you regarding collection, use and distribution of the information; 1.2.4 the kind of security procedures that are in place to protect the loss, misuse or alteration of information under ASSL's control; and 1.2.5 how you can correct any inaccuracies in the information.

1.3 If you feel that we are not abiding by this Privacy Policy, please contact us at hello@sumyum.co.nz

2. The organisation collecting information from you and with whom the information may be shared

2.1 Collection. ASSL is the sole entity which holds the information collected from you on the Site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We may disclose or share your information with third parties in the following circumstances:

2.1.1 Website orders. We may share your information with the relevant logistics company when you purchase goods (excluding gift cards) on the Website. 2.1.2 With your consent. We may share your information with third parties when you have provided your consent or requested us to do so. 2.1.3 Third party service providers. We may share your information with companies who provide us services (such as information processing and promotion registration) so that we can administer the Site. 2.1.4 Commercial partners. We may disclose your personal details to our commercial partners where you have consented or requested us to do so. For example, when we organise promotions jointly with a partner, where you have entered a competition or requested to receive marketing communications. You will be given clear information in each circumstance. 2.1.5 Legal purposes. Where it is legally required by a third party or law enforcement authority in any jurisdiction (in which case we will generally require a production order or similar court order unless necessary to prevent or lessen a serious threat to public health or public safety or the life or health of you or someone else), and including reporting data breaches to affected individual(s) and the Privacy Commissioner where required by the Act. 2.1.6 To enforce our rights, prevent fraud and for safety. To protect and defend our rights, property or safety or that of third parties, including enforcing our Privacy Policy, the Terms and Conditions of the website, the Sale Terms and any Terms Of Use, or in connection with investigating and preventing fraud or other suspected illegality or security issues. 2.1.7 To protect the Site. Where it is needed to detect, prevent or address fraud, security or technical issues. 2.1.8 Business sale. In the event we sell our business we may disclose your information to the prospective buyer. If substantially all of our assets are acquired by a third party, your information will be one of the transferred assets. 2.1.9 Aggregated or de-identified information. We may disclose or use aggregated or de-identified information for any purpose. For example, we may share aggregated or de-identified information with business prospects or partners.

3. What information is collected from you and how it is used

3.1 Information. We collect information from our users at several different points on our Site, including information you provide to us on the Site. 3.2 Registration. No registration is required in order to use the Website, however you will be asked to confirm that you are 18 years of age or over before accessing the Website. 3.3 Ordering Gift Cards. If you purchase a gift card through the Website you must provide a valid email address and contact information (like name and delivery address) and financial information (credit or debit card number, expiration date, billing address, and billing phone number). If we have trouble processing an order, this contact information is used to get in touch with you. This information is taken in a secure area, is encrypted for your protection, and is not sold or shared with anyone else under any circumstances. 3.4 Website orders. If you purchase goods from the Wholesaler through the Website you must provide a valid email address, contact information (like name and delivery address) and financial information (credit or debit card number, expiration date, billing address and billing phone number). This information is taken in a secure area, is encrypted for your protection, is not sold but is shared with the relevant retail store selected by you. All purchases made from a retail store are made in accordance with our sale terms, which you can view in the Sales Terms. 3.5 Cookies. A cookie is a piece of data stored on the end-user's hard drive containing information that relates directly to the end-user's visit to our Website. Any information placed in the cookie is accessible only to ASSL, and will not be sold or shared with anyone else under any circumstances. We use a cookie to store a unique session identifier, and this allows us to maintain your shopping cart and state selection from one page request to the next. We are also able to maintain your session information from one visit to the next. By setting a cookie on the Website, the user would not have to log in more than once, thereby saving time while on the Website. If a user rejects the cookie, they may still browse the Website, but the user will be unable to log in or make a purchase. Cookies also enable us to track and target the interests of our users to enhance the experience on the Website and show you the products that your order history indicates you prefer. 3.6 Google Analytics. Our Website uses Google Analytics, a web analytics service provided by Google, Inc. (Google). Google Analytics uses "cookies", which are text files placed on your computer, to help us analyse how users use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compile reports on Website activity for us and providing other services relating to Website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Website and your use of our services will be impaired. By accessing the Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. 3.7 Log Files. We use IP addresses to analyse trends, administer the Website, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. 3.8 Promotional emails. If a user wishes to subscribe to our promotional emails, we ask for contact information such as name and email address. Every email that we send provides you with the opportunity to unsubscribe from the promotional emails service. 3.9 Surveys & Competitions. From time-to-time our Site requests information from users via surveys or competitions. Participation in these surveys or competitions is completely voluntary and the user therefore has a choice whether or not to disclose information. Information requested may include contact information (such as name and delivery address), and demographic information (such as geographic region, age level). Contact information will be used to notify the winners and award prizes. ASSL may use this information for marketing opportunities if authorised by the registrant, and will also be used for purposes of monitoring or improving the use and satisfaction of the Site. 3.10 Information about minors. Our services do not address, and we do not knowingly collect information from, people under the age of 18. 3.11 Retention. We retain your information for as long as it is needed to be able to provide our services to you. 3.12 Personal information. If you do not wish to provide us with personal information, we will be unable to properly provide our services to you.

4. Security procedures

4.1 Security of data. We have taken and will take steps to ensure personal information we hold about you is protected from risk such as loss, unauthorised access, or use, destruction, modification or disclosure. No data transmission over the internet is totally secure. As a result any personal information you send to us over the Internet (including via email) is sent at your own risk. 4.2 Sensitive information. When our order form asks users to enter sensitive information (such as a credit card number), that information is encrypted and is protected with – Payment Express, security software provided by 'Stripe'. While on a secure page such as our payment page, the lock icon on the bottom of Web browsers such as Chrome, Firefox, Safari and Microsoft Edge becomes locked, as opposed to unlocked, or open, when you are just 'surfing'. 4.3 Access to information. While we use DPI encryption to protect sensitive information online, we also do everything in our power to protect user-information offline. All of our users' information, like the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information. If one of these people leaves their workstation, they are required to lock their station until they return. Furthermore, all employees are kept up to date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a locked and secure environment. 4.4 Questions. If you have any questions about the security at our Website please contact us at hello@sumyum.co.nz

5. Privacy Breaches

5.1 What is a privacy breach? A privacy breach occurs where there is an unauthorised or accidental access to, or disclosure, alteration, loss, or destruction of, personal information held by us or an action that prevents us from accessing personal information on either a temporary or permanent basis. 5.2 Notifiable privacy breach. If we learn of a privacy breach involving personal information we hold, we will assess whether the privacy breach is likely to cause serious harm to an affected individual or individuals. If our assessment finds that the privacy breach has caused serious harm to an affected individual or individuals, or is likely to do so, we will notify the individual or individuals and the Privacy Commissioner within the timeframes prescribed by the Act.

6. How you can correct any inaccuracies in the information

6.1 Correction of information. Subject to certain grounds for refusal set out in the Act, you have the right to request confirmation from us that we hold information about you, and a copy of such information. You are also entitled to request the correction of the information we hold about you. 6.2 Request for correction. If you would like to exercise either of these rights, please contact us at [contact us] on the Website. Your request should provide evidence of who you are and the details of your request (e.g. the information, or the correction, that you are requesting).

7. General

7.1 Changes. We reserve the right to alter, change or modify this Privacy Policy at any time. 7.2 Notification of changes. If we decide to change our Privacy Policy, we will post those changes on our Website so our users are aware of what information we collect, how we use it, and under what circumstances, if any, we may disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this new manner. We will use information in accordance with the Privacy Policy under which the information was collected. 7.3 Jurisdiction. This Privacy Policy will be governed by and construed in accordance with New Zealand law. 7.4 Contact us. If you have any questions, concerns or complaints in relation to the Site or the Privacy Policy please contact us at hello@sumyum.co.nz

1. THE WEBSITE

1.1 The website. Thank you for visiting www.sumyum.co.nz (Website) which is operated by Angels Share Spirits Limited (ASSL). ASSL provides an online platform that allows retailers to purchase wholesale goods from the Wholesaler nationwide. These terms and conditions of use of the Website (Terms and Conditions) form a contract between you and ASSL. If you order or purchase goods using this website, that contract is between you and the ASSL. ASSL has no liability whatsoever in respect of those goods or their supply. These Terms and Conditions should be read in conjunction with the Privacy Policy, and the Sales Terms between you and the Wholesaler in respect of any purchases you make (together the Terms). 1.2 Right to use. You must be 18 years of age or over to access, browse and use the Website. When you visit the Website you irrevocably agree to these Terms. If you do not agree with any of the Terms, you must stop using the Website. You may access, view and print the content on the Website only for informational and non-commercial purposes. No part of the Website may be distributed or copied for any commercial purpose. ASSL reserves the right to restrict or terminate your access to the Website at any time. 1.3 Intellectual property. All right, title and interest in all intellectual property relating to ASSL and its affiliates on the Website, including, without limitation, text, graphics, data, goods pricing information, images, logos, trademarks, trade names and copyright is owned or licensed by ASSL and its affiliates. You are expressly prohibited from reformatting, reproducing, reselling or copying, by manual, or automated means such as scraping, any information, data or other material from this Website other than as strictly necessary to view the Website and make any order of goods from the Wholesaler. 1.4 Changes to Website. ASSL reserves the right to alter, suspend or remove the Website temporarily or permanently, at any time, or to deny you access to the Website for any reason and without notice. 1.5 Changes to Terms. ASSL reserves the right to alter, change or modify the Terms at any time. If ASSL decides to change the Terms, ASSL will post these changes on the Website so that users are aware of the changes. By continuing to access the Website you agree to be bound by the amended Terms.

2. THIRD PARTY SITES & HYPER-LINKING

2.1 Third Party Sites & Hyper-linking. All links and references to other websites, are provided for your convenience only, and should not be taken as endorsement by ASSL of those websites, the information contained in those websites, or of organisations or people referred to in those websites. If you have any comments or questions relating to any websites linked to the Website, please direct them to the relevant person or organisation. ASSL does not (whether by implication or otherwise) endorse in any way any website, organisation or person who may have off-site links to the Website.

3. WARRANTY AND LIMITATION OF LIABILITY

3.1 Warranties. While ASSL uses reasonable efforts to make sure that all information on the Website is current and accurate, ASSL makes no warranty that information is up to date, accurate and correct. Further, ASSL accepts no liability for any such erroneous information other than as required by consumer laws in New Zealand. 3.2 Limitation of liability. Other than as required by consumer laws in New Zealand, ASSL will not be liable for any loss, including but not limited to, loss suffered caused by viruses, spyware or other similar software that may infect your computer equipment or other property from your use of, access to or downloading of any material from the Website. ASSL has no liability in respect of any goods you may purchase from a retail store using this Website, or their supply.

4. GENERAL

4.1 Severability. If any provision or part-provision of these Terms and Conditions is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions. 4.2 Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms and Conditions or their termination. 4.3 Privacy. Please refer to the Privacy Policy 4.4 Customers. Please refer to the Sales Terms 1-8. 4.5 Contact ASSL. If you have any questions, concerns or complaints in relation to the Website or these Terms and Conditions please contact ASSL at hello@sumyum.co.nz