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Wine People Pty Ltd (ABN: 41 105 657 154) (The Australian Wine), whose registered office is Level 6, Suite 6.01, 1 Oxford Street, Darlinghurst NSW 2010 and The Australian WinePty Ltd are both members of the UK based Direct Wines Ltd.
These Terms and Conditions of Website Use (Terms) apply if you want to use our website (www.theAustralianwine.com.au). These Terms should be read alongside and are in addition to our Terms and Conditions of Sale and our Privacy Policy.
These Terms apply to The Australian Wine (collectively, The Australian Wine, we, us, our) in respect of each company's operations.
Please read these Terms carefully before using the website and print and keep a copy of them for your reference. We may change the content of the website from time to time, including the Terms. By using the website (by whatever means or device) you agree that you have read, understood and accept these Terms (as amended from time to time). If you do not agree to be bound by these Terms, you may not use or access the website.
1. Use of the Website
To comply with licensing and other legislation, the website is only available to those aged 18 years and over. By using the website, you agree that you are aged 18 or over. If you are not, you must not use the website. We will ask you to enter your date of birth before making any purchases.
You agree to use the website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the website.
Access to the website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the website without notice.
You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your Internet connection are aware of these Terms and that they comply with them.
2. Your Account on the Website
Some areas of the website may require you to register an account with us in order to use the services or purchase products. By registering you agree that:
3. User Comments and Content on the Website
You may post reviews, ratings, messages, comments and other content which may be disclosed, submitted or offered to us on or through the website or otherwise (Submissions).
This right is extended on condition that the Submissions are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of Intellectual Property rights, or otherwise injurious to third parties, or objectionable. Specifically, Submissions should not include software viruses, malware, political campaigning, commercial solicitation, chain letters or mass mailings. You are solely responsible for your Submissions. We reserve the right, but not the obligation, to remove or edit any Submissions.
If you disclose, submit or offer any Submissions, unless indicated otherwise, you:
These Terms also govern any Submissions you make on any of our related third party websites or pages such as our Facebook page, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of us or our employees and we are not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and the third party social networking sites' terms of use, as applicable.
4. Intellectual Property Rights
In these Terms, Intellectual Property means statutory and other proprietary rights in respect of trademarks, patents, circuit layouts, copyright, confidential information and all other rights with respect to intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967.
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks and any other present and future Intellectual Property rights and rights in the nature of Intellectual Property rights existing in and to the website including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such Intellectual Property rights.
Any use (including copying, reproduction, duplication, transmission, or display of the content of the website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
Permission is granted to electronically copy, and to print in hard copy, portions of the website for the sole purpose of placing an order with us or using the website as a shopping resource.
5. Privacy and data protection
We collect and process information about you in accordance with our Privacy Policy. By using the Sites you consent to such collection and processing and you warrant that all data provided by you is accurate.
6. Limitation of Liability
We have taken all reasonable care in the preparation of the content of the website. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the website or their contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the website and content on the website is entirely at your own risk. The website is provided ‘as is’ and ‘as available’. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the website.
Information transmitted via the website will pass over public telecommunication networks. We make no representation or warranty that the operation of the website will be uninterrupted or error free and we will not be liable to you if for any reason the website are unavailable at any time or for any period or if there are any errors. The website may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.
You warrant and represent that you have not relied on any term, undertaking, inducement or representation made by, or on behalf of, The Australian Wine which has not been expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in these Terms excludes or limits The Australian Wine’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and The Australian Wine’s liability is limited to the maximum extent permitted by law.
The Australian Wine excludes, to the maximum extent permitted by law, all (direct and indirect) or consequential liability that may arise as a result of your use of, or inability to use, the website; or your use of or reliance on any content displayed on the website, however arising under any theory of liability, including negligence.
The Australian Wine excludes, to the maximum extent permitted by law all implied rights, remedies, guarantees, conditions and warranties of or in favour of you or a third party in respect of your use of the website and in particular, if any term, condition or warranty is implied into these Terms and cannot be excluded, then warranty will be limited as determined by The Australian Wine in its sole discretion to:
The Australian Wine limits its aggregate liability under or in connection to the supply of specific goods and services under these Terms to the GST exclusive aggregate price paid by you for the specific goods or services that gave rise to the liability.
Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.
7. Indemnity
You must indemnify The Australian Wine against any claims, complaints or liabilities of any nature arising out of or in connection with your breach of these Terms or any negligence, reckless or wilful act or omission by you or any person you are responsible for with respect to any non-compliance with laws and regulation or the violation of the rights of any third party.
8. Termination
We reserve the right to suspend your use of the website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the website and/or your account with us with immediate effect if you breach any of these Terms.
9. Contact us
If you have any questions regarding use of the website or any general enquiries please do let us know by:
Email: customerservice@theAustralianwine.com.au
Post: The Australian Wine Customer Service, PO Box 665, Strawberry Hills NSW 2012 Phone: 1300 362 629
10. General
Amendments
We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the websites. By continuing to use the websites, you agree to be bound by the Terms and any updates and amendments.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
Severability
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, that part is taken to be deleted from the Terms and will not affect enforceability of the remaining provisions.
No Waiver
The failure or neglect by The Australian Wine to enforce any of its rights under these Terms will not be deemed to be a waiver of those rights.
Assignment
We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms without our prior written consent.
Whole Agreement
These Terms, the Terms and Conditions of Sale and the Privacy Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
---------------------Last Updated: 7 September 2016
