Terms and Conditions of Use

Introduction

This website and its contents are owned by Australian Vintage Limited (ABN 78 052 179 932) of 275 Sir Donald Bradman Drive, Cowandilla SA 5033 (referred to as 'we' or 'us' below).

The use of this website is governed by these terms and conditions of use, as amended by us from time to time. Every time you use this website, you acknowledge to us that you have read and understood these terms and conditions and agree to be bound by them. If you do not agree with any part of these terms and conditions, you must not access or use the website.

 

Age Requirement

You may only access and use this website if you are aged 18 years or over or are otherwise over the legal drinking age in your country of residence. You must immediately exit the website if you do not meet these requirements.

 

Intellectual Property & Restrictions on Use of Content

Unless expressly stated otherwise, all intellectual property rights associated with this website and its content (including, but not limited to, names, trademarks, logos, photographs, videos, text and other copyright-protected material, and all other intellectual property rights) are owned by us and/or our subsidiaries. You must not use that intellectual property in any way whatsoever, except as expressly permitted by us and/or our subsidiaries in writing, or by applicable law.

 

Transactions on our Website

If you use this website to purchase goods from us, you may be required to open an account and create a username and password. Your account username and password details must be always kept confidential and secure. You must not allow any other person to use your account, including any person under the age of 18 years. You are solely responsible for all activity that occurs on your account and must notify us immediately if you become aware of any unauthorised access to or use of your account. Our Terms and Conditions of Sale govern any purchases you make from this website, and are incorporated into these terms and conditions by reference.

 

Saved Credit Card Details

If you create an account, you may choose to securely save your credit card details with us for a more convenient shopping experience. Your credit card details will be saved using Secure Sockets Layer (SSL) technology and encryption to increase safety. For your protection, we don't display your full credit card details, and you can update or remove your nominated credit card at any time.

 

User Content

You acknowledge that you have full responsibility for any content (including any statements, suggestions, ideas, graphics, photos or any other material) you send to us, or post to this website. Such user content will remain your property but will not be treated as confidential and may be used by us in any way whatsoever in the future, including in any advertising, even if you subsequently remove it from the website. By submitting content to us, you grant us a non-exclusive, worldwide, perpetual, fee-free, royalty-free, irrevocable and transferable licence to use that content in any way without compensation or credit to you, and irrevocably consent to the modification, adaptation, reproduction, alteration and exploitation of your user content for any purpose and in any media (now known or developed in the future)including but not limited to the reproduction, publication, communication to the public and adaptation of the content and any works derived from it.

You agree not to use this website to post any of the following:

• content that you do not have the right to post, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity;
• content that is unlawful, offensive, abusive, threatening, harassment of any person, defamatory, discriminatory, false or misleading or otherwise objectionable;
• advertising or promotional materials of any kind; or • content that contains software viruses or anything harmful to this website or its content.

 

Please notify us if you become aware of any misuse of the website, or breach of these terms and conditions, by any person.

We reserve the right, in our absolute discretion, to edit or remove any user content from this website at any time, for any reason. Please note that you are solely responsible for your interaction with other users of this website, and that we are not under any obligation to become involved in any way in any disputes between you and other users.

 

Personal Information & Privacy

Any personal information submitted by you on this website is governed by our privacy-policy and the Privacy Act 1988 (Cth), as amended from time to time. Our Privacy Policy is incorporated into these terms and conditions by reference.

Please note that we may collect non-personal information about you, such as your IP address and browser type, which will be used for any purpose which we determine in our discretion, which may include security purposes, and to monitor usage of, and manage and improve, the website.

 

Cookies

We may from time to time use cookies in connection with the website, for purposes such as storing user preferences, authenticating sessions and to customise material (including third-party advertising material) that is made available. If you set your computer to block all cookies, you may restrict your access to certain features of the website. For more information on the cookie settings of your internet browser, please refer to your browser's manual.

 

Items for Download

From time to time, certain materials (such as software and related digital materials) may be expressly made available by us for downloading from the website. The use of any items downloaded from this website is entirely at your own risk. Unless stated otherwise, we grant to you a personal, non-transferable, and non-exclusive licence to use the relevant items for your own personal use. You must not commercialise, copy, communicate to the public, modify, reverse engineer or otherwise exploit or transfer or purport to transfer any right in such materials.

 

Links to Third Party Sites

There may be links to other websites or advertisements of goods and services available from other parties on our website. We are not responsible for those websites, their content, or the goods and services available on them. You click on any links at your own risk and should read the terms and conditions of any third-party websites you visit.

 

Competitions and Promotions

This website may contain promotions in relation to our products or those of third parties. The terms and conditions for those promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion, you agree to be bound by the relevant terms and conditions applying to that competition or promotion, which are incorporated into these terms and conditions by reference.

 

Amendments

We reserve the right to amend these terms and conditions. It is your responsibility to check these terms and conditions on each occasion that you use the website to ensure that you are aware of any amendments we have made. The revised terms and conditions will be published on the website. Any amendments to the website will only be effective from the date the revised terms and conditions are published on the website, or any future date we specify. If you do not agree to the amended terms and conditions, you must immediately cease using the website and, if applicable, close your website account. Your continued use of the website will constitute acceptance of the amended terms and conditions.

 

Disclaimer

We will take all reasonable steps to ensure that this website is accurate. However, the website and its contents are provided on an "as is" basis, and we are not responsible for any problems, failures, or technical malfunctions of any telephone networks, online systems, servers, providers, equipment or other item related to access or use of the website. We reserve the right to revise the content of, or withdraw access to, this website at any time without notice or liability to you.

To the maximum extent permitted by law, all warranties and guarantees in respect of this website, the information contained in it and the products made available for sale through it, are excluded (including but not limited to warranties or guarantees of acceptability of quality, merchantability or fitness for purpose). We (including our subsidiaries) are not liable for any loss or damage which you may suffer as a result of using this website, to the full extent permitted by law. Without affecting the foregoing, to the extent legally permitted our liability to you in respect of any cause of action whatsoever will at all times be limited to AU$100.

Despite the foregoing, we acknowledge that applicable laws and regulations (including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) may imply certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified (Non-Excludable Guarantees). We do not exclude, restrict or modify the Non-Excludable Guarantees, and nothing in these terms and conditions is intended or is to be construed as doing so. Accordingly, nothing in these terms and conditions affects any remedies available to you at law which cannot be lawfully excluded by us, including any of the Non-Excludable Guarantees which may be applicable.

 

Indemnity

You agree to indemnify and hold us, our subsidiaries and our officers, agents, partners and employees (those indemnified) harmless, from and against any loss (including legal costs and expenses on a solicitor/own client basis) or liability incurred or suffered by any of those indemnified in relation to any claim, suit, demand, action or proceeding by any person against any of those indemnified arising from your use of the website or any breach by you of these terms and conditions.

 

Termination

These terms and conditions remain in force for so long as you access the website.

We reserve the right to delete any account you create, and restrict, suspend or terminate your access to any part of the website, if we consider on reasonable grounds that you have breached any part of these terms and conditions or pose a threat to us or any of our subsidiaries, or other users or the public generally.

You can at any time choose to deactivate your account with us and stop visiting the website.

 

General

These terms and conditions are governed by the laws of South Australia, Australia. You submit to the exclusive jurisdiction of the Courts of South Australia in respect of all matters arising from or connected to these terms and conditions.

Every provision of these terms and conditions is independent of the other. Any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.

You expressly agree and acknowledge that you are not authorised or permitted to bind us in any way whatsoever in relation to any contract or agreement with any third party.

You agree that you will do all things necessary to give full effect to these terms and conditions and any transactions contemplated by them.

You acknowledge our right to take action against you to prevent a breach of these terms and conditions and further acknowledge that damages may not be an appropriate remedy in those circumstances. You also acknowledge that our failure to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision.

These terms and conditions, including the documents incorporated by reference, constitute the entire agreement between you and us regarding your access and use of the website, and are accepted by you upon your use of the website and are further affirmed if you create a user account.