TERMS AND CONDITIONS

Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

  1. Definitions
    1. Products means any products offered for sale on Our Website
    2. the Website means wineArt.com.au
    3. We / Us means wineArt gallery and any subsidiaries, affiliates, employees, officers, agents or assigns.

 

  1. Accuracy of Content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

  • Terms of Sale
    • By submitting your order
    • You agree to purchase the products specified in your order for the price specified in your order on these terms and conditions
    • You acknowledge that you have read, understood and agree to these terms and conditions.
    • Your order will be accepted on you verifying that you are at least 18 years old.
    • You acknowledge that it is an offence for a person under the age of 18 years to purchase, or attempt to purchase, liquor and penalties will apply.
    • You confirm that all the details you have provided are correct.
    • WineArt Gallery reserves the right not to process your order for any reason, including, but not limited to, if

a  payment has not been received

b  you are not at least 18 years of age

c  it causes a breach of our responsible service of alcohol policies

  • your order would breach any liquor licensing laws.

 

  • Discounts
    • We reserve the right to discontinue any discounts or offers for any reason and amend the terms on which a discount or offer can be redeemed at any time.
    • Promotional vouchers, discounts or offers cannot be

a  used in conjunction with one another;

b  Redeemed for cash; or

c  Used more than once.

 

  • Disclaimer in relation to website
    • You acknowledge that, despite all reasonable precautions on the part of wineArt Gallery its website cannot be guaranteed to be error free, uninterrupted, timely or secure.
    • To the full extent permitted by law, wineArt does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the website or any linked website, including (without limitation) any such loss arising out of your use of or reliance on information contained on, or accessed through, the website.
    • You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.

 

  • Intellectual property rights
    • All intellectual property rights in the website (including text, graphics, logos, icons, sound recordings and software) are owned by (or licensed to wineArt gallery.
    • You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these terms and conditions):
      • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any works or other subject matter or any part of the website generally; or
      • commercialise any works or other subject matter, information, products or services obtained from any part of the website; without wineArt’s written permission.
      • All brand, product and service names used in the website are the trade marks of wineArt or third parties who have licensed wineArt to use their trade marks. You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trade marks for accessing, viewing and/or interacting with the website for your own personal and non-commercial use.
      • Unless we agree otherwise in writing, you are provided with access to the website only for your personal use. You are authorised to print a copy of any information contained on the website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without wineArt’s written permission on-sell information obtained from the website.

 

  • Termination of access

Access to the website may be terminated at any time by wineArt without notice. Any limitation of liability will survive any such termination.

 

  • Security of information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst wineArt strives to protect such information it does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

  • Privacy Notes

We will comply with the terms of our privacy policy, which can be found here and you consent to the terms of that privacy policy.

 

  • Miscellaneous
    • These terms of use are governed by the laws in force in NSW, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
    • If anything in this document is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of this document remains in full force and effect in all other jurisdictions.

 

  • Consent
    • By using our website you are agreeing to these terms of use. We reserve the right to modify our terms of use as our business needs require. We will post such changes on our website, after which, your continued use of the website or your continued dealings with us shall be deemed to be your agreement to the modified terms.
    • The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
    • You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
    • You agree that you will not use, nor will you allow or authorize any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
    • If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Products offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
    • We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

 

  • Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

 

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitor’s fees of every kind and nature incurred by you or any third parties through you.

 

  • Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at info@wineart.com.au.

 

  • Trademarks
  • The trademarks and logos contained on this Website are trademarks of wineArt gallery. Use of these trademarks is strictly prohibited except with Our express, written consent.

 

  • Links to external websites
    • This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
    • You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

 

  • Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

 

  • Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

 

  • Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

 

  • Governing Law
    • These terms and conditions are governed by and construed in accordance with the laws of NSW, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in NSW
    • We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.