TERMS AND CONDITIONS

All users of this site agree that access to and the use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

This website is owned and operated by Wine Resources International Pty. Ltd. (ABN 82096225768) hereafter referred to as ‘Wine Resources’. By using this website and accessing the information, resources, services, products, and tools we provide, you acknowledge you have read, understood and agree to accept and adhere and be bound to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’). If you do not agree you may not use this website.

This agreement is in effect as of February 25, 2023 and we reserve the right to change this User Agreement from time to time without notice.

You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. You represent and warrant to Wine Resources that you are at least 18 years of age.

TERMS OF WEBSITE USE

Wine Resources may publish or make available on the wineresources.com.au website (hereafter referred to as ‘Wine Resources Site’) information, advertisements, product and service offers, wine data, wine recommendations and reviews, software and links supplied by Wine Resources and other third parties.

While Wine Resources takes care to ensure that content on the Wine Resources Site is correct, current and free from errors, Wine Resources does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of:

• any content published on the Wine Resources Site;

• any content published on any site that links from and to the Wine Resources Site; or

• any information received by you resulting from the use of the Wine Resources Site.

Furthermore Wine Resources does not provide any warranty in relation to any goods or services advertised for sale on the Wine Resources Site by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended or owned by the seller.

If Wine Resources suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to pay Wine Resources the amount of any such loss, damage and costs.

RESPONSIBLE USE AND CONDUCT

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree these Resources are provided for your personal and non-commercial use as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

1. The Resources made available on the Wine Resources Site are provided as general information only. Wine Resources does not warrant that the Resources are professional, expert or other and the Resources on the Wine Resources Site or linked third party sites:

• may not be appropriate, correct or sufficient for your needs and circumstances;

• should not be relied on as the only reason you do or don’t do anything;

• may not be continually accessible or free from errors or viruses.

2. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, credit card information etc.) as part of the registration or sales process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

3. You are responsible for maintaining the confidentiality of any login information and passwords associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

4. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

5. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

6. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use without our prior written consent, The following are strictly prohibited:

• Linking to a third party website

• Attempting to modify, copy, duplicate, reproduce, transmit, distribute, publish, sell, trade, or resell our Resources

• Create any website or publication by the using the Resources on the Wine Resources Site;

• mirror or frame any website or page within the Wine Resources Site

• use any automated process of any sort to query, access or copy any Resources on the Wine Resources Site or generate or compile any document or database based on the Resources published on the Wine Resources Site; or

• Sell or transfer any goods, services or Resources offered on the Wine Resources Site without the written approval of Wine Resources.

7. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

8. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to post or submit any type of content on the Wine Resources Site, and to sellers, advertisers and other users of the Wine Resources Site, then it is your personal responsibility to use these tools in a responsible and ethical manner.

By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

• is incorrect, misleading or deceptive;

• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

• Infringes on any trademark, patent, trade secret, copyright, privacy rights or proprietary right of any party;

• Contains any type of unauthorized or unsolicited advertising;

• Is used to conduct, forward or link to surveys, contests or chain letters;

• Impersonates any person or entity, including any Wine Resources employees or representatives.

Furthermore you represent and warrant to Wine Resources that:

• you are fully authorised to publish and to authorise Wine Resources to publish all content you submit on our site;

• publication of content posted or submitted by you in accordance with this User Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any other party or person;

• you have the ability to grant the content licence granted above;

• all content you post on the Wine Resources Site or submit to Wine Resources will, at all times, comply with all applicable laws, regulations and relevant industry codes;

• you have obtained the consent, of all individuals whose personal information is included in the content you post on the Wine Resources Site or submit to Wine Resources to:

• the collection of that personal information by Wine Resources;

• the use and disclosure of that personal information in accordance with Wine Resources’ Privacy Policy;

• all Content you post on the Wine Resources Site or submit to Wine Resources will be current and accurate, and will not mislead or deceive end users of the Wine Resources Site.

9. We have the right at our sole discretion to refuse to post, edit, remove or delete any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks.

We are not responsible for any delay or failure in removing such content. If you post content that we choose to edit, remove or delete, you hereby consent to such modification and its removal, and consent to waive any claim against us.

10. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Wine Resources, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, modify, delete, adapt, translate, publish, publicly display and/or distribute and sub-license as we see fit.

This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration and sales process, necessary in order to use our Resources. All information provided as part of our registration and/or sales process is covered by our privacy policy.

11. You agree to indemnify and hold harmless Wine Resources and its affiliates, their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.

We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

THIRD PARTY CONTENT

If the website displays material sourced from a third party (including advertisers, suppliers of wine, wine writers or consumers of wine), Wine Resources does not warrant or represent the accuracy, reliability or other characteristic of that material.

THIRD PARTY LINKS

This website contains links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or implied, any endorsement by Wine Resources of the site or the products or services provided at those sites.

You access those sites and use the products and services made available at those sites solely at your own risk.

EMAIL A FRIEND

Where Wine Resources allows you to email a friend:

• you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Wine Resources, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the Spam Act 2003 (Cth).

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

• the use of our Resources or Products will meet your needs or requirements.

• the use of our Resources will be uninterrupted, timely, secure or free from errors.

• the information obtained by using our Resources will be accurate or reliable, and

• any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

• or the server(s) that makes the website available is free of viruses or other harmful elements.

Furthermore, you understand and agree that:

• any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

• no information or advice, whether expressed, implied, oral or written, obtained by you from the Wine Resources Site or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

Except where to do so would cause any part of these Terms and Conditions to be illegal, void or unenforceable, In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Wine Resources will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Furthermore as a visitor to Wine Resources Site, you agree to indemnify, defend and hold harmless each of Wine Resources. Its officers, affiliates, employees, agents, suppliers and representatives, from and against any and all losses, expenses, damages, costs, claims and liabilities (including any and all solicitors fees) that may arise from any activity related to the visitor’s account (including negligent or wrongful conduct) by the visitor or any other person accessing the website using the visitor’s Internet account.

COPYRIGHTS/TRADEMARKS

All content and materials available on the \Wine Resources Site, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Wine Resources or its content suppliers, and are protected by the Commonwealth of Australia Copyright Act 1968 and other international copyright laws.

This excludes property in which the rights of third parties are expressly identified on this site.Other product brands, company names and logos displayed on the website may be registered business names, company names or registered trademarks of Wine resources or the respective product/service owner or provider. These may be protected by Australian and other international trademark law and any inappropriate use, including, but not limited to the modification, reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Wine Resources.

You acknowledge and agree that nothing in this User Agreement constitutes a transfer of any intellectual property rights.

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

You may cease to use the Wine Resources Site at any time in your absolute discretion.