This website is operated by Australian Wine Classics Pty Ltd ABN 49 152 274 747. Throughout the site, the terms “we”, “us” and “our” refer to Australian Wine Classics Pty Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Any product containing alcohol offered for sale on this site is sold by Australian Wine Classics Pty Ltd. Licence No. 51404859. In Australia it is against the law for anyone to sell or supply alcohol to a person under 18 years of age. If you purchase on this site you represent that you are 18 years or older. Products containing alcohol cannot be shipped to a PO Box and can only be shipped to a street address, and they must be signed for on delivery.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Australian Wine Classics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Australian Wine Classics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Australian Wine Classics Pty Ltd ABN 49 152 274 747 (‘Australian Wine Classics’ or ‘we’ or ‘us’ or ‘our’) is bound by the Privacy Act 1988 (Privacy Act) regarding the manner in which we collect and handle your personal information and how we respond to your requests to access and correct it.
‘Personal information’ is information about an identifiable individual, as defined by applicable law. We are committed to protecting the privacy of any personal information we hold about individuals in accordance with the applicable laws. As such, we only collect personal information where it is reasonably necessary for us to do so in performing our statutory functions and related activities.
This policy explains how we collect and handle your personal information and how we respond to your requests to access or correct it. In addition, this policy sets out the rights and obligations of both you and Wine Australia in relation to the handling of your personal information.
This policy forms part of our Terms and Conditions for use of this website, which you should also read. Privacy statements in relation to this website and in relation to calls received by us are also incorporated into this policy.
2. The kinds of personal information we collect
In conducting our statutory role and associated activities, we may collect and hold personal information about a range of people, including:
- those participating in, accessing or signing up to any of our services, events, activities or online content such as newsletters or competitions;
- our suppliers, business associates and their employees;
- current, former and prospective employees and contractors;
- third parties whom we work closely with such as sub-contractors, consultants, marketing and advertising agencies; and
- other persons that we come in contact with.
- The types of personal information we collect and hold will depend on the nature of your dealings with us and may (but does not always) include:
- your name, gender and date of birth;
- your personal and/or work contact details;
- any information about you which you provide through promotions, competitions or customer surveys;
- your contact information – including postal and residential address, telephone and facsimile numbers and email addresses;
- information provided by you to us via our wine export approval system;
- information about your occupation, business or employer;
- your credit card or account details (during the course of conducting financial transactions with you);
- Australian Business Numbers (which are only used in accordance with the Privacy Act); and
- your opinion on issues relating to the wine sector.
If necessary, we may also ask you to provide it with additional personal information from time to time, including when you call us.
You have a general right to anonymity/pseudonymity when dealing with us. However, if you do not provide us with the personal information that we request, our ability to provide services to you may be diminished.
4. Cookies and IP addresses
5. How we collect personal information
We collect personal information in the following ways:
- when you access or request information from our website;
- when you participate in a competition or trade promotion conducted by us or one of our related companies;
- from you in person at trade shows, road shows, seminars and events;
- through social media sites, apps and e-commerce platforms;
- in other correspondence with you or your agents, employees or subcontractors;
- when providing information to you when you call us;
6. Information we may collect from others
Occasionally, we may collect your personal information from someone else (for example, sometimes we use agents or service providers to collect personal information for us). We may also acquire lists from other sources, both from companies or public documents. If we collect personal information about you from a third party, we will, where required, take reasonable steps to ensure that you are notified or aware that we are holding personal information about you, how we will use and disclose it, and that you may contact us to correct and update the information.
7. How we hold personal information
We will generally hold personal information in physical records, on our information management system or on mailing lists. In some cases we may hold records on third party servers which may be located overseas.
We take reasonable steps to hold all hard copy and electronic records of your personal information in a secure manner to ensure that it is protected from misuse, interference and loss, and unauthorised access, modification or disclosure.
8. How we use personal information collected from you
We collect, use and exchange your information for the purpose of:
- performing our statutory functions;
- managing our relationship with you;
- responding to your enquiries;
- where you have given us your consent (express or implied), providing you with (or permitting selected third parties to provide to you with), information on services, events and activities run by Australian Wine Classics;
- administering events and competitions;
- analysing and improving the services (and content) we offer and the events and activities we undertake;
- personalising the way that our online content is presented to you and to allow you to participate in interactive features when you choose to do so;
- to carry out our obligations arising from contracts entered into between you and us; and
- any other purposes notified to you at the time your personal information is collected.
9. Who we may disclose your information to
Your personal information may be disclosed:
- where the use or disclosure is required at law;
- to Australian Wine Classics’s related entities, International offices and representatives (for the purpose of Australian Wine Classics function and activity only);
- specialist advisors to Australian Wine Classics who have been engaged to provide Australian Wine Classics with legal, administrative, financial, insurance, research, marketing or other services;
- where you have given us consent;
- to avoid, lessen or prevent a serious emergency or crime. (If we use or disclose personal information about you in those circumstances we will make a written record of such use or disclosure);
- any other person authorised implicitly or expressly, when the personal information is provided or collected by us.
10. Access and correction of your personal information
You may request access to or correction of your personal information at any time by emailing us at email@example.com. There is no requirement for you to provide a reason for such request. We may deny access to personal information where we are required by law to withhold the information, or where the requested access would compromise the privacy of others.
Australian Wine Classics has taken reasonable steps regarding physical and technical access intrusion security measures to protect the personal information we hold against loss, misuse, interference and from unauthorised access, alteration or disclosure. However, if you are considering sending us any personal information through any of our communication channels, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). You must also take care to protect your usernames and passwords and notify us as soon as possible if you become aware of any security breaches.
12. How to make a complaint
We will refer your complaint to our Privacy Officer who will investigate your complaint and determine the steps that we will undertake to resolve it. We will contact you if we require any additional information from you and will notify you, in writing, of the outcome of the investigation. If you are not satisfied with our determination, you can contact us to discuss your concerns or contact to the Australian Privacy Commissioner via the contact details set out below.
14. Additional Information
For information about privacy generally, or if your concerns are not resolved to your satisfaction, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or via www.oaic.gov.au.