PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.
TERMS AND CONDITIONS
These Terms and Conditions (the Terms) govern your use of our website located at www.tcw.com.au (the Site) and form a binding contractual agreement between you, the user of the Site and us, Tenafeate Creek Wines SA BN 04106313.
For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.
By continuing to use the Site, you acknowledge and agree that you have had sufficient chance to read and understand these Terms. If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site.
- DEFINITIONS“Confidential Information” means all information provided by one party to the other in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure.”Content” means any and all data, text, images, audio or video material and other content, in any medium, provided by Tenafeate Creek Wines to you.”Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
“Moral Rights” has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
“Products” means wines produced and sold by Tenafeate Creek Wines as well as other related products, as we choose to make available to you.
“Services” means the online sale of Tenafeate Creek Wines products through the Site. This includes Services currently offered by Tenafeate Creek Wines and any Services or products that Tenefeate Creek Wines may choose to offer in the future.
“Site” means www.tcw.com.au.
“You” means you, the user of the Site and purchaser of Products.
“Us”, “We”, “Our” means Tenafeate Creek Wines.
- ACCESSING THE SITE
2.1
You acknowledge and agree that although Tenafeate Creek Wines will use reasonable efforts to ensure that the Site and Services are available, temporary interruptions of the Services available through the Site may occur. As such, the Services available on the Site are provided to you on an “AS IS” basis and Tenafeate Creek Wines is not liable to you for any temporary interruption in the Services or your access to the Site.
2.2
We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice.
2.3
We may restrict access to some parts of or the entire Site, from time to time.
- INTELLECTUAL PROPERTY RIGHTS
3.1
Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.
3.2
Tenafeate Creek Wines is the owner and retains all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property Rights. You are permitted to use the Site and its Content only as authorised by us.
3.3
As a user, you are only entitled to browse the Content. You are not licenced to copy or otherwise reproduce the Content on the Site for display, use, play, or download elsewhere.
3.4
Unless expressly stated, all persons, third party trade marks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.
- LIMITATION OF LIABILITY
4.1
You agree that we shall not be liable for any damages you may suffer as a result of using the Site, browsing any Content, or using the Services.
4.2
Tenafeate Creek Wines does not represent that any Content posted or obtained from or through this website is free from computer viruses or other electronic faults or defects. You have sole responsibility for adequate security protection and backup of data used in connection with your usage of the Site and Services. You will not make a claim against Tenafeate Creek Wines for lost data, inaccurate instruction, work delays or lost profits resulting from your use of the Site and Services.
4.3
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
- TERMINATION OF USE
5.1
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, or suspend or block your access to the Site.
- NOTICE
6.1
By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. You acknowledge that all contracts, notices, information, and other communication we may provide electronically comply with legal requirements that such documents are in writing.
6.2
Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a)
For letters, the letter was properly addressed, stamped and placed in the post; and
(b)
For emails, the email was sent to the specified email address.
- UPDATES TO THESE TERMS
7.1
We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
7.2
Any Content and material on the Site and Services may be out of date at any given time and we are under no obligation to update such material. Any and all specials, promotions, clearances, offers, and discounted items advertised on the Site are available only while stocks last unless otherwise stated. Refer to our TERMS OF SALE for more information.
7.3
We reserve the right, in our sole discretion, to change, modify, add or remove any part of this Agreement, in whole or in part, at any time. Notification of the changes to this Agreement will be posted on the Site and will be effective immediately, unless expressed otherwise. Amendments to these Terms will take effect immediately upon being posted on the Site and your continued use of the Site and Services will be deemed as your acceptance thereof.
- SEVERABILITYIf any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
- PRIVACYPlease review our PRIVACY POLICY, which sets out how we will use and disclosure of your Confidential Information. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- ENTIRE AGREEMENT
10.1
These terms, and the documents expressly referred to in them, constitute the entire Agreement between you and Tenafeate Creek Wines, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
10.2
We each acknowledge that, in entering into this Agreement, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in this Agreement.
- GOVERNING LAWThis Agreement is governed by the laws of the State of South Australia and each party submits to the jurisdiction of the courts of South Australia.
Last updated on: February 11, 2012
