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Website Terms & Conditions

Welcome to Deonte Wines

Deonte Wines is pleased to provide you with access to the websites owned or operated by Deonte Wine Co Pty Ltd (ABN 31 151 905 690) and its related bodies corporate including, but not limited to the website located at www.deontewines.com (Deonte Wines website) on these terms and conditions.

By accessing or using the Deonte Wines website you agree to be bound by these terms and conditions of use as amended from time to time. If you do not agree to these terms and conditions, you may not use the Deonte Wines website.

You represent and warrant to Deonte Wines that you are at least 18 years of age.

Material on the Deonte Wines website

Deonte Wines may publish or make available on the Deonte Wines website information, advertisements, product and service offers, wine data, wine valuations, software and links supplied by Deonte Wines and third parties (Material). While Deonte Wines takes care to ensure that Material on the Deonte Wines website is correct, current and free from errors, Deonte Wines does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of:

·         any Material published on the Deonte Wines website;

·         any Material published on any website that links from the Deonte Wines website; or

·         any information received by you as a result of using the Deonte Wines website.

Deonte Wines does not provide any warranty in relation to any goods or services advertised for sale on the Deonte Wines website 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.

Personal and Non Commercial Use Only

The Deonte Wines website is for your personal and non-commercial use only. Except for the Material held in your computer's cache or a single permanent copy of the Material for your personal use, you must not:

·         modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;

·         use or attempt to use any Material published on the Deonte Wines website to create any website or publication;

·         mirror or frame any website or page within the Deonte Wines website;

·         use any automated process of any sort to query, access or copy any Material on the Deonte Wines website or generate or compile any document or database based on the Material published on the Deonte Wines website; or

·         transfer or sell any information, functionality or products or services offered on the Deonte Wines website without the written approval of Deonte Win es.

Deonte Wines may terminate your right to access and use the Deonte Wines website at any time if you breach these terms and conditions. You may cease to use the Deonte Wines website at any time in your absolute discretion.

Your Responsibility

The Material made available on the Deonte Wines website are provided as general information only. Deonte Wines does not warrant that the Material are professional, expert or other advice or that they are a substitute for such advice. The Material:

·         may not be appropriate, correct or sufficient for your circumstances;

·         should not be relied on as the only reason you do or don't do anything; and

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

If Deonte Wines 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 Deonte Wines the amount of any such loss, damage and costs.

Limitation of Liability

To the full extent permitted by law, neither Deonte Wines nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).

Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon Deonte Wines which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which Deonte Wines is entitled to do so, Deonte Wines limits its liability in respect of any claim under those provisions to:

·         in the case of goods, at Deonte Wines' option:

·         the replacement of the goods or the supply of equivalent goods;

·         the repair of the goods;

·         the payment of the cost of replacing the goods or of acquiring equivalent goods; or

·         the payment of the cost of having the goods repaired; and

·         in the case of services, at Deonte Wines' option:

·         the supplying of the services again; or

·         the payment of the cost of having the services supplied again.

Other than as set out above, Deonte Wines will not be responsible for any claims arising out of or in connection with your access to and use of the Deonte Wines website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

For the purposes of this section, the term Deonte Wines will mean Deonte Wines and its officers, employees, contractors and agents, whether individually or collectively.

Intellectual Property Rights

The Deonte Wines website is owned and operated by Deonte Wines. You acknowledge and agree that all intellectual property rights comprised in or relating to the Deonte Wines website belong to Deonte Wines or its licensors, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

You may download and view Deonte Wines website content, which may include, without limitation, text, graphics, icons, photographs and URLs (Content) and/or print a copy of material on the Deonte Wines website for your own use only, provided you do not:

·         modify the Content (including, without limitation, any copyright notice) in any way;

·         make the Content public; or

·         use the Content in a manner or for a purpose prohibited by these Terms.

Deonte Wines is a registered trade mark of Agreen Pty Ltd. Other product and company names mentioned on the Deonte Wines website may be the trade marks of their respective owners.

Content You Supply

Deonte Wines may provide you with the ability to communicate with Deonte Wines, the Deonte Wines website, sellers, advertisers and other users of the Deonte Wines website, including through agreements, online forms, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).

You grant to Deonte Wines a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any Content you post, upload or otherwise transmit via Communications Services and to sub-license such Content for such purposes as Deonte Wines determines from time to time (subject to the Deonte Wines Privacy Policy).

You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by Deonte Wines.

You must not do any of the following:

·         transmit any information or material which is incorrect, misleading or deceptive;

·         transmit any defamatory, infringing, obscene, indecent or unlawful information or material;

·         use the Communications Services for any unlawful purpose;

·         post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;

·         upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

·         delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

·         advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters via the Communications Services other than as approved by Deonte Wines;

·         download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;

·         excessively use the Communications Services in a manner which may hinder or prevent Deonte Wines from providing services to any other persons or which may threaten the integrity or use by any person of the Deonte Wines website; or

·         authorise, aid, abet encourage or incite any person to do any of the above acts.

You represent and warrant to Deonte Wines that:

·         you are fully authorised to publish and to authorise Deonte Wines to publish all Content you submit to Deonte Wines;

·         publication of Content posted or submitted by you in accordance with these terms and conditions will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

·         you have the ability to grant the Content licence granted above;

·         all Content you post on the Deonte Wines website or submit to Deonte Wines 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 Deonte Wines website or submit to Deonte Wines to:

·         the collection of that personal information by Deonte Wines; and

·         the use and disclosure of that personal information in accordance with Deonte Wines' Privacy Policy; and

·         all Content you post on the Deonte Wines website or submit to Deonte Wines will be current and accurate, and will not mislead or deceive end users of the Deonte Wines website.

Deonte Wines may, but has no obligation to, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

Privacy Policy

To read how Deonte Wines collects, holds, uses and discloses your personal information please see our Privacy Policy.

Buyers and Sellers Agreements

Specific additional terms and conditions apply to the purchase and sale of wine through the Deonte Wines website. Your acknowledgment of these terms and conditions is required to complete any transaction on this site. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

Responsible Service of Alcohol

Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By opening an account with Deonte Wines and/or placing an order you are confirming to us that you are at least 18 years of age.

Deonte Wines also recommends that alcohol only be consumed in moderation.

Social Media

Where Deonte Wines allows you to share information with a friend via social media, specifically email:

·         you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Deonte Wines, 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).

Buyer Terms

Please read these terms and conditions (Buyer Terms) prior to completing a purchase on the websites owned or operated by Deonte Wine Co Pty Ltd (ABN 31 151 905 690) and its related bodies corporate, including but not limited to the website located at www.deontewines.com (Deonte Wines website).

These Buyer Terms govern your purchase of the goods and/or services that we offer at the Deonte Wines website (Services), including all wine purchases.

By making a purchase via the Deonte Wines website you agree to be bound by these terms and conditions as amended from time to time. If you do not agree to these Buyer Terms, you may not make a purchase via the Deonte Wines website.

Please note that additional terms and conditions governing your relationship with us are contained in other Deonte Wines website pages and unless those conditions are inconsistent with these Buyer Terms, they will be incorporated into and will form part of your agreement with Deonte Wines.

Registering at the Deonte Wines website

You must register your details on the Deonte Wines website to use the Services.

You must not register multiple times or use false or misleading information when registering or using our Services and you must update your details if they have changed since your last use of our Services. Deonte Wines is not responsible for any loss or damage which you may suffer because you have not provided complete, accurate and up-to-date information.

When you register, you must choose your username and password. You must have a valid username and password before you can purchase wine via the Deonte Wines website. You are responsible for the security of your user name and password. We will assume that anyone using your username and password is authorised by you.

We may send notifications to you by email or SMS, including:

·         order confirmations;

·         special offers and marketing programs that you have opted into;

·         the status of any deliveries; and

·         a copy of your invoice, if applicable.

We may also send push notifications to mobile applications.

We accept no responsibility for any loss or damage you suffer if you do not receive such notifications for any reason.

We will use your personal data in accordance with our Privacy Policy, which is available on the Deonte Wines website.

Purchasing Wines – Your Obligations

You must pay the purchase price (including any GST) in full for any wine purchased together with any other applicable fees or charges (for example, goods and services tax, insurance and delivery charges).

You authorise us to debit your credit card or PayPal account for the total amount payable to us as a result of any purchases by you.

Security Policy

In order to purchase goods you must provide valid credit card details.

Deonte Wines uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on the Deonte Wines website using the eWAY are secured payments, as follows:

·         Payments are fully automated with an immediate response.

·         Your complete credit card number cannot be viewed by Deonte Wines or any outside party.

·         All transactions are performed under 128 Bit SSL Certificate.

·         All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.

·         eWAY is an authorised third party processor for all the major Australian banks.

·         eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Deonte Wines.

For more information about eWAY and online credit card payments, please visit www.eway.com.au

 Currency & Pricing

Unless otherwise shown, all the prices listed on Deonte Wines website are displayed in Australian Dollars (AUD). If a product inadvertently appears on the Deonte Wines website at the wrong price, Deonte Wines may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If your credit card was charged for the purchase and the order is cancelled, Deonte Wines will notify you and issue a credit to your credit card account in the amount of the cancelled order.

Vouchers & Credits

From time to time Deonte Wines may issue vouchers or credits for redemption against future purchases of wine.

Vouchers can only be redeemed online at www.deontewines.com

Where a voucher or credit is offered by Deonte Wines as a registration/signup/joining offer for new members, then a member/person can only claim one of these registration/signup/joining credits or vouchers if they are not a current Deonte Wines member and the member must be registering/signing up/joining Deonte Wines for the first time. Additionally, only one registration voucher or credit may be claimed per household/delivery address. Where multiple Deonte Wines accounts are set up in breach of this term, Deonte Wines reserves the right to cancel the voucher or credit and to cancel any orders placed, and to recover the value of the voucher or credit from the member where orders are unable to be cancelled prior to delivery.

Each voucher or credit may only be redeemed once per household/delivery address.

Deonte Wines conducts regular audits of voucher and credit usage and reserves the right to recover amounts owing from customers who redeem more than one voucher or credit per household/delivery address/voucher promotion, or who are in breach of the terms attached to the particular voucher or credit or who obtain the voucher or credit through fraudulent or unauthorised channels or who set up multiple Deonte Wines accounts in order to obtain multiple vouchers or credits.

Vouchers may not be used in conjunction with any other vouchers - strict limit of one voucher per order. Any terms and conditions on a voucher or credit apply and bind the holder of the voucher or credit. Vouchers and credits are non-transferable and may not be redeemed for cash. All vouchers and credits will have an expiry date, after which the voucher or credit will no longer be redeemable.

Vouchers must be used in a single transaction and any unused value cannot be redeemed in any way.

Where a Voucher has a minimum spend requirement, then the voucher can only be redeemed if the value of the products ordered exceed the voucher's minimum spend requirement.

Vouchers and credits cannot be applied to orders retrospectively.

Manufacturer's liability

Subject to any rights you may have under any law, if an item purchased by you with an accompanying manufacturer’s warranty, Deonte Wines will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.

Deonte Wines' Liability

Deonte Wines is not responsible for any order not received, processed or accepted due to technical difficulties. To the extent permitted by law, we provide the Deonte Wines website and the Services without any express or implied warranty or condition regarding the performance of the Deonte Wines website. To the extent permitted by law, all express or implied conditions or warranties in connection with the any goods offered for sale on the Deonte Wines website are excluded.

To the full extent permitted by law, neither Deonte Wines, its suppliers nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).

We do not guarantee continuous, uninterrupted or secure access to the Services.

Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon Deonte Wines which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which Deonte Wines is entitled to do so, Deonte Wines limits its liability in respect of any claim under those provisions to:

·         in the case of goods, at Deonte Wines' option:

·         the replacement of the goods or the supply of equivalent goods;

·         the repair of the goods;

·         the payment of the cost of replacing the goods or of acquiring equivalent goods; or

·         the payment of the cost of having the goods repaired; and

·         in the case of services, at Deonte Wines' option:

·         the supplying of the services again; or

·         the payment of the cost of having the services supplied again.

Other than as set out above, Deonte Wines will not be responsible for any claims arising out of or in connection with your access to and use of the Deonte Wines website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

For the purposes of this section, the term Deonte Wines will mean Deonte Wines and its officers, employees, contractors and agents, whether individually or collectively.

Changes to Items Listed

We may withdraw and/or re-offer any item listed for sale on the Deonte Wines website if the item:

·         becomes unavailable; or

·         was incorrectly described or listed.

Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

Changes to these Terms and Conditions

Deonte Wines may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms and such modifications will be binding upon you once displayed on this website. You should regularly check the terms and conditions displayed on this website.

Deonte Wines may cease to provide you with access to the Deonte Wines website or any of its services without notice.

All rights not expressly granted are reserved.

Copyright

Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Deonte Wines and must not be reproduced, in whole or in part, except as permitted under the copyright laws of Australia, other applicable International laws, or for any purpose expressly permitted by us.

Likewise, if you believe that any material on our website has been copied in a way that constitutes copyright infringement, please provide us with the details in writing for immediate removal once verified.

 

 

 

Copyright Deonte Wines © 2014

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James Haliday