This Website (referred to in these Terms and Conditions of Use as the “Website”) is owned and operated by Wine Social Pty Limited ACN 128 319 013 (the “Owner”). The Website design and layout are copyright ©2007 winesocial.com.au. The computer software and code and any subsequent updates and upgrades are copyright © 2007 winesocial.com.au

The Website is available for you to:

• (a) Access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access any features of this Website you are agreeing to the terms and conditions set out herein in Pt A.(b) Provide information and/or commentary about Australian and New Zealand wines conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide such information and/or commentary you are agreeing to the terms and conditions set out below in Pt B.

Part A - Use of material on the Website

• A. Except for the limited use set out in paragraph B you may not use the Website, or the material contained on it, for any purpose. This includes:
  • (a) the reproduction of the material in any material form;
  • (b) the dissemination of the material in any material form;
  • (c) the re‐transmission of the material by any means of communication;
  • (d) uploading and/or reposting the material to any other site on the World Wide Web (“WWW”);
  • (e) using the material in any metatagging of other sites;
  • (f) “framing” the material on the Website with other material on any other WWW site; unless you have the prior express written permission of the Owner. Otherwise, the above are unlawful and are prohibited by these Terms and Conditions of Use.
• B. Notwithstanding the above limitations, you may download material from the Website for your personal non‐commercial use on the basis that you do not remove any copyright and trade mark notices set out thereon.
• C. The Owner does not have any contractual involvement in your dealings with any other users of this Website or any advertisers which advertise on this Website.
• D. You may not modify or copy:
  • (a) the Website’s layout; or
  • (b) (subject to section 47H of the Copyright Act(Cth)), any software and code contained in it unless you have the prior express written permission of Jonathan Bloomer.
• E. You agree that you will not purport to exercise any of the rights set out in section 26 of the Trade Marks Act (Cth) arising by any use of the any of the trade marks on the Website without the prior express written permission of the owners of any such trade marks.
• F. You acknowledge the moral rights (as defined in the Copyright Act (Cth)) of the creators of the Website that arise from the intellectual property of the Website which they created.
• G. Winesocial.com.au reserves all its intellectual property rights, including, but not limited to, copyright in material and/or services provided by the Owner.
• H. The material provided on the Website is provided for personal use only and may not be:
  • (a) re‐sold and/or re‐distributed in any material form;
  • (b) stored in any storage media; and/or
  • (c) re‐transmitted in any media, without the prior express written permission of the Owner.

Links to other Websites

• I. The Website contains links to sites on the WWW owned and operated by third parties and which are not controlled by the Owner.
• J. In relation to the other sites on the WWW, which are linked to the Website,
  • (a) there is no endorsement by the Owner either express or implied of any such linked sites; and
  • (b) the Owner is not responsible for the material on those other sites.

Links to this Website

• K. You are prohibited from creating hyperlinks to this Website without the prior express written permission of the Owner.

Disclaimer 1

• L. The Owner is making the Website available for others to publish information without assuming a duty of care to users. The Owner is not in the business of giving professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
• M. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
  • (a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
  • (b) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
• N. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been informed of the possibility of such loss of profits or damages) which are the result of you:
  • (a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
  • (b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

Disclaimer 2

• O. The Owner does not warrant guarantee or make any representation that:
  • (a) the Website, or the server that makes the site available on the WWW are free of software viruses;
  • (b) the functions contained in any software contained on the Website will operate uninterrupted or are error‐free; and
  • (c) errors and defects in the Website will be corrected.
• P. The Owner is not liable to you for:
  • (a) errors or omissions in the Website, or linked sites on the WWW;
  • (b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
  • (c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
• Q. You agree to accept the full cost of any repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability

• R. Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
  If the breach of an implied warranty or condition relates to services:
  • (a) the supply of the services again; or
  • (b) the payment of the cost of having the services supplied again.
  If the breach of an implied warranty or condition relates to goods:
  • (a) the replacement of the goods or the supply of equivalent goods;
  • (b) the repair of such goods;
  • (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

  Your provision of personal information

  • S. You shall not use or submit false personal information and you accept full responsibility for all activities that occur under your account.

  Use of information gathered

  • T. The Owner and/or people authorised by it may collect and process the information:
    • (a) which you may give when accessing the Website, such as your name, address, e‐mail address and other personal information about you; and
    • (b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.
  • U. The Owner may authorise others to offer you goods and services using the information acquired through (a) and (b) above.
  • V. You give your full and unrestricted consent to the collection and use of the information referred to in (T.) and (U.) above.

  Termination of access

  • W. The Owner may terminate access to the Website at any time without giving any explanation for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a result of any such termination.

  Alteration of Terms of Access

  • X. The Owner reserves the right to alter these Terms and Conditions of Use:
    • (a) with or without further notice to you; and
    • (b) without giving you any explanation for such alteration.
  • Y. You should therefore periodically visit these Terms and Conditions of Use to determine the current Terms.

  Relevant jurisdiction

  • Z. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the remainder of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
  • AA. This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.
  • AB.You agree to the jurisdiction of the courts of Sydney to determine any dispute arising out of this Agreement.

  Part B — Terms and conditions relating to the providing of information or commentary

  Uploading information

  • A. You represent and warrant in relation to any material and/or information you provide to the Website whether in the form of commentary, questions or otherwise that:
    • (a) you are authorised to provide the material and/or information;
    • (b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
    • (c) you acknowledge that the Owner does not authorise or condone the publication of any defamatory material on the Website;
    • (d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks and copyright;
    • (e) the material does not infringe third party rights to the confidentiality of information and
    • (f) the material and/or information does not infringe any law of the Commonwealth of Australia and the State of New South Wales including, but not limited to, anti‐discrimination legislation, the criminal law the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW), [and equivalent state and territory legislation] and the legislation of any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website;
    • (g) the material and/or information does not include any offensive language;
    • (h) the material and/or information does not contain the personal information of third parties without their prior express written permission;
    • (i) the material and/or information does not contain any advertising absent the prior express written consent of the Owner;
    • (j) the material and/or information does not contain any viruses or other computer programming routines that could damage or interfere in any way with the Website or monitor any activities on it.

  Licence to use intellectual property

  • B. By uploading any material which is intellectual property including, but not limited to, copyrighted works and trade marks (the “intellectual property”) on to the Website, you are granting the Owner a perpetual, non-exclusive irrevocable and payment‐free licence throughout the world to:
    • (a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
    • (b) allow the Owner to sub‐licence others the same rights granted to the Owner in (a) above.

  Removal of information

  • C. In relation to any material and/or information included on the Website, the Owner may modify or delete any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation for such deletion.

  Limit of liability

  • D. The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

  Indemnity

  • E. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this clause E referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

  Relevant jurisdiction

  • F. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the remainder of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
  • G. This Agreement will be governed by and interpreted in accordance with the law of the state of New South Wales, without giving effect to any principles of conflicts of laws.
  • H. You agree to the jurisdiction of the courts of Sydney to determine any dispute arising from this Agreement.