Terms and Conditions of Use
These Terms and Conditions govern your access to and your use of this website, which includes but are not limited to any purchases of Products available on this website, any future or established websites that relates to or are connected to this website, or any or all SMS, APIs, applications, email notifications, concepts, buttons, and widgets available, included in, or arising from, this website (the “Services“). Any reference to content shall include any or all information, graphics, texts, designs, or other materials, irrespective of its nature, whether uploaded, downloaded or appearing on, the website (collectively referred to as “Content“). Your access to and use of the Services or use of Content by any means, including directly to the website, by other applications, are and remain conditional on your acceptance of and compliance with the terms contained herein (“Terms”). By accessing or using the Services or creating or using Content you are agreeing to abide by and to be legally bound by these Terms (“the Agreement”).
You are entering into a legally binding Agreement.
1. Our Purpose
Our mission at AWM is to provide affordable and quality wine products to our customers.
2. Scope and Intent
When you are registering or otherwise using our website, any iPad applications, developer platform, products, or premium services, or obtaining other information provided as part of the Services, you are affirming or committing to be bound by the terms of a legally binding agreement with Australia Wine Merchants Pty Ltd and our subsidiaries, irrespective of whether you reside or use the website or other applications in Australia or any other country. If you are using this website or accessing our Services individually or on behalf of a company or any other legal entity, you are bound both individually and collectively by this Agreement, even if your company has a separate agreement with us.
You are solely responsible for your use of the Services of the websites, and for any consequences (legal or otherwise) arising from such use. The Services may only be accessed or used in compliance with these Terms and in accordance with under all applicable local, state, national, and international laws, rules, and regulations that apply.
The Services offered on this website are continuously evolving and may at our absolute discretion be altered at any time without prior notice to you. At our discretion we are able to stop (either temporarily or permanently) providing the Services (or any features within the Services) to you or to users generally, and on some occasions we may not be able to provide you with prior notice of such changes.
4. Use of Passwords
You require a password to access Services. You are responsible for setting and safeguarding your chosen password(s). You are encouraged to devise and use a password(s) that uses a combination of upper- and lower-case letters, numbers and symbols and is always kept private and confidential. We will not be liable for any loss, damage or compensation arising from your failure to keep your password protected by keeping it private and confidential from others.
The Services being provided on this website are provided ‘as is’ without warranties of any kind being provided by AWM including warranties of merchantability or fitness for a purpose. AWM provides no warranties in terms of the accuracy or completeness of the information contained on this website.
To the maximum extent permitted by applicable law, and without excluding any guarantees that cannot be excluded, restricted or modified under the Australian Consumer Law, AWM and its officers, agents or associates shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from your access to or use of or inability to access or use the services or any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties or any content obtained from the services or any unauthorized access, use or alteration of your transmissions or content.
Without excluding, restricting, or modifying your rights under the Australian Consumer Law or the exposure of AWM to the liabilities that attach to them under the Australian Consumer Law,
(i) the limitations of this subsection shall apply to any claim for liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not AWM and its officers, agents or associates have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
(ii) to the extent permissible, AWM disclaim all or any implied warranties that may apply to the Services or the website whether express or implied, of merchantability, fitness for a particular purpose, or non- infringement. This section does not apply to anyone where disclaimer of implied warranties or the limitation of liability in contracts may not be lawfully limited;
(iii) AWM and associate company(s), parent company, subsidiaries, directors, shareholders, affiliates, partner companies, officers, employees, agents, representatives, partners, and licensors limits the liability it is exposed to the maximum extent permitted under applicable law (including the Australian Consumer Law) or the amount paid by the user for the costs of the Services provided by us, whichever is the lesser; and
(iv) AWM makes no warranty and disclaim all responsibility and liability for:
(A) security or reliability of the Services;
(B) the completeness, accuracy, availability, timeliness of the Services;
(C) loss of data, failure to store, failure to store and transmit communications damage to your computer system or any other damage that may result from your access or use of the Services;
(D) that the Services meet your requirements or be available on an uninterrupted, secure, or error-free basis;
(E) any warranty (except those contained in the Australian Consumer Law) not expressly outlined in this agreement will not legally bind AWM.
7. Consequential Damages
AWM shall not be liable to you for any indirect and consequential loss or damage of any kind arising from the Services, or your use of the website, howsoever arising, whether in contract, tort or arising under statute or otherwise (including any loss of revenue, profits, failure to realize profits or savings, data, or other commercial or economic loss absolutely).
8. General Terms
(a) These Terms and Conditions regarding the Services are the entire and exclusive agreement between AWM and you unless you have a separate agreement with AWM that is in addition to or in place of these Terms and Conditions.
(b) These Terms and Conditions supersede and replace any prior agreements between AWM and you. These Terms and Conditions may be, at the sole discretion of AWM, revised from time to time. Changes will be advised where possible however you should visit the Terms and Conditions for regular updates. You agree to be bound by the revised Terms and Conditions.
(c) No other person or company will be third party beneficiaries to these Terms and Conditions other than AWM’s parent and/or associate companies.
(d) The failure of AWM to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect.
(e) These Terms and Conditions shall be governed by the laws of South Australia. The jurisdiction of the Courts of South Australia or the Federal Court sitting in South Australia shall constitute the exclusive jurisdiction for any dispute arising under these Terms and Conditions, the Product Terms and Conditions or the Privacy Terms, and you waive any objection as to inconvenience.
(f) The Product Terms and Conditions shall have preference and supersede any inconsistent clauses contained In these Terms and Conditions in relation to the sale of any Product from this website.
9. AWM Contact Information
Australia Wine Merchants Pty Ltd
ACN 624 008 939 ABN 27 624 008 939
‘Oaks’ at Morphettville Racecourse, Morphettville, 5043
South Australia, Australia,
Telephone: +61 452 560 710