Terms and Conditions

PLEASE TAKE YOUR TIME TO READ THESE TERMS AND CONDITIONS BEFORE USING THE SITE.

These Terms govern your use of the Site located at www.masterpiecepremiumwines.com.au and form a binding contractual agreement between you, the user of the Site, and us, Masterpiece Premium Wines Pty Ltd ABN 42 068 807 483 (Masterpiece Premium Wines). For that reason, these Terms are important and you should read them carefully before you use the Site.

By using the Site, including viewing or browsing the Site, you are agreeing to these Terms.

If you purchase products through Masterpiece Premium Wines, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Masterpiece Premium Wines through the Site.

Services means the online platform provided by Masterpiece Premium Wines to provide general information regarding its export services and products available for export to overseas markets.

Site means www.masterpiecepremiumwines.com.au.

You means you, the user of the Site.

We, Us, Our means Masterpiece Premium Wines Pty Ltd ABN 42 068 807 483.

Accessing the Site

You acknowledge and agree that although we will use all reasonable efforts to ensure that the Site is available, temporary interruptions of the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.

All Content provided on or through this Site are provided “AS IS” and “AS AVAILABLE” for your use. The Content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk.

We reserve the right to withdraw or amend the Site and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.

Use

You agree that you will use this Site in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Site for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the website or its Services.

If you contribute to our forum or make any public comments on the Site which are, in our sole discretion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Site, then we may at our discretion, refuse to publish such comments and/or remove them from the Site. We reserve the right to refuse or terminate service or Site access to anyone at any time without notice or reason.

Masterpiece Premium Wines does not recommend or endorse any particular products or wine producers. The Site is not designed to provide qualitative advice regarding the fitness for purpose and suitability of any products or wine producers. Masterpiece Premium Wines strongly advice you to undertake your own due diligence and research prior to purchasing any products noted on the Site.

Links to external websites

This Site may contain links that direct you to external websites. These links are provided for your convenience only and are not an express or implied indication that we endorse or approve of such linked websites, its contents or any associated websites, products or services. These websites are not under our control and are not maintained by Masterpiece Premium Wines. We accept no liability for loss or damage arising out of or in connection to your use of these websites.

You may link to our articles or home page, however, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

Intellectual property and copyrights

Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you. We own and retain all proprietary rights to the Site, the Content provided through the Site, and all associated intellectual property rights.

You are permitted to use the Site only as authorised by us. You are granted a limited, non-exclusive, revocable, non-transferable right to use the Site to view, use, play, and download Content subject to these Terms.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. Our intellectual property rights must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

If you wish to use our intellectual property, you should submit your request to us in writing.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by users are those of the respective users and not of Masterpiece Premium Wines.

Limitation of Liability and Indemnity

You agree that we shall not be liable for any damages suffered as a result of using the Site, copying, distributing, or downloading Content from the Site. 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.

We do not endorse any products or wine producers, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any products due to information provided by wine producers. It is your sole responsibility to undertake due diligence and research into the products and wine producers.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

As a condition of your access to and use of the Site, you agree to indemnify Masterpiece Premium Wines and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Site or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after your use of the Site ends.

Personal Information

Any personal information provided by you is processed by us in accordance with our Privacy Policy. By accepting these Terms, you also agree to the terms of our Privacy Policy.

Termination

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site or suspend or block your access to the Site.

We may terminate or suspend your access to the Site if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

Notice

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 any legal requirements that such documents are in writing.

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 for letters, the letter was properly addressed, stamped and placed in the post and for emails, the email was sent to the specified email address.

No Waiver

If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations. If we waive a default, it does not constitute a waiver of any subsequent defaults.

No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per the Notice requirements above.

Force Majeure

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to acts of god, natural disasters, sabotage, accident, riot, shortage of supplies, equipment, and materials, strikes and lockouts, civil unrest, computer hacking, or malicious damage.

Severability

If 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.

Entire Agreement

These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and Masterpiece Premium Wines, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Site.

We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

Governing Law

These Terms is governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of the State of Queensland, Australia.

Updates to these Terms

We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site. We may restrict access to parts or the entire Site at any time, including, but not limited to, Content, certain features, hours of availability, and equipment needed for access or use, without notice or liability.

Any material on the Site may be out of date at any given time and we are under no obligation to update such material.

We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to cease use of the Site. Your continued use of the Site will be deemed as your acceptance thereof.

We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.

Last updated on: 12 April 2017