Terms & Conditions

 

These Terms and Conditions apply to the use of this Website.  In using this Website and our services, you agree to be bound by these Terms and Conditions.  If you do not accept these Terms and Conditions, you must refrain from using the Website.   
 

1.Definitions

In these Terms and Conditions:

1.1   “Adopted Vine” means a grapevine that has been allocated to a user who has purchased an Adoption in accordance with the respective Vineyard Operator’s Adoption program;
1.2   "Adoption" refers to the adoption (as that term is further elaborated upon in clause 2), of one grapevine at an Operator Vineyard by you (or by users generally as the context dictates) and it includes a reference to any offer to facilitate such adoption details of which may be listed on or accessed through the Website;
1.3   "Vineyard Operator" means any person, entity or business who operates a vineyard and lists that vineyard as participating in the Adopt-a-Vine scheme and offers Adoptions for purchase on or through the Website and unless the context requires otherwise, includes us;
1.4   "We", "us" and "our" are references to Adopt A Vine Pty Ltd ACN 135 288 621;
1.5   “Website” means our website located at www.adoptavine.com, www.adoptavine.com.au, www.adoptavine.co.nz and www.adoptavine.co.uk, as well as any other URLs that we may have registered or may in future register and use for the purpose of linking to the website www.adoptavine.com, and unless the context requires otherwise includes any related services; and
1.6   “You” and “your” are references to you as a user of the Website.  
2.   Age / legal capacity
2.1   You affirm that you and that any person for whom you purchase or otherwise obtain an Adoption has obtained the minimum age applicable to your jurisdiction to enter into a legal agreement with us, that if you purchase alcoholic goods from us our a Vineyard Operator you have reached the minimum age to purchase such goods  and that there are no restrictions in the country, state and/or region in which you and/or the intended recipient are located relating to the purchase of alcohol or on the proposed Adoption preventing such purchase.  

3.   Adoption

3.   1You agree and acknowledge that the term “adoption” in respect of a grapevine entitles the adopting person (or if the Adoption is a gift, to the gift recipient) to one or several of the following benefits, further details of which are to be determined by the respective Vineyard Operator and/ or as are listed on the Website in connection with the particular vineyard in question:
          (a) the ability to visit the Adopted Vine at the Vineyard Operator’s premises, during the Vineyard Operator’s normal business hours and subject to the Vineyard Operator’s terms and conditions of access;  and
          (b) other benefits that may be offered by the Vineyard Operator and/or us from time to time.
3.2   For the avoidance of doubt, you agree and acknowledge that an Adoption does not confer in your favour any proprietary or ownership rights, rights of visitation or access (except as expressly set out in these Terms and Conditions or as expressly permitted by the Vineyard Operator) or other rights in relation to any Adopted Vine, any other vine or the vineyard in which the Adopted Vine is situated.  
3.3   You agree and acknowledge that while Vineyard Operators use reasonable efforts to tend and protect their vineyards they cannot guarantee the continued existence or health of any Adopted Vine.

4.   Our role

4.1   You acknowledge that the Website functions as a portal for information regarding Adoptions offered by Vineyard Operators.  Except in respect of the vineyards we ourselves operate, we are not the supplier of Adoptions or goods or services that you may seek to acquire or actually acquire from Vineyard Operators.  We do not  endorse, vouch for or provide any warranty in relation to any goods or services of any Vineyard Operator other than ourselves and our own vineyards. 
4.2   We do not represent or warrant, and expressly disclaim any responsibility or liability in relation to any Vineyard Operator’s ability or willingness to fulfil any order for goods or services that you may place as a result of using this Website.  To the extent permissible at law we disclaim any liability for the accuracy, adequacy or completeness of content or information provided by any Vineyard Operator that appears on or that may be accessed through use of the Website, nor do we undertake to keep the Website updated.  Where the information made available on this Website contains opinions or advice of third parties, we do not purport to endorse the contents of that opinion or advice. 
4.3   Images appearing on the Website are provided for illustrative purposes only and we do not guarantee that any image appearing on the Website will accurately reflect any goods or services provided under by any Vineyard Operator.
4.4   You accept that any information relating to a Vineyard Operator that is provided or relayed by us is general information and is not in the nature of advice. 
4.5   Except where we are the Vineyard Operator, we will not be involved in or responsible for any contractual arrangement regarding, or the fulfilment of, any Adoption.  Arrangements (contractual and otherwise) with Vineyard Operators will be strictly between you and the Vineyard Operator.  You should ensure that you read any terms and conditions relating to any Adoption that you may pursue or purchase through use of the Website.

5.   Purchasing procedure

5.1   You may offer to purchase Adoptions through the Website.  The promotion and listing of a vine for Adoption on the Website does not constitute an offer to sell or guarantee the availability of the vine for Adoption.  It is an invitation to treat only.  Orders placed by you via the Website are offers to purchase an Adoption pursuant to the terms of this Agreement and any additional Vineyard Operator terms.
5.2   Your order must contain your name, email address, credit card details and any other ordering information specified on the Website.
5.3   You may not cancel an order for an Adoption once it has been submitted, even if our acceptance or rejection of your offer is still pending.
5.4   Please note that there may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
5.5   If you have made a mistake in selecting an Adoption (for example, selected a vine for Adoption of a Vineyard Operator other than one you intended) you will be able to request a change to an alternative, provided that you do so within 24 hours of submission of your order and you pay a change fee of AUD $30.
5.6   You agree and acknowledge that while reasonable efforts will be made to accommodate your choice of vine for Adoption, a Vineyard Operator’s listing of a vine for Adoption does not guarantee the availability of a vine corresponding with the description on the listing and in some circumstances, for reasons including unexpected demand and/or environmental or economic conditions, your chosen vine may be substituted by another vine.  We will however, notify you if a substitution is to occur and will offer a refund which will be available for 30 days of the date of your purchase.  If you do not request a refund within that period you will be deemed to have accepted the substitute.
5.7   While we will not exercise the right frivolously, we are not required to give reasons for rejecting your offer to purchase an Adoption.  If we reject your offer to purchase an Adoption neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.  Where an offer is accepted we will communicate acceptance of your offer and the Adoption by email to you.  If we have not responded to you within 48 hours, your offer will be deemed rejected.  
5.8   Payment must be effected in the manner described on the Website.   

6.   Your use of the Website

6.1   You are provided with access to and are authorised to download material contained on this Website only for your personal use.  Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website without our prior written permission.
6.2   You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website (including but not limited to any Vineyard Operator’s website).
6.3   When you click on a website of or access details of a Vineyard Operator, your browser may automatically direct you to a new browser window that is not hosted or controlled by us.  We are not responsible for the functionality or safety of those sites.
6.4   You must not use this Website, in breach of any laws or regulations or to transmit unsolicited emails/spam or to defame, abuse, harass, threaten or otherwise harm any person.

7.   Disclaimer

7.1   To the extent permissible at law this Website and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind.  
7.2   To the extent permissible at law, we do not accept responsibility for any loss, damage or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website, any Vineyard Operator’s Site, or any other linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
7.3   To the maximum extent permitted by law, we accept no liability to you in the event that a Vineyard Operator ceases to operate its respective Vineyard or its business generally, or otherwise fails to comply with its obligations to you.  
7.4   To the extent permitted by law, any representation, condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.  Without limiting the foregoing, to the extent permissible at law we disclaim all warranties regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.  Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
7.5   To the extent permissible at law, in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity, or any physical injury) of any nature arising through or as a result of your use of the Website or any interaction with us or any Vineyard Operator, or any goods or services provided by a Vineyard Operator.
7.6   We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.

8.   Links

8.1   This Website may contain links to other websites, including but not limited to those of Vineyard Operators ("linked websites").  Those links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.
8.2   Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
8.3   You may link to our Website with our written consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
9.   Intellectual property rights
9.1   Adopt-A-Vine, including any logo version of that trade mark, is our trade mark and may not be used by you without our prior written consent.
9.2   Copyright in this Website as a compilation is owned by us.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from the Website.
9.3   If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) ("User Content") for inclusion on the Website, you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Website.  We shall not be obliged to use, display or retain any User Content so supplied.
9.4   We do not claim copyright or ownership of other intellectual property rights in respect of third party content (including trade marks and logos of third parties) appearing on the Website, which remain the proprietary rights of the respective third parties concerned.  

10.   User content

10.1   From time to time we may include functionality for users to upload User Content to or make comments or other postings on the Website.  If you avail yourself of these facilities, you must not:
          (a) upload, post, transmit or otherwise make available on the Website any content that:
                         (i) is defamatory;
                         (ii) promotes, encourages or provides information about unlawful conduct or activities;
                         (iii) infringes any third party's intellectual property rights or breaches confidentiality;
                         (iv) includes a photograph or other likeness, or personal information of another person without their consent;
                         (v) contains pornography, nudity, sexual acts or references;
                         (vi) incites hatred or discrimination against any person or group of persons;
                         (vii) contains any unsolicited or unauthorised advertising or promotional  material;
                         (viii) misrepresents your relationship with any person;
                         (ix) is misleading, false or deceptive (whether by representations or omissions); or
                         (x) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
          (b)damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.
10.2   We reserve the right to remove any User Content that you may post at any time without notice to you.

11.   Indemnity

11.1   You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website any breach of these Terms and Conditions and your interactions with or purchases from any Vineyard Operator.

12.   Privacy Policy

12.1   We will comply with the terms of our privacy policy which appears on our Website and maybe accessed here [insert link to privacy policy].

13.   Breach of Terms and Conditions / Termination of Access

13.1   Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Website, preventing computers using your IP Address from accessing the Website, and contacting your internet service provider to request that your access to the Website be blocked.
13.2   Without limiting the foregoing, you acknowledge that we may terminate the operation  of, and hence your access to, this Website (whether temporarily or permanently) at any time by us without notice.   We will not be liable to you for doing so.
13.3   Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.

14.   Waiver, Severance and Assignment

14.1   Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
14.2   If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
14.3   In the event that we merge, sell or otherwise change control of our business or company or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under this Agreement.

15.   Governing Law

15.1   These Terms and Conditions are governed by the laws in force in Victoria, Australia.

16.   Amendments to Terms and Conditions

16.1   We reserve the right to amend these Terms and Conditions from time to time.  Amendments will be effective immediately upon notification on this Website.  Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

17.   Force majeure

17.1   We shall not be liable for any delay in performance of our obligations under this agreement if the delay is caused by circumstances beyond our reasonable control.
 
Date of last update:    April 2012
 
 
 
 

 

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