Terms And Conditions

 

  1. Website Terms of Use
  • This website (referred to in these Terms of Use as the Website”) is owned and operated by Vino Hue Pty Ltd (Vino Hue), who is also referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms.
  • Access to and use of this Website and the products and services available through this Website (collectively, Services) are subject to the following terms, conditions and notices (Terms of Use).
  • By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
    1. Permitted Use
  • Subject to Clause 2(e), you may not use the material contained on the Website for any purpose. This includes:
  • the reproduction of the material in any material form;
  • the distribution of the material in any material form;
  • re-transmission of the material by any medium of communication;
  • uploading or reposting the material to any other site on the Internet; and
  • “framing” the material on the Website with other material on any other website.
  • The above restrictions are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.
  • You may not modify or copy:
  • the layout of the Website; or
  • any computer software and code contained in the Website.
  • We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
  • re-sold or re-distributed in any material form;
  • stored in any storage media; or
  • re-transmitted in any media,

without our prior written consent.

  • Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
    1. Links to other websites
  • This Website may contain links to sites on the Internet owned and operated by third parties and which are not under our control.
  • In relation to the other sites on the Internet, which are linked to the Website, we:
  • provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
  • are not responsible for the material contained on those linked sites, or any loss or damage suffered by you which arises as a result of your use of those sites.
    1. Disclaimers
  • We have made the Website available for customer use without assuming a duty of care to users. We do not provide professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet.
  • To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:
  • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
  • merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.
  • We 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 advised of the possibility of such loss of profits or damages) which are the consequence of you:
  • acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
  • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
  • We do not warrant, guarantee or make any representation that:
  • the Website, or the server that makes the site available on the Internet are free of software viruses;
  • the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
  • errors and defects in the Website will be corrected.
  • We are not liable to you for:
  • errors or omissions in the Website, or linked sites on the Internet;
  • delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
  • errors, modifications or interceptions of purchases as a result of conduct committed under clause 5(a), either by yourself or any third party;
  • defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

  • You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
    1. Prohibitions
  • You must not misuse this Website. You will not:
  • commit or encourage a criminal offense;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the Service; corrupt data; cause annoyance to other users;
  • infringe upon the rights of any other person's proprietary rights;
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
  • Breaching the above provision may constitute a criminal offense and, if so, we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material uploaded on it, or on any Linked Sites.
    1. Limitation of liability – Goods and Services
  • To the extent permitted by law, our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
  • if the breach of an implied warranty or condition relates to services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again; and
  • if the breach of an implied warranty or condition relates to goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of such goods; or
    3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
  • No clause in these Terms of Use should be construed as excluding or limiting rights or remedies available under statute, including under the Australian Consumer Law, or otherwise at law, which cannot be excluded or limited. Our liability is excluded or limited only to the extent permitted under the law.
    1. Use of personal information gathered
  • We and any people or legal entities authorised by us may gather and process the personal information:
  • which you provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
  • regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
  • We may authorise others to offer you goods and services using the information acquired, as described in clause 7(a).
  • We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy at https://vinohue.com/privacypolicy for details of how we collect, store and use your personal information.
    1. Termination of access

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website. We bear no liability for any costs, losses or damages of any kind arising as a consequence of restricting or terminating access to the Website or any part of the Website.

  1. Amendment of Terms of Use

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

  1. Intellectual property rights
  • All intellectual property rights in all of the software and material made available to you on or through the Website remain the property of us or our licensors, and we (and our licensors) reserve all such rights, except where expressly stated otherwise.
  • All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property, trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
    1. Severability

If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use, and the severed part will not affect the validity and enforceability of any remaining provisions.

  1. Jurisdiction
  • These Terms of Use will be governed by and interpreted in accordance with the law of Victoria and of Australia, without giving effect to any principles of conflicts of laws.
  • You agree to the jurisdiction of the courts of the State of Victoria (Australia) to determine any dispute arising out of these Terms of Use.
    1. Uploading information

You represent and warrant in relation to any material or information you provide to the Website that:

  • you are authorised to provide the material or information;
  • the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
  • the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
  • the material or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
  • the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.

We make no warranty that we will retrieve information which has been deleted or removed or that such information is retrievable.

  1. Licence to use intellectual property

By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trademarks and service marks (Intellectual Property) on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:

  • 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
  • allow us to sub-licence others the same rights granted to us in clause 13(a) above.
    1. Removal of information

In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.

  1. Limitation of liability – Website Material

We and our 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 or information supplied in respect of advertising on this Website; and
  • as a consequence of removing any material or information from this Website.
    1. Indemnity

You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from, in connection with or in respect of:

  • any breach of these Terms of Use by you; and
  • publication of or distribution of the material or information supplied by you.