Conditions of Use

 

SUNNY ESTATE WINE PTY LTD WEBSITE TERMS OF USE
ACCESS TO THIS WEBSITE IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS.
This website (“Site”) is owned and operated by Sunny Estate Wine Pty Ltd ACN 149 685 969.
By accessing, browsing or using this Site, you agree to be bound by these terms, conditions and disclaimers as amended from time to time (“Terms of Use”).  Please read these Terms of Use carefully before using this Site.  These Terms of Use are in addition to the specific Terms and Conditions of Sale that apply to the provision of the goods and services offered by Sunny Estate Wine Pty Ltd.  If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Site.
Sunny Estate Wine Pty Ltd may amend these Terms of Use from time to time without notice.  Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.
Sunny Estate Wine Pty Ltd reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

 

DISCLAIMER
The information and materials contained in this site and all sites linked to this site (“website”), including text, graphics, links or other items – are provided “As is”, “As Available”. Sunny Estate Wine Pty Ltd does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
Sunny Estate Wine Pty Ltd does not make any representation, warranty or endorsement of any of the products, services or information provided in this website. All products and services sold shall be subject to our Terms and Conditions of Sale
This disclaimer shall take effect to the fullest extent permitted by law.

 

COPYRIGHT NOTICE
The copyright in this website is owned by Sunny Estate Wine Pty Ltd, its agents and/or professional advisors. No part of parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Sunny Estate Wine Pty Ltd or the copyright owner provided that permission is granted to download and print the materials on this website for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Sunny Estate Wine Pty Ltd’s permission, “mirror” any material contained on this website on any other server.

 

TRADE MARKS
The trade marks, service marks, and logos (the “Trade Marks”) used and displayed on this website are registered and unregistered Trade Marks of Sunny Estate Wine Pty Ltd and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of Sunny Estate Wine Pty Ltd or other Trade Mark owner. Sunny Estate Wine Pty Ltd aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Sunny Estate Wine Pty Ltd or the Sunny Estate Wine Pty Ltd logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission. Sunny Estate Wine Pty Ltd prohibits use of the Sunny Estate Wine Pty Ltd logo as a “hot” link to any Sunny Estate Wine Pty Ltd site unless establishment of such a link is approved in advance by Sunny Estate Wine Pty Ltd in writing.

 

EXCLUSION OF LIABILITY
Sunny Estate Wine Pty Ltd shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:
• any access, use or the inability to access or use this website, or reliance on the contents of this website;
• any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
• any use of or access to any other website linked to this website;
• any product, service or information of any merchant or service provider,
• any information contained on this or any other website;
even if Sunny Estate Wine Pty Ltd or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user’s own risks. This exclusion clause shall take effect to the fullest extent permitted by law.

 

MEMBERSHIP AND MEMBER INFORMATION
You may be prompted to register for Membership of this Site and to submit certain information in order to fully utilise the services and facilities provided (“Member Information”).  The Member Information may include, but is not limited to, your name, contact details and credit card details.
Upon becoming a Member, you will create a Member ID and password. You are responsible for maintaining the confidentiality and security of your Member ID and password. You are responsible for any and all activities on this Site which occur under your Member ID and password.
Membership is non-transferable.
Sunny Estate Wine Pty Ltd may terminate your Membership at any time. You may terminate your Membership by written notice to Sunny Estate Wine Pty Ltd.
You are responsible for the content of all Member Information entered on this Site.  All Member Information you enter must be accurate, complete and not misleading.  You are responsible for maintaining and updating your Member Information.
You must indemnify Sunny Estate Wine Pty Ltd for any losses, costs, expenses or damages that Sunny Estate Wine Pty Ltd may suffer or incur if any if the Member Information provided by you is not correct.

 

MEMBER SUBMISSIONS
From time to time, you may be able to post reviews and/or comments regarding the goods and services featured on this Site (“Member Submissions”).  You irrevocably grant to Sunny Estate Wine Pty Ltd a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Sunny Estate Wine Pty Ltd all moral rights in any jurisdiction.
Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Sunny Estate Wine Pty Ltd or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.  If you do, you agree to indemnify Sunny Estate Wine Pty Ltd for any losses, costs, expenses or damages that Sunny Estate Wine Pty Ltd may suffer or incur as a result.
Sunny Estate Wine Pty Ltd reserves the right – but not the obligation – to review, edit or delete any Member Submissions that Sunny Estate Wine Pty Ltd deems to be illegal, offensive, inappropriate or for any other reason.

 

PRIVACY
Sunny Estate Wine Pty Ltd may collect, use, store, record and transmit your personal information entered on this Site.  For further details, please refer to Sunny Estate Wine Pty Ltd’s Online Privacy Policy.  Your continued use of the Site and your provision of your personal information constitutes your approval for Sunny Estate Wine Pty Ltd to deal with your personal information.

 

SECURITY POLICY
When purchasing from Sunny Estate Wine Pty Ltd your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre on 1300 765 663.

 

SPAM
The publication of Sunny Estate Wine Pty Ltd’ email addresses on this Site is to facilitate communications relating to the goods and services supplied by Sunny Estate Wine Pty Ltd.  It must not be inferred as consent by Sunny Estate Wine Pty Ltd to receive unsolicited commercial electronic messages.

 

JURISDICTION
By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria.  If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.