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This Web Site is owned and operated by Cellarmaster Wines Pty Limited
(ABN 950 767 279 49)
Use of this Web Site is subject to the Terms of Use.
Cellarmaster Wines is not liable to you or any other for any loss in connection
with the use of this Web Site or a Linked Web Site. This general disclaimer
is not restricted or modified by any of the following specific warnings
and disclaimers. Please read the full Terms of Use.
Please note: Cellarmaster Wines reserves the right to amend the Terms
of Use at any time. However, since you are bound by these Terms of Use
you should periodically refer to them.
DISCLAIMER OF LIABILITY
General Disclaimer
We are not liable to you or anyone else for any Loss in connection with
use of this Web Site or a Linked Web Site.
This general disclaimer is not restricted or modified by any of the following
specific warnings or disclaimers.
Specific Warnings and Disclaimers
The Trade Practices Act and similar State and Territory legislation in
Australia may confer rights and remedies on you in relation to the provision
by us of goods or services on the Web Site, which cannot be excluded,
restricted or modified. We do not exclude these rights but do exclude
all other conditions and warranties implied by custom, law or statute.
We are not liable to you or anyone else if interference with or damage
to your computer systems occurs in connection with use of this Web Site
or a Linked Web Site. You must take your own precautions to ensure that
whatever you select for your use from this Web Site is free of viruses
or anything else (such as worms or trojan horses) that may interfere with
or damage the operations of your computer systems. We do not warrant that
your access to the Web Site will be uninterrupted or error free or that
any defects will be corrected.
We may, from time to time, change or add to this Web Site (including these
Terms of Use) or the information, products and services without notice.
However, we do not undertake to keep this Web Site updated. We are not
liable to you or anyone else if errors occur in the information on this
Web Site or if that information is not up-to-date.
Under no circumstances (including but not limited to any act or omission
on the part of Cellarmaster Wines) will Cellarmaster Wines be liable for
any indirect, incidental, special and/or consequential damages or loss
of profits whatsoever which result from any use or access of, or any inability
to use or access, the Web Site.
To the fullest extent permitted by law, Cellarmaster Wines liability for
breach of any implied warranty or condition which cannot be excluded is
limited at the option of Cellarmaster Wines to the following:
- In the case of services supplied or offered by Cellarmaster Wines,
(a) the supply of the services again, or (b) the cost of having services
supplied again; and
- In the case of goods supplied or offered by Cellarmaster Wines, (c)
the replacement of the goods or the supply of equivalent goods, (d)
the payment of the cost of the replacing the goods or acquiring equivalent
goods,
In these Terms of Use, certain words (particularly capitalised ones)
may have special meanings. If they do these special meanings are set out
in the "General" section.
The Terms of Use are effective until terminated by Cellarmaster Wines
and Cellarmaster Wines may terminate this agreement and your access to
the Web Site at any time without notice. In the event of termination you
are no longer authorised to access the Web Site, but all restrictions
imposed on you and all disclaimers and limitations of liability set out
in the Terms of Use will survive.
COPYRIGHT
This Web Site is our copyright property.
You are provided with access to it only for your personal and non-commercial
use.
Other than for the purposes of and subject to the conditions prescribed
under the Copyright Act 1968 or any other applicable legislation throughout
the world, you may not, in any form or by any means:
- Adapt, reproduce, store, distribute, transmit, print, display, perform,
publish or create derivative works from any part of this Web Site; or
- Commercialise any information, products or services obtained from
any part of this Web Site without our written permission.
TRADE MARKS
These trade marks and other Cellarmaster Wines products and services referred
to in this Web Site are trade marks of Cellarmaster Wines.
Other product and company names mentioned in this Web Site may be the
trade marks of other people or entities.
Nothing contained in the Web Site should be construed as granting any
licence or right of use of any trade mark or part of any trade mark displayed
on the Web Site without the express written permission of Cellarmaster
Wines.
LINKED WEB SITES
This Web Site may contain links to Linked Web Sites. Those links are provided
for convenience only any may not remain current or be maintained.
Links to those web sites should not be construed as any endorsement, approval,
recommendation or preference by us of the owners or operators of the sites,
or of any information, products or services referred to on those other
sites unless specifically stated.
Unless otherwise stated the Linked Web Sites are not under the control
of Cellarmaster Wines and Cellarmaster Wines is not responsible for the
contents of any Linked Web Site. You link to any such web site at your
own risk.
COOKIES
This web site only uses session cookies and are only used to let our site
know that you are the same person wherever you go on our site during a
session. For example, if you put a case of Premium Red wine in your shopping
bag and go to check out, we need to know that it is you on the check out
page and you have ordered a case of Premium Red wine.
Upon closing your browser the session cookie set by this web site is destroyed
and no personal information is maintained which might identify you should
you visit our web site at a later date.
Session cookies are short-lived, are used only during a browsing session,
and expire when you quit your browser.
GENERAL
In this Web Site:
"Cellarmaster Wines" means Cellarmaster Wines Limited ACN 000
074 573 and its subsidiaries unless otherwise specified.
"Linked Web Sites" means web sites of persons or entities other
than Cellarmaster Wines which are hyperlinked from this Web Site.
"Personal Information" means any information from which your
identity is apparent or can be reasonably be ascertained.
"Web Site" means the whole or any part of the web pages located
at www.davidjones-wineclub.com.au (including the lay-out of this Web Site,
individual elements of the Web Site design, underlying code elements of
this Web Site, or text, sounds, graphics, animated elements or any other
content of this Web Site.)
"We" and "us" refer to Cellarmaster Wines, and "our"
has the same meaning.
These Terms of Use are governed by the laws in force in New South Wales,
Australia and you irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of New South Wales, Australia and any courts
which may hear appeals from those courts.
Nothing contained in these Terms of Use derogates from Cellarmaster Wines
right to comply with law enforcement requests or requirements relating
to your use of this Web Site or information provided to or gathered by
Cellarmaster Wines with respect to that use.
© 2002 Cellarmaster Wines Limited
All rights reserved. Not to be reproduced without consent.
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