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WEBSITE TERMS AND CONDITIONS

Website Terms and Conditions

  1. Introduction
    1. In these terms and conditions, “we”, “us” or “our” means Moshhes Consultancy Pty Ltd (ACN 614 674 672) trading as “Wine Residents Club” and “you” means the user or viewer of this website.
    2. These terms and conditions apply to the use of this website.  By proceeding to use this website, you acknowledge and accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website.
    3. We reserve the right to revise these terms and conditions from time to time without notice and such revision will take effect when it is posted on this website. Your continued use of this website will be regarded as your acceptance of these terms and conditions as amended.
    4. You acknowledge that the use of some parts or features of this website may be governed by additional terms and conditions. You will be notified when additional terms and conditions apply to your use of this website. If there is any inconsistency between these terms and conditions and any additional terms and conditions, the additional terms and conditions prevail to the extent of any inconsistency.
  1. Website content and access
    1. All information provided on the website has been prepared in good faith and with due care. However, we do not warrant the accuracy, reliability, adequacy, or completeness of any of the website content.
    2. The website is subject to change at any time without notice and may not necessarily be up-to-date or accurate at the time you view it.
    3. We do not warrant that access to this website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses this website or any data on such a computer.
    4. We may terminate or suspend, at any time in our absolute discretion and without notice to you, your use of this website and/or the services offered by it.
  1. Sharing of Content and information
    1. This website may provide you and visitors to various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with this website from time to time.
    2. In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licences set out in these terms and conditions in respect of that User Content.
    3. You will not upload, post, or otherwise make available on this website any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right. Your User Content must be on-topic and constructive and not contributed with the intention of disrupting our users or causing harm or offence to anyone.
    4. We have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, and monitor the User Content.
    5. For User Content that is covered by intellectual property rights, like comments and articles (IP Content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty-free, worldwide license to use any IP Content that you post on this website (IP Licence).
    6. It is your responsibility to ensure that your User Content does not breach any applicable law or rights. You agree that your User Content does not defame any person, breach anyone’s intellectual property rights or confidentiality, breach privacy laws, contain links, advertising or marketing material or spam, defame or harass any person or include any material that contains any virus or computer code file or computer program designed to impair any of the performance of this website or computer, software or telecommunications device.
    7. When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    8. When you publish content or information on this website, it means that you are allowing everyone to access and use that information, and to associate it with you.
  1. User Information
    1. Some functionalities of the website may require the transmission of information provided by you, including your name, password, address, phone number and e-mail address (User Information). If you use such functionality, you consent to the transmission of User Information to us, our agents, business partners, and/or service providers and authorises us, our agents, business partners and/or service providers to record, process and store such User Information as necessary for the functionality of this website or for such purposes this website is designed for.  
    2. You are solely responsible for the maintenance of the confidentiality and security of any User Information transmitted from or stored on a device for purposes of our website, for all transactions and other activities undertaken with us, whether authorised or unauthorised. You agree to immediately notify us of any unauthorised transactions associated with this website, including breach of security. We shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a device or from unauthorised or fraudulent transactions associated with this website.
  1. Collection and use of non-personal information
    1. We may collect, use and disclose non-personal information, which will include technical, data and related information on this website and your use of this website, to facilitate market research, advertising, marketing and promotion of products and services, and ongoing development, quality assurance and updating this website. You agree that this information can be collected, used, and disclosed by us so long as it is not personal information.
    2. We may collect, use and disclose non-personal information about your content preferences selected this website for the purposes of enabling us to send you notifications and to facilitate market research, advertising, marketing and promotion of products and services, and ongoing development, quality assurance and updating this website. You agree that this information can be collected, used, and disclosed by us so long as it is not personal information.
  1. Programs, events, and functions 
    1. We run various programs, events, and functions. Should you choose to participate in or attend any of these programs, events, or functions, you do so at your own risk. 
    2. The programs, events and functions we run may have their own specific terms and conditions, which are separate and in addition to these terms and conditions. Where an inconsistency exists between the program, function or event terms and these terms and conditions, the program or event terms will prevail.
  1. Hyperlinks, Advertising, Sponsors and Third-Party Content
    1. This website may contain the content of third parties (Third Party Content). This content may include, but is not limited to, hyperlinks to external third-party websites, paid advertisements and mention of program sponsors. None of these things is to be taken as an endorsement, recommendation, or approval of those third parties, advertisers or sponsors or their products or services. Reference to brands, products and services is for the purposes of providing information only.
    2. We accept no responsibility for the accuracy, currency, or suitability or otherwise regarding Third Party Content. Any use or reliance on such content is at your own risk and we do not accept liability for any loss, damage, costs, or expenses arising as a result of your use or reliance.
    3. Where hyperlinks to third party websites are provided, we make no claims regarding the suitability or otherwise of the third party’s products or services to your needs, nor does it warrant the third party website is free of viruses, Trojans or other malicious software or malware.
  1. Intellectual property
    1. Unless stated otherwise, the materials displayed on this website, including without limitation, all information, designs, images, names, logos and trademarks, are owned by us or our affiliates and are protected by copyright, trademark and other intellectual property laws.
    2. Access to this website is for personal use only.  You may print or download a copy of the materials displayed on this website for personal use only.
    3. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or as expressly authorised by these terms and conditions, you must not copy, distribute, republish, download, display, post or transmit any information contained on this website in any form or by any means without our prior written consent.
  1. Specific warnings
    1. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, 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 websites.
    2. We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
  1. Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

  1. Limitation of liability

To the maximum extent permitted by law, we exclude completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of profits) however caused (including by negligence) arising out of or in connection with the website content and the use or performance of this website.

  1. Governing law
    1. These terms and conditions are governed by the law of South Australia.
    2. The parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia and the South Australian division of the Federal Court of Australia, and the courts of appeal from them.
    3. No party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
  1. General
    1. A party may only waive a breach of these terms and conditions in writing signed by that party or its authorised representative. A waiver is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches).
    2. Those parts of these terms and conditions which by their nature continue after termination, nevertheless, survive any such termination.
    3. If any of these terms and conditions are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.