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Terms & Conditions of Cellar Door Society PTY LTD (“Cellar Door Society”)

Cellar Door Society offers users enhanced access to the websites' content via membership. Membership to the website is open to anyone provided they agree to the terms & conditions of the website.

Who are we?

Cellar Door Society PTY LTD (“us”, “we” or “our” as the context requires) is a business providing a wine comparison service in Australia for online purchasing of wine direct from the wine companies which are supply members of our services (“Cellar Door Society Services”) to users via our website, apps and other platforms (“Cellar Door Society Platforms”).

Cellar Door Society is not a supplier of alcohol related products and acts only as an introducer to the products and services of licensed suppliers of alcohol related products. Cellar Door Society is not responsible for providing, or for setting or controlling the prices applicable to, any of the options or products which you may search for, find on and/or book via Cellar Door Society Services or Cellar Door Society Platforms (“Third-Party Travel Products”). All such Third-Party Travel Products are provided by independent operators or other third parties and are subject to the terms and conditions imposed by those third parties.

Using Cellar Door Society Services

You may only use Cellar Door Society Services and Cellar Door Society Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive license to download, access and use Cellar Door Society Services and/or Cellar Door Society Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not:

a) use the Cellar Door Society Services and/or Cellar Door Society Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Cellar Door Society;

b) use the Cellar Door Society Services and/or Cellar Door Society Platforms for any commercial purpose or in any manner which may cause damage to Cellar Door Society or bring Cellar Door Society into disrepute;

c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Cellar Door Society Services and/or Cellar Door Society Platforms, except as permitted by law;

d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Cellar Door Society Services and/or Cellar Door Society Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Cellar Door Society Services and/or Cellar Door Society Platforms;

e) use or interfere with the Cellar Door Society Services and/or Cellar Door Society Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

f) introduce onto, or transmit via, the Cellar Door Society Services and/or Cellar Door Society Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock;

g) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Cellar Door Society Services and/or Cellar Door Society Platforms or pass off or attempt to pass off the Cellar Door Society Services and/or Cellar Door Society Platforms as the product of anyone other than Cellar Door Society;

h) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Cellar Door Society Services and/or Cellar Door Society Platforms or any part thereof.

When you sign up for any feature of, or use, the Cellar Door Society Services and/or Cellar Door Society Platforms that requires the use of a login account or password, you agree that you shall be responsible for keeping those passwords and login details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as you can.

Cellar Door Society Services and Cellar Door Society Platforms are not intended for persons under 18 years of age, and no one under the age of 18 may provide any information to, on or via Cellar Door Society Services and/or Cellar Door Society Platforms. We do not knowingly collect personal information from persons under 18, and if we learn that we have collected or received personal information from a person under 18, we will delete that information in accordance with our privacy policy.

To the extent that any element of Cellar Door Society Services and/or Cellar Door Society Platforms is hosted on a third-party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third-party website, you agree to fully comply with such terms and conditions.

Sharing information with us

We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personally identifiable information which you submit to or via Cellar Door Society Services and/or Cellar Door Society Platforms may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms and with our privacy policy.

To the extent that Cellar Door Society Services and/or Cellar Door Society Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Cellar Door Society or other Cellar Door Society users (“User Content”), you agree that:

a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the license referred to in paragraph (b) below in respect of;

b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Cellar Door Society and its group companies a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing the Cellar Door Society Services and/or Cellar Door Society Platforms;

c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.

To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by email.

Credit card security

Cellar Door Society website does not process any payments for orders. All orders and payments are made via the Stripe platform https://stripe.com/au. We suggest that you review the Stripe Terms & Conditions and Privacy Policy before ordering and giving your credit card details at https://stripe.com/au/privacy & https://stripe.com/payment-terms/legal

Refund policy

Cellar Door Society does not control terms of full or partial refunds with respect to any purchases made. We suggest that you check with the supply member’s Terms & Conditions and Privacy Policy before ordering.

Publishing policy

Cellar Door Society details are published electronically. Part of the content is accessible by members using their personal username and password to login to the membership page on the website. Part of the content is accessible to non-members.

Upon obtaining membership to Cellar Door Society users will receive immediate correspondence to the email address provided, detailing website access information. They will have immediate access to the websites' enhanced content.

Opportunities for promotional offers such as complimentary bottles of wine may be notified by us or the winery of the specified wine.

Member communication

Members may from time to time be sent email updates, reminders and information. We will email members regarding status of their membership, relevant offers and material. All communication includes the option to unsubscribe at any time. We value the relationship we have with our members and do not spam.

From time to time you may receive communications from third party partners. These emails are sent by Cellar Door Society on behalf of third party partners, and no personal information is exchanged between Cellar Door Society and the third party partner. We believe the information contained in emails from our third party partners to be relevant and of interest to our members, and never consent to any third party content which we believe to be spam.

Limitations and exclusions of liability

These Terms set out the full extent of Cellar Door Society’s obligations and liabilities with respect to Cellar Door Society Services and Platforms.

Cellar Door Society has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of Cellar Door Society Services and/or Cellar Door Society Platforms (including, without limitation, any Travel Provider). In the event that you encounter any problems with any reservation you make or attempt to make via Cellar Door Society, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Cellar Door Society. When Cellar Door Society Services and/or Cellar Door Society Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may see advertising material submitted by third parties on Cellar Door Society Services and/or Cellar Door Society Platforms. Each individual advertiser is solely responsible for the content of its advertising material and Cellar Door Society accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Cellar Door Society Services and/or Cellar Door Society Platforms; or (b) any act of God, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, Cellar Door Society Services and/or Cellar Door Society Platforms or any content contained provided therein.

Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

Your liability to us

Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with your use of the Cellar Door Society Services and/or Cellar Door Society Platforms or breach of these Terms.

Termination

Cellar Door Society may, at its absolute discretion, immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. Cellar Door Society may suspend your use of Cellar Door Society Services and/or Cellar Door Society Platforms without notice at any time, without incurring any liability to you whatsoever.

General provisions

You acknowledge that your unauthorized use of Cellar Door Society Services and/or Cellar Door Society Platforms may result in irreparable damage and injury to Cellar Door Society and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorized use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Cellar Door Society Services and/or Cellar Door Society Platforms.

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

These Terms represent the entire agreement between us and you and they supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of Cellar Door Society Services and/or Cellar Door Society Platforms.

We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided below, to the attention of our ‘General Counsel’.

Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.

A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.

These Terms and your use of Cellar Door Society Services and/or Cellar Door Society Platforms shall be governed in accordance with the laws of Victoria, Australia and you are considered to have submitted to the non-exclusive jurisdiction of the alternate dispute resolution protocols as specifically provided by the Australian Disputes Centre (ADC) to resolve any disputes by way of mediation and arbitration which may arise hereunder.

Cellar Door Society Competitions

1. Instructions on how to enter and prize information forms part of these Terms and Conditions. Participation in any competition is deemed as acceptance of these Terms and Conditions.

2. The promoter is Cellar Door Society Pty Ltd (ABN 31 628 696 471) (Promoter).

3. Entry is open to residents of Victoria, Australia, aged eighteen years or over only. Employees of the Promoter and their immediate families, suppliers, associated companies and agencies are ineligible to enter. Persons under the age of 18 years are not considered adults and therefore are not able to enter. If a winner is discovered to be under 18, they will automatically be disqualified.

4. Promotion commences and closes on the dates shown. Only the winner(s) will be notified by email or direct message through a social media platform and must respond within 48 hours or the prize may be re-allocated. Relocation will be based on remaining competition entrants.

5. The Promoter reserves the right to modify, suspend or terminate the competition without notice.

6. Prizes can only be sent to addresses in Australia and any tickets are only valid in Australia.

7. These Terms & Conditions will bind this and any future entry by you into a competition on this site and may be updated from time to time.

Copyright

All content on Cellar Door Society is subject to copyright and we take breaches of copyright very seriously.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publishers and copyright holders. The moral right of the author has been asserted. While every care is taken to ensure the accuracy of the data within this product, the owners of the data do not make any representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and, to the extent permitted by law, the owners of the data disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages, (including indirect or consequential damages) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason.

Privacy policy

View our privacy policy here

Contact Us

If you require further information about Cellar Door Society or have any suggestions concerning how to improve Cellar Door Society Services and/or Cellar Door Society Platforms, please contact us via email at [email protected]

Cellar Door Society PTY LTD