TERMS & CONDITIONS
This website and its contents are owned by Tipsy Tart Wines (ABN 40041799714) 4 Moab Place, Figtree NSW 2525 Australian (referred to as 'we' or 'us' below). The use of this website is governed by these terms and conditions of use, as amended by us from time to time. Every time you use this website, you acknowledge to us that you have read and understood these terms and conditions and agree to be bound by them. If you do not agree with any part of these terms and conditions, you must not access or use the website.
AGE REQUIREMENT
You may only access and use this website if you are aged 18 years or over for Australian trading. You must immediately exit the website if you do not meet these requirements.
INTELLECTUAL PROPERTY & RESTRICTIONS ON USE OF CONTENT
Unless expressly stated otherwise, all intellectual property rights associated with this website and its content (including, but not limited to, names, trademarks, logos, photographs, videos, text and other copyright-protected material, and all other intellectual property rights) are owned by us and/or our subsidiaries. You must not use that intellectual property in any way whatsoever, except as expressly permitted by us and/or our subsidiaries in writing, or by applicable law.
TRANSACTIONS ON OUR WEBSITE
If you use this website to purchase goods from us, you may be required to open an account and create a username and password. Your account username and password details must be always kept confidential and secure. You must not allow any other person to use your account, including any person under the age of 18 years. You are solely responsible for all activity that occurs on your account and must notify us immediately if you become aware of any unauthorised access to or use of your account. Our Terms and Conditions of Sale govern any purchases you make from this website, and are incorporated into these terms and conditions by reference.
USER CONTENT
You acknowledge that you have full responsibility for any content (including any statements, suggestions, ideas, graphics, photos or any other material) you send to us, or post to this website. Such user content will remain your property but will not be treated as confidential and may be used by us in any way whatsoever in the future, including in any advertising, even if you subsequently remove it from the website. By submitting content to us, you grant us a non-exclusive, worldwide, perpetual, fee-free, royalty-free, irrevocable and transferable licence to use that content in any way without compensation or credit to you, and irrevocably consent to the modification, adaptation, reproduction, alteration and exploitation of your user content for any purpose and in any media (now known or developed in the future)including but not limited to the reproduction, publication, communication to the public and adaptation of the content and any works derived from it.
You agree not to use this website to post any of the following:
- content that you do not have the right to post, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity;
- content that is unlawful, offensive, abusive, threatening, harassment of any person, defamatory, discriminatory, false or misleading or otherwise objectionable;
- advertising or promotional materials of any kind; or content that contains software viruses or anything harmful to this website or its content.
Please notify us if you become aware of any misuse of the website, or breach of these terms and conditions, by any person.
We reserve the right, in our absolute discretion, to edit or remove any user content from this website at any time, for any reason.
Please notify us if you become aware of any misuse of the website, or breach of these terms and conditions, by any person.
We reserve the right, in our absolute discretion, to edit or remove any user content from this website at any time, for any reason. Please note that you are solely responsible for your interaction with other users of this website, and that we are not under any obligation to become involved in any way in any disputes between you and other users.
PERSONAL INFORMATION & PRIVACY
Any personal information submitted by you on this website is governed by our privacy-policy and the Privacy Act 1988, as amended from time to time. Our Privacy Policy is incorporated into these terms and conditions by reference.
Please note that we may collect non-personal information about you, such as your IP address and browser type, which will be used for any purpose which we determine in our discretion, which may include security purposes, and to monitor usage of, and manage and improve, the website.
COOKIES
Cookies are bits of electronic information that a website can transfer to a visitor’s hard drive to help tailor and keep records of his or her visit to the website. Cookies allow website operators to better tailor website visits to individual preferences. The use of cookies is standard on the Internet and many major websites use them.
Links To Third Party Sites
There may be links to other websites or advertisements of goods and services available from other parties on our website. We are not responsible for those websites, their content or the goods and services available on them.
COMPETITIONS AND PROMOTIONS
This website may contain promotions in relation to our products or those of third parties. The terms and conditions for those promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion, you agree to be bound by the relevant terms and conditions applying to that competition or promotion, which are incorporated into these terms and conditions by reference.
AMENDMENTS
We reserve the right to amend these terms and conditions. It is your responsibility to check these terms and conditions on each occasion that you use the website to ensure that you are aware of any amendments we have made. The revised terms and conditions will be published on the website. Any amendments to the website will only be effective from the date the revised terms and conditions are published on the website, or any future date we specify. If you do not agree to the amended terms and conditions, you must immediately cease using the website and, if applicable, close your website account. Your continued use of the website will constitute acceptance of the amended terms and conditions.
DISCLAIMER
We will take all reasonable steps to ensure that this website is accurate. However, the website and its contents are provided on an “as is” basis, and we are not responsible for any problems, failures, or technical malfunctions of any telephone networks, online systems, servers, providers, equipment or other item related to access or use of the website. We reserve the right to revise the content of, or withdraw access to, this website at any time without notice or liability to you.
To the maximum extent permitted by law, all warranties and guarantees in respect of this website, the information contained in it and the products made available for sale through it, are excluded (including but not limited to warranties or guarantees of acceptability of quality, merchantability or fitness for purpose). We (including our subsidiaries) are not liable for any loss or damage which you may suffer as a result of using this website, to the full extent permitted by law. Without affecting the foregoing, to the extent legally permitted our liability to you in respect of any cause of action whatsoever will at all times be limited to AU$100.
Despite the foregoing, we acknowledge that applicable laws and regulations (including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) may imply certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified (Non-Excludable Guarantees). We do not exclude, restrict or modify the Non-Excludable Guarantees, and nothing in these terms and conditions is intended or is to be construed as doing so. Accordingly, nothing in these terms and conditions affects any remedies available to you at law which cannot be lawfully excluded by us, including in respect of any of the Non-Excludable Guarantees which may be applicable.
INDEMNITY
You agree to indemnify and hold us, our subsidiaries and our officers, agents, partners and employees (those indemnified) harmless, from and against any loss (including legal costs and expenses on a solicitor/own client basis) or liability incurred or suffered by any of those indemnified in relation to any claim, suit, demand, action or proceeding by any person against any of those indemnified arising from your use of the website or any breach by you of these terms and conditions.
GENERAL
These terms and conditions are governed by the laws of South Australia, Australia. You submit to the exclusive jurisdiction of the Courts of South Australia in respect of all matters arising from or connected to these terms and conditions.
Every provision of these terms and conditions is independent of the other. Any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.
You expressly agree and acknowledge that you are not authorised or permitted to bind us in any way whatsoever in relation to any contract or agreement with any third party.
How you can make a Complaint
Please forward complaints in writing to:
Julia Mushet Customer Services Manager
Email: hellotipsytart@hotmail.com
Tel: +61 403251339
Mail: 4 Moab Place, Figtree NSW 2525
Tipsy Tart Wines will endeavour to address these issues within 72 hours of receipt.
You agree that you will do all things necessary to give full effect to these terms and conditions and any transactions contemplated by them.
You acknowledge our right to take action against you to prevent a breach of these terms and conditions and further acknowledge that damages may not be an appropriate remedy in those circumstances. You also acknowledge that our failure to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision.
These terms and conditions, including the documents incorporated by reference, constitute the entire agreement between you and us regarding your access and use of the website, and are accepted by you upon your use of the website and are further affirmed if you create a user account.