Terms and Conditions

By accessing or using the Winestreet Website you agree to be bound by these terms and conditions of use as amended from time to time. If you do not agree to these terms and conditions, you may not use the Winestreet Website.

You represent and warrant to Winestreet that you are at least 18 years of age.

Using our Service

You are responsible for your own use of the Service. You may not authorise others to use the Service in a manner which conflicts with this Agreement.

Registering at the Winestreet Website

You have the option to register your details on the Winestreet Website to use the Services. You must not use false or misleading information when registering or using our Services and you must update your details if they have changed since your last use of our Services. Winestreet is not responsible for any loss or damage which you may suffer because you have not provided complete, accurate and up-to-date information.

When you register, you must choose your username and password. You are responsible for the security of your user name and password. We will assume that anyone using your username and password is authorised by you.

You agree that the Service shall be used for lawful purposes only and that you will not use any obscene or offensive language, or place on the Service any material is false, defamatory, abusive, harassing or hateful.

Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation.

Content and Intellectual Property

The content, layout, design, concept and organisation of the Site (Content) which is or may be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights (Intellectual Property) belonging or licensed to Us.

1. Subject to your compliance with these Website Terms, We grant you a temporary, non-exclusive licence to download, print or otherwise reproduce in unaltered form a single copy of any Content (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use, or for non-commercial information purposes only within your organisation.
2. Certain material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Website Terms.
3. By visiting and using the Site you acknowledge and agree that:
   1. We own all right, title and interest in, or are otherwise licensed to use the Intellectual Property in the Content and you will not do anything to:
   2. hinder, impede, invalidate or challenge Our ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or
   3. which might diminish the value of the Intellectual Property in the Content; and
   4. any use, downloading, copying, adaption, modification, communication, distribution or reproduction of the Site, the Content or the Intellectual Property in the Content other than as expressly permitted by these Website Terms or by law is strictly prohibited, unless you have obtained Our prior written consent (which We can withhold in Our absolute discretion).
4. Where Our Intellectual Property contains any of our registered or unregistered trade marks, you must not use any of those trademarks:
   1. in or as the whole or part of your own trademarks;
   2. in connection with activities, products or services which are not ours;
   3. in a manner which may be confusing, misleading or deceptive; or
   4. in a manner that disparages us or our products or services (including the Site).

You agree to use the Site and it’s Content for lawful purposes only.

You agree and acknowledge that your failure to follow the rules set forth in this Agreement may subject you to civil and criminal liability.

Copyright

The website contains material that is owned by or licensed to Winestreet. This material includes, but is not limited to, the design, layout, appearance and graphics. Reproduction is prohibited unless otherwise stated.

You agree that you shall not upload or otherwise make available to the service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

The burden of determining that any material is not protected rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or proprietary rights.

You hereby grant to Winestreet a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content posted to the service, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or later developed.

This work is © Copyright of Winestreet Australia Pty Ltd, and is protected under the Commonwealth of Australia Copyright Act 1968. Copyright of some materials presented herein may be owned by our contractors and suppliers who have contributed to the content of this site. All registered marks and trademarks mentioned are the property of their respective owners.

Content

The content of the pages of the service is for your general information and use only. It is subject to change without notice.

Winestreet does not provide any warranty or guarantee as to the accuracy, quality or completeness of the information and materials found on the service for any particular purpose.
Your use of any information or materials on the service is entirely at your own risk, for which Winestreet shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the service meet your specific requirements.

Any information or material placed on the Service by users, including ratings, reviews, advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Service Provider.

Errors & Omissions

Any information Winestreet publishes may contain inaccuracies or typographical errors. At our discretion, we may make changes to information we publish at any time without notice.
Links

The service may also include links to other websites. These links are provided for your convenience to provide further information.

Winestreet has not reviewed and does not endorse the content of all sites linked to or from this service and is not responsible for the content or actions of any other sites linked to or from this service. Linking to any other service or site from this service is at your sole risk.

Security

Other than connecting to Winestreet’s cloud based software using a Web browser, you may not attempt to gain access to Winestreet’s operating system by any means including, without limitation, by using administrator passwords or by masquerading as an administrator while using the service or otherwise.

You agree not to disrupt, modify or interfere with the service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the service. You further agree not to alter or tamper with any information or materials on, or associated with, the service.

Privacy Statement

Winestreet recognises the importance of privacy protection, and is subject to, and abides by, the provision of the Privacy Act 1988 (Cth) (“Act”). The information you provide to Winestreet as part of your dealings is defined as “personal information” under the Act.

Winestreet also strives to abide by the Australian Direct Marketing Association (“ADMA”) Code of Practice.

Changes to this Privacy Policy.

Winestreet reserves the right to change this Privacy Policy from time to time without notice. This Privacy Policy was last updated by Winestreet on 19th April 2015

Questions about Winestreet’s Privacy Policy.

If you would like more information about this Privacy Policy, or any other privacy related issue, please contact us on email info@winestreet.com.au

What information is collected?

The personal information Winestreet collects from you generally includes your name, address, telephone number/s, Email Address and information required for order processing and payment. Winestreet may also collect information from you concerning your preferred wine type/s or other related products or services.

How do we collect your personal information?

Winestreet collects your personal information through a range of sources including the membership form you fill in to view our web site and upon joining Winestreet. Information you provide over the telephone to a sales consultant or member of our Customer Service team.

What happens if you don’t provide personal information?

If you can’t or won’t provide Winestreet with the personal information it reasonably requires, we may not be able to provide you with information, products or services you wish to buy or receive.

How do we use your personal information?

Winestreet may use your personal information for a range of purposes including:

1. To provide you with information you request about the products or services we offer members through Winestreet Club Direct marketing.
2. To process and obtain payment for any wine or other products or services you order from Winestreet
3. If necessary, to verify your identity or age (i.e. over 18).
4. To contact you for direct marketing and promotional purposes including providing you with information about new products or services, events, functions and special offers.

From time to time Winestreet may also ask you to participate in surveys or questionnaires. These help us to improve our levels of service and to maximise the opportunities and benefits you can enjoy.

We also send you electronic messages updating you about products, services, offers and specials. By becoming a member of the Winestreet Club you have authorised us to do so. All electronic messages will identify Winestreet, and an option to unsubscribe from email marketing will be available with each electronic message.

Indemnification

You agree that Winestreet is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including but not limited to, infringing, defamatory, offensive or illicit material.

You agree to indemnify that Winestreet and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your submissions, from your unauthorised use of material obtained through the service, from your breach of this Agreement, or from any such acts arising through your use of the service.

If you have any questions or queries regarding the use of this website or the content contained herein, please feel free to contact us.

Responsible Service of Alcohol

Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By opening an account with Winestreet and/or placing an order you are confirming to us that you are at least 18 years of age. Winestreet also recommends that alcohol only be consumed in moderation.

Winestreet has set system defaults to not deliver to any of the dry areas listed below.

• Aurukun Postcode – 4871
• Bamaga Postcode – 4876
• Cherbourg Postcode – 4605
• Doomadgee Postcode – 4830
• Hope Vale Postcode – 4895
• Injinoo Postcode – 4876
• Kowanyama Postcode – 4871
• Lockhart Postcode – 4871
• Mapoon Postcode – 4874
• Mornington Island Postcode – 4871
• Napranum Postcode – 4874
• New Mapoon Postcode – 4876
• Palm Island Postcode – 4816
• Pormpuraaw Postcode – 4871
• Seisia Postcode – 4876
• Umagico Postcode – 4876
• Woorabinda Postcode – 4713
• Wujal Wujal Postcode – 4895
• Yarrabah Postcode – 4871

Disclaimer

• All information, advice or other data on the Site is provided as general information only and should not be relied upon.
• Winestreet makes no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose.
• Winestreet will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site, or the Site’s inability to meet your needs.
• Winestreet will have no control over and are not responsible for the content of any third-party sites linked to or framed within the Site, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Site should not be construed as an endorsement, approval or recommendation by us of the linked web site or its content. We are not responsible for the content or privacy practices associated with linked web sites. When viewing a third party site, you should read the terms, conditions and privacy statements detailed on that site. Your use of or reliance upon such third-party websites is at your own risk.
• Winestreet is based in Victoria, Australia. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to your state or area.
• Your use of and any reliance you place upon the Site and its Content are entirely at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond our jurisdiction and control and that of our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to us.
• Winestreet will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or any linked website.

Liability

To the fullest extent permitted by law:

• All conditions and warranties concerning the Site and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
• In no event will Winestreet (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Site or the Content;
• We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services;
• Any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and
• Remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.

Where legislation implies any condition or warranty which cannot be lawfully excluded or modified, that condition or warranty will be deemed included but our liability will be limited as follows:

• If the breach relates to goods:
• The replacement of the goods or the supply of equivalent goods;
• The repair of such goods;
• The payment of the cost of replacing the goods or of acquiring equivalent goods; or
• The payment of the cost of having the goods repaired; and
• If the breach relates to services:
• The supplying of the services again; or
• The cost of having the services supplied again.

Refund Policy / Quality Guarantee

Winestreet has carefully selected each wine from reputable, well known wineries. As a result we are confident that every wine sent from our warehouse to be as the quality intended by the manufacturer.

In the rare instance that you are not satisfied with a wine purchased from Winestreet then we are more than happy to provide you with a full credit note for further purchases of the relevant wine by you (excluding freight costs). You must let us know that you are not satisfied with the wine within 30 days of buying the wine. Upon receipt of the wines and our immediate inspection we will issue you a credit note which will be redeemable on any of our wines (excluding freight costs). Please note we will only credit unopened bottles plus one opened bottle only.

All credit notes are processed within 7 days from the date that the remaining wines are returned to us.

If Winestreet reasonably believes that a buyer is abusing our Quality Guarantee, Winestreet reserves the right to suspend or cancel the Refund Policy / Quality Guarantee in relation to that buyer, cancel any pending orders and/or close that buyer’s account.

Risk of damage, loss or deterioration to product passes to the buyer upon delivery and therefore no refunds are offered for products that are damaged after delivery.

If you require further information or would like to submit a claim, simply contact a member of our Customer Service Team on info@winestreet.com.au

Breakages

As we use Australia Post for our deliveries we have been guaranteed if a bottle is broken in transportation the whole case will be returned to Winestreet.

If you receive a case of wine with a broken bottle (s), please let us know within 2 working days of the date of delivery. Upon follow up with Australian Post we will issue a credit note for the broken bottle.

Other than in the circumstances outlined above in Refund Policy / Quality Guarantee and Breakages, no returns will be accepted and no refunds will be made in respect of purchases you make via the Winestreet Website.

Changes to Items Listed

We may withdraw and/or re-offer (upon your approval) any item listed for sale on the Winestreet Website if the item:

• becomes unavailable;
• is withdrawn by the manufacturer or supplier; or
• was incorrectly described or listed.