Terms and Conditions
GENERAL TERMS AND CONDITIONS
The following terms and conditions will apply to all uses of the www.winevine.tv website (“the Website”), published by Brand New Media Pty Ltd (ABN 57 112 216 136) and its related entities (“we/our”).
Specific terms and conditions may apply to particular pages, transactions or services, including (without limitation) where goods or services purchased through the Website are distributed directly by the advertiser, in which case a link to the advertiser’s terms and conditions may be provided.
By viewing and using the Website, you are deemed to have accepted these terms and conditions. We reserve the right to modify these terms and conditions at any time without notice to you, with your acceptance of these modified terms to be deemed by your continuing use of the site.
To the maximum extent permitted by law, we (in relation to ourselves and to our directors and employees) exclude all liability to any person arising directly or indirectly from using the Website and any information or material available from it.
We will endeavour to ensure that information provided by means of the Website is current and accurate, however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.
With the exception of content provided by third parties (see below), information included in the Website represents the views and experience of the proprietor. We have used our best endeavours to ensure that all information and details are correct at time of posting, but do not give any warranties in this regard.
THIS WEBSITE IS NOT A SUBSTITUTE FOR ADVICE PROVIDED BY A HEALTH CARE PROFESSIONAL.
PLEASE NOTE THAT THE INFORMATION PROVIDED BY MEANS OF THE WEBSITE IS GENERAL IN NATURE AND DOES NOT TAKE THE USER’S INDIVIDUAL OBJECTIVES, UNDERLYING MEDICAL CONDITION, OR NEEDS INTO ACCOUNT. USERS SHOULD CONSIDER THE APPROPRIATENESS OF THE INFORMATION IN THE LIGHT OF THEIR OWN OBJECTIVES, HEALTH STATUS AND NEEDS, AND IF NECESSARY OBTAIN RELEVANT PROFESSIONAL ADVICE. THE PROPRIETOR DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM RELIANCE ON THE INFORMATION AND ADVICE SET OUT HEREIN.
Where legislation implies any condition or warranty, and prohibits provisions excluding or modifying our liability under such condition or warranty, the condition or warranty will be deemed to be included in these terms, however our liability for any breach of such condition or warranty, will be limited, at our option to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
The internet operates across insecure, public networks. You assume all risks associated with use of the Website, including risk of your computer, software or data being damaged by any virus, disabling codes, worms or other devices and defects which might be transmitted or activated via the Website, or your access to it or the downloading of files from the Website.
Third party content
The Website features information, data and advertising provided by third parties. This material is provided on an ‘as is’ basis. While we endeavour to ensure that information is provided by reliable sources we do not guarantee accuracy or completeness.
We do not accept liability for any information provided by any third party through the Website, or in relation to any third party properties or services. By featuring such material we do not endorse or recommend the third party or its products or services. We are not responsible for the content on any external websites which may be linked to the Website.
Copyright and Intellectual Property Rights
Except where specified otherwise, all rights (including copyright) in all text, images, content and designs incorporated in the Website are held and reserved by us. You must not download, copy, post, alter, edit, manipulate, republish or communicate such material, except in accordance with any express consent granted by us.
You agree that you will not:
(a) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website or “frame” or “mirror” any part of the Website;
(b) use code or other devices containing any reference to any part of the Website to direct other persons to any other web page;
(c) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;
(d) create derivative works of the Website contentor make the functionality of the Websiteavailable to multiple users through any means;
(e) solicit another user's password or other account information, or harvest user names, addresses, or email addresses for any purpose; or
(f) use the Websitein any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
All rights in the logos, brands, trade marks, and service marks connected with the Website are reserved by us, and may not be used or reproduced except with our written consent.
By subscribing to the Website, you are deemed to consent to us (and our related entities) sending direct commercial messages, by email or any other media, to you that are relevant to the goods or services you have purchased, or which you may be interested in purchasing.
On each email you receive from us, you will be given the opportunity to unsubscribe. Should you wish to unsubscribe, please send a notice to:
Wine Vine TV, Privacy Officer [E: firstname.lastname@example.org / Ph: 02 9431 9055]
We may, from time to time invite you to post comments, upload materials or otherwise make contributions to the Website. In this case, your submissions must:
- be your own, wholly original, works or creations;
- not reproduce material owned by another person, or infringe any right of any other person;
- not be offensive, defamatory, obscene, threatening or otherwise be inappropriate;
- impersonate any other person or entity, or use any fake name or attribution;
- not contain viruses, corrupted files of other software or programs that may damage the operation of our, or any third party’s, computers.
- not promote or advertise any third party product or service (except with our written consent); or
- not interfere with or disrupt the operation of the Website; and
you hereby indemnify us from any cost or damage we incur as a result of your breach of these conditions.
By uploading, transmitting, posting or otherwise making available any material to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate, publish and exploit the material in any form and for any purpose.
We reserve the right to review, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available. We are not responsible for, and accept no liability with respect to such material.
These terms and conditions are governed by the law in force in the state of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts appeal from them for determining any dispute concerning the terms and conditions