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Conditions of Use

By using the Tenafeate Creek Wines web site or any Tenafeate Creek Wines service you agree to the following conditions:

Copyright & Trade Marks

Our copyright

Tenafeate Creek Wines Pty Limited ABN 67 073 299 475 owns all copyright and other intellectual property in this web site and in the material and works that comprise the web site.
You may only copy or use any of the material or works in which we have rights if you:
  • Copy or use it for non-commercial purposes;
  • Do not modify it or change the way it appears;
  • Include the copyright notice © Tenafeate Creek Wines Pty Limited 2000 and any other relevant intellectual property notice in each copy or use;
  • Comply with all relevant copyright, trade mark and other intellectual property laws;
  • Do not use it in a way which is illegal or which infringes or violates Tenafeate Creek Wines or any other rights; and
  • Comply with Tenafeate Creek Wines Terms of Use;

Copyright of third parties

You may be allowed to post reviews, comments or other material on the Tenafeate Creek Wines web site. If you do so, you:

  • Grant Tenafeate Creek Wines a perpetual, non-exclusive, unrestricted, international licence ("the licence") of all your rights in the material to use, copy, publish, distribute and sub-licence it in any way;
  • Acknowledge that Tenafeate Creek Wines is not required to pay any fee or royalty for the licence, other than any benefit (such as Loyalty Program points) that you are entitled to under Tenafeate Creek Wines Terms of Use;
  • Promise that you own all the intellectual property and other rights in the material and that, in granting the licence, you are not causing or allowing the rights of any other person, corporation or entity to be violated or infringed in any way, including, but not limited to, defaming them;
  • Agree to indemnify Tenafeate Creek Wines against any loss, damage or claim we suffer, including legal costs and expenses, as a result of you breaching these conditions;
  • Agree not to post any material that is or may be considered to be unlawful, distasteful, offensive, pornographic, threatening or in the nature of advertising or promotion that is not permitted by Tenafeate Creek Wines Terms of Use;
  • Agree not to post any material that contains any virus or other code or instruction that may harm any computer system;
  • and Acknowledge that Tenafeate Creek Wines may remove any material from the Tenafeate Creek Wines web site at any time and in its complete discretion. Your copyright Tenafeate Creek Wines respects the copyright and other intellectual property rights of others.

If you believe that we are infringing your rights in any way, please contact us immediately so that we can discuss and, if appropriate, try to remedy the matter.

Trade marks

Tenafeate Creek Wines Pty Limited owns the following trade marks:

Where indicated ®, the trade marks are registered in Australia. In addition to complying with the conditions set out above with regard to intellectual property rights, you must only use Tenafeate Creek Wines trade marks or apply them to any goods or services if the use or application:

  • Is on or to Tenafeate Creek Wines goods or services;
  • Does not or is not likely to deceive or confuse consumers;
  • and Is authorised by us in writing, is subject to our control and complies with any other conditions which we stipulate.

Other trade marks on the site are the property of their respective owners and you must not use them in any way unless you have the express authority of those owners.

System related losses

You should ensure that your computer, software and systems are protected against viruses and other damage that they may sustain.
Tenafeate Creek Wines does not make, and expressly disclaims, any representation or warranty that:

  • Its computers and systems are free from viruses or other code or instructions that may cause damage to computers, software or computer systems; and
  • Its computers and systems will operate without interruption to service.

Tenafeate Creek Wines expressly disclaims all liability for any losses you suffer or incur as a result of any interruption to service or any virus or other code or instruction causing damage to computers, software or computer systems.

Release and Indemnity

As far as the law allows, you release Tenafeate Creek Wines from any liability or claim in connection with any matter for which Tenafeate Creek Wines expressly disclaims liability on this page.

You indemnify Tenafeate Creek Wines, and will keep us indemnified, against any claim or liability for losses suffered or incurred by any third party in connection with your use of the site or Tenafeate Creek Wines goods and services.

Disclaimer

By using the Tenafeate Creek Wines web site or any Tenafeate Creek Wines service you agree to Tenafeate Creek Wines Terms of Sale and to the following conditions:

Limitation of liability

At Tenafeate Creek Wines, we are committed to creating and serving a community of wine lovers and producers. We do everything we reasonably can to make sure that all our goods and services are of exceptional quality and that the information on the Tenafeate Creek Wines web site is accurate and complete, HOWEVER:

Tenafeate Creek Wines liability with regard to any of our services is limited to:

  • Supplying the services again; or, at our option,
  • Paying the cost of having the services supplied again.

Tenafeate Creek Wines liability with regard to any goods we supply is limited to:

  • Replacing the goods; Repairing the goods;
  • Paying the cost of the goods or equivalent goods;
  • Paying the cost of repairing the goods; or, at our option,
  • Supplying equivalent goods.

Except for the warranties just stated and as far as the law allows us to, Tenafeate Creek Wines disclaims, and you release us from, all liability for any loss, damage, injury, cost or expense ("the losses") you may suffer or incur as a result of or in connection with your use of the site or any of our goods or services. This disclaimer and release (and those following) will be effective no matter what type of losses you suffer or incur and no matter what causes the losses. The following conditions do not detract from the generality of the limitation and disclaimer just stated.

Accuracy and completeness

Tenafeate Creek Wines:

  • Does not make, and expressly disclaims, any representation or warranty that the information provided on this web site is accurate or complete; and
  • Disclaims all liability for any losses you suffer or incur as a result of any inaccuracy or lack of completeness of the information on this web site.

License #

WARNING Under the Liquor Control Reform Act 1998, it is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).

We enjoy wine and appreciate that it enriches and enhances our lives, but we also believe that wine is enjoyed most when it is drunk in moderation. Tenafeate Creek Wines recognises that the community has legitimate fears about the damage caused to individuals, families and society as a whole by excessive or inappropriate consumption of alcohol. We also recognise that the sale of wine by "remote" means, whether over the telephone, by mail order or on the Internet, presents particular problems that are not encountered in over-the-counter sales.

Quantity vs Quality

Tenafeate Creek Wines wants to foster the responsible enjoyment of wine. We encourage people to discover the pleasures of fine wine. By doing so, we believe that we are contributing to a shift in focus from quantity to quality consumption, and that this benefits the whole community. Contact us If you have any questions or concerns about Tenafeate Creek Wines policies for the responsible sale of wine, please contact us to discuss them.

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