Terms and Conditions

 

These Terms and Conditions of Use (Terms of Use) apply to the Riverland Wine website located at www.riverlandwine.com.au, and all associated websites and sub-domains (collectively, the Site). The Site is the property of the Riverland Winegrape Growers’ Association Inc (ABN 43 199 736 228) and the Riverland Wine Industry Development Council (ABN 49 007 478 256) (collectively, Riverland Wine, our, us, or we).

Riverland Wine provides winegrape growers and wineries with industry related resources such as membership services, advocacy, news, education, reports, events and products (Services) in furtherance of its Mission and Direction. Your use of the Site and its content (including text, images, media, sound, video or downloadable documentation (Content) is governed by these Terms of Use. By using this site, you agree to these terms of use; if you do not or cannot agree, do not use the site.

1.               AMENDMENTS

1.1            We may from time to time change, modify, add or remove portions of these Terms of Use. Amendments will be effective immediately upon notification on the Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Any changes to ongoing costs or automatic payments will be notified to you directly, by the email provided to us, before coming into effect.

2.               ACCESS TO SITE

2.1            As long as you comply with these Terms of Use, we grant you (as the User of the Site) a personal, non-exclusive, non-transferable, limited licence to access and use the Site.

2.2            We do not guarantee that the Site:

2.2.1          will be accessible or functional (whether wholly or partly) at all times; or

2.2.2          is free from viruses or anything else which may damage any computer which accesses our Site or any data on such a computer.

2.3            You are responsible for configuring the technology you use to access our Site. You should use your own virus protection software.

2.4            We may suspend or withdraw or restrict the availability of all or any part of our Site for business, operational or any other reason at any time. We will try to give you reasonable notice of any suspension or withdrawal (but are not required to do so).

2.5            You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

3.               ELIGIBILITY TO USE SITE

3.1            Our Site is only intended for use by users who are at least eighteen (18) years of age (or the age of majority in the place they access the site from). We do not represent that the Content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

3.2            By accessing the Site, you warrant that you are 18 years of age or older, and that your access to the Site does not breach any Australian or relevant other jurisdiction’s law.

4.               CONTENT & INTELLECTUAL PROPERTY RIGHTS

4.1            We are the owner or the licensee of all intellectual property rights in the Content and the Site.

4.2            Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Site or our Services.

4.3            Where you upload information and data to our platforms and Site, you:

4.3.1          warrant that you have a right to provide us with that information and data;

4.3.2          warrant that our storage and processing of that information and data will not infringe any third party’s legal rights;

4.3.3          grant us with a perpetual, royalty-free, world-wide, assignable and sub-licenceable licence to use that information and data for the purpose of providing you, our Members and others with our Services and Content, and for our own internal purposes.

4.4            Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, our Site or platforms, in whole or in part.

4.5            You agree that you will not seek to reverse engineer, decompile or otherwise reproduce the Site or any of our Services or Content.

4.6            You must not use our name, all related names, logos or trade marks, or the trade marks of our affiliates or licensors without our consent.

4.7            You agree to not offer our Services or Content for resale to any third party.

4.8            If we provide social media features such as the ability to share our Content, you may take such actions as are enabled by such features but only using such tools or methods as we provide.

5.               LINKED SITES

5.1            This Site may contain links to other Sites (including banner advertisements and sponsored links) (Linked Sites), which are not operated by us, as well as resources provided by third parties.

5.2            Such Linked Sites are not under our control and are provided for your information only and should not be interpreted as approval by us of those Linked Sites or information or material contained on them. We accept no responsibility for them or for any loss or damage that may arise from your use of them. We have no control over the contents of those sites or resources, and you access and interact with such Linked Sites entirely at your own risk and subject to the terms and conditions of use for those Sites.

6.               MEMBERSHIP

6.1            Our Services and Content are offered on a membership basis. You will automatically be given access to certain Services and Content when you pay the annual contribution fee (Fee) under the South Australian Primary Industry Funds Scheme (Membership).

6.2            If you fail to pay the Fee, your access to the Services may be terminated by us without notice. In the event that you apply to the Minister for Primary Industries and Regional Development for a refund of the Fee, you will lose your access to the Services and Content.

6.3            Non-members are able to gain access to a particular Service which may from time to time be contingent upon payment of an applicable fee.

6.4            You are responsible for ensuring that the Services and Content we provide are appropriate for you and your business.

6.5            We take no responsibility for inability to supply any Service and or Content for reason of events that are beyond our reasonable control. Where we hold events, we will only provide refund or exchange of a ticket if an event is cancelled or rescheduled (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including Australian Consumer Law).

7.               ACCOUNTS, PASSWORDS AND SECURITY

7.1            Access to Member restricted Services and Content requires you to create an account. You are responsible for maintaining the confidentiality of the information used to access your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.

7.2            You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your account profile, password or account as a result of your failing to keep your account information secure and confidential.

7.3            You may not use anyone else’s account profile, password or account at any time without the express permission and consent of the holder of that account profile, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

8.               PRIVACY

8.1            Our Privacy Policy explains what information we collect from you and how we protect it. By using this Site, you consent to the processes described in the Privacy Policy and warrant that all data provided by you is accurate.

8.2            Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. This means that even if a particular transmission is encrypted, you understand that any message or information you send to the Site may be read or intercepted by others.

9.               PROHIBITED USES

9.1            You agree that you will not, and will not allow any other person to:

9.1.1          use the site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);

9.1.2          use the Site to collect or harvest data of other Members;

9.1.3          transmit, or procure the sending of, any advertising or promotional material, to persons whose details you obtained from the Site;

9.1.4          to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

9.2            Additionally, you agree not to:

9.2.1          use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

9.2.2          use any robot, spider data scrapers, viruses or other software which may threaten the integrity and security of Site;

9.2.3          use any manual or automated process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;

9.2.4          introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or which may cause damage to, or violate the privacy of our data of the data of our members;

9.2.5          attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

9.2.6          attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

9.2.7          otherwise attempt to interfere with the proper working of the Site.

9.3            We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

10.            DISCLAIMER

10.1            To the greatest extent permissible by law, we give no warranty and make no representation, express or implied, as to:

10.1.1       the adequacy or appropriateness of any goods or services supplied by us to you for your particular needs or purposes;

10.1.2       the accuracy, reliability, adequacy or completeness. freedom from error of the Content on the Site or any content published by someone other than us;

10.1.3       any implied warranty or condition as to merchantability or fitness of any products or other goods or services for a purpose other than that for which they are commonly used;

10.1.4       the appropriateness of the Services and Content for your business or personal needs, or other applications of that product.

10.2            To the greatest extent permitted by law, we exclude all liability in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss or damage to property, injury, damage to reputation, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with the Content, your use of the Site or the Services you access from or through us.

10.3            In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the greatest extent permitted by law, to the value of the Services you have purchased, or the resupply of those Services.

11.            INDEMNITY

11.1            To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Site or Services and Content provided by us, of infringement of any intellectual property or other right (including privacy rights) of any person. This includes any claim that we have collected Sensitive Information from an individual without their consent as you must warrant that you have that individual’s consent before you upload anything to our servers.

11.2            Use of the Services may pose a risk to your safety and that of others. You agree that you will take reasonable precautions in using the Services, including, but not limited to following all instructions and manuals provided with the Services  (if any).

11.3        You agree to hold us, our officers, agents and employees harmless from any loss or damage suffered by you in using a product the Services or Content provided by us.

12.            COMPLAINTS

12.1            We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints, feedback or comments by emailing web@riverlandwine.com.au.  We will endeavour to respond to you within five (5) Business Days.

12.2            If a dispute arises out of or in connection with these terms of use or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

13.            Severance

13.1            If any of these terms of use are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.

14.            No waiver

14.1            No waiver by us, in exercising any right, power or provision in this document shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.

15.            Permitted assigns

15.1            We retain the right to assign, delegate or novate these Terms of Use without notice.

15.2            You may not assign, delegate or novate these Terms of Use to any other person or body corporate without our prior written authority (which may be withheld).

16.            Entire agreement

16.1            These Terms of Use record the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.

17.            Governing law and jurisdiction

17.1            These Terms of Use and any transactions governed by it will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia.

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