Wine Lovers Terms & Conditions

1) Definitions & Interpretation

1.1) Definitions

In these Terms:
Goods means any goods that WL has agreed to supply to You;
GST means:

  1. the same as in the GST Law;
  2. any other goods and services tax, or any tax applying to these Terms in a similar way; and
  3. any additional tax, penalty tax, fine, interest or other charge under a law of such a tax;


GST Law means the same as ‘GST law‘ in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Hacking has the meaning given to it by Clause 6.1 of these Terms;
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, moral rights, trade marks, designs, patents, business and domain names, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;
Member means a person or organisation that has completed the registration details on the Website;
Order means any request for the supply of Goods received by WL from You;
Parties means the parties to these Terms, namely You and Us;
Price means the amount payable by You to Us for the Goods and Services;
Services means services provided by Us to You in relation to any Goods supplied by Us;
Share has the meaning given to it by Clause 5.1 of these Terms;
Terms means these Terms and Conditions and any other terms or policies of WL published on the Website from time to time;
Us means WL, including our directors, officers, employees, affiliates and agents;
Voucher has the meaning given to it by Clause 15.1 of these Terms;
Website means this Website and any pages or websites under WL’s brand that is owned and/or operated by Us (together, the ‘ Website ’), whether You use them as a guest or a registered Member;
Website Content has the meaning given to it by Clause 3.1 of these Terms;
WL means Wine Lovers Warehouse Pty Ltd ACN 119 286 163 , including Our directors, officers, employees, affiliates and agents; and
You means any person, firm or corporation including successors, administrators and assigns who uses the Website, including Your officers, employees, contractors, associates, affiliates or agents. By law, alcoholic beverages can only be sold or supplied to persons 18 years of age and over. By using the Website, You confirm You are at least 18 years of age.

1.2). Interpretation


In these Terms, unless the context otherwise requires:

  1. headings and notes in square brackets are for convenience only and do not affect the interpretation of these Terms, except for the purpose of rectifying any erroneous cross-reference;
  2. words importing the singular include the plural and vice versa;
  3. words importing a gender include all genders;
  4. a reference to a paragraph, clause, or schedule is a reference to a paragraph, clause, or schedule to these Terms, unless otherwise stated;
  5. references to any document or agreement include references to such document or agreement as amended, novated, supplemented, varied or replaced from time to time;
  6. all monetary amounts referred to in these Terms are in AUD or Australian currency unless expressly stated otherwise; and
  7. a reference to a Party to these Terms includes that Party’s legal successors (including executors and administrators) and permitted assigns.


2) Application and Your Communications

  1. These Terms apply to Your use of the Website whether You use them as a guest or a Member.
  2. Please read these Terms carefully before You use the Website. By using the Website, You agree that You will be bound by and comply with these Terms. If You do not agree to these Terms, please do not use the Website.
  3. We reserve the right to change these Terms at Our discretion, and will publish such changes on the Website. You agree that any changes published on the Website will be effective immediately and that Your continued use of the Website constitutes Your acceptance of the changed Terms. It is Your responsibility to ensure that You are aware of the current Terms.
  4. When you visit Our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  5. Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information ( Communications ), so long as the Communication is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation.
  6. You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
  7. We reserve the right (but not the obligation) to remove or edit your Communications, but we do not accept any responsibility to regularly review the Communications.
  8. If you do Communicate with us, you grant Us and Our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications throughout the world in any media.
  9. You represent and warrant that you own or otherwise control all of the rights to the Communications that you post; that the content is accurate; that use of the Communications you supply will not cause injury to any person or entity; and that you will indemnify Us or Our affiliates for all claims resulting from Communications you supply. We take no responsibility and assumes no liability for any Communications posted by you or any third party.
 

3) Website Content

  1. The information, content, materials, Goods and Services at the Website ( Website Content ) are provided "as is" without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of Intellectual Property Rights. WL’s obligations with respect to its Goods and Services are governed solely by the agreements under which they are provided, including these Terms, and nothing on the Website should be construed to alter such agreements.
  2. We do not warrant the accuracy and completeness of the Website Content.
  3. We may make changes to the Website Content, or to the Goods and Services described in them, at any time without notice.
  4. The Website Content may be out of date, and We make no commitment to update the Website Content.
  5. Information published at the Website may refer to goods, programs or services that are not available in Your state and/or region. Contact WL for information regarding the Goods and Services that may be available to You.
  6. The Website is provided by WL in good faith but We do not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Website or the Content or any websites to which the Website is linked, and all warranties and representations are hereby excluded to the extent permitted by law.
  7. The Website Content does not constitute advice and should not be relied upon in making, or refraining from making, any decision.
  8. To the extent permitted by law, WL hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Website Content, the Website and/or any website to which the Website is linked, or any action taken (or refrained from being taken) as a result of using any of these.
  9. Parties other than WL and its affiliates may sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of third parties.
 

4) Liquor Licensing Act

We support the Responsible Service of Alcohol.

Victoria:  WARNING: Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600).

New South Wales:  Liquor Act 2007. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.

Western Australia:  WARNING. Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

South Australia:  Liquor Licensing Act 1997, Section 113. Liquor must NOT be supplied to persons under 18.

Queensland:  Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.

The sale of the Goods from this Website is made at Our licensed premises attached to the licence number 32057037. Your contract of sale is with Wine Lovers Warehouse Pty Ltd. Accordingly, Your offer to purchase the Goods by placing an Order, is subject to acceptance of Your offer by Wine Lovers Warehouse Pty Ltd, certification and evidence of You being over 18 years of age, the availability of the Goods which is the subject matter of Your offer being ascertained and appropriated at the abovementioned licensed premises attached to the license number 32057037.

 

5) Delivery Information

5.1) Australia Post eParcel Delivery Service

We use the Australia Post eParcel Delivery Service. Your Order can be monitored by you from Your computer. Upon request We will send You an Australia Post Delivery Number and a link to the Australia Post Parcel Tracking Website. Alternatively, You will recieve an email from Australia Post after placing Your Order containing Your Consignment Number. PLEASE NOTE: 1. Calls cannot be made prior to delivery. 2. Wine can not be left outside the boundary line of a property. 3. 'Special Delivery Instructions' are a guide, it is not a guarantee that these instructions will be followed. Due to OH&S it is at the driver's discretion as to whether they deem the instructions safe to adhere to. 4. If You are not in attendance when delivery is attempted and no authority has been provided to leave the items without a signature, the consignment will be returned to Your Local Post Office to await collection. A card will be left in Your letter box to advise of the collection point. Australia Post will not re-deliver once an item has been carded awaiting collection. 5. We and Australia Post will not be held responsible for any missing goods when authority has been provided for Your goods to be delivered without a signature. 6. All deliveries that are returned to sender due to incorrect addresses provided by You will be charged a $15.00 per case re-dispatch fee. 7. Wine cannot be delivered to persons under 18 years of age. 8. Delivery to the door may not occur in some rural locations. 9. We do not deliver wine outside Australia.

5.2) Delivery Times

We use Australia Post to deliver all out wines throughout Australia. We have a daily pick-up arranged with Australia Post. Please allow for the following estimated delivery times when placing your wine order: For deliveries within Victoria, please allow 3-5 working days. For deliveries outside Victoria, please allow 5-10 working days.

5.3) FREE Delivery to most areas

To find out if you are eligible for free delivery, please check our website by entering your postcode in the space provided at check out.

FREE Delivery covers most areas within Australia with the following exclusions: Tasmania $12.00 per case, Perth Metro $12.00 per case, Western Australia Country $18.00 per case, Northern Territory $36.00 per case.

5.4) Delivery Conditions

  1. You are responsible for providing correct delivery details and for making all necessary arrangements with Us. Our obligation to deliver shall be discharged on the arrival of the Goods at the nominated delivery destination, nominated agent or carrier or the address appearing on the invoice delivered upon arrangement at the time of purchase, Our approval.
  2. We reserve the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, You must not refuse to take delivery of the Goods.
  3. We will make reasonable efforts to have the Goods delivered to You by the delivery dates or within the delivery timeframes, but We are not liable for any loss or damage that may be suffered by You if delivery is not made by the delivery date or within the delivery timeframe.  
  4. Any adult person who receives the Goods at the delivery address is deemed to be authorised to receive the Goods on Your behalf. We may require that the person who accepts delivery of the Goods provide proof of age. The Goods will not be delivered to persons under the age of 18 years or to persons who fail to provide satisfactory evidence that they are aged 18 years or over.
  5. We are excused from performing Our supply obligations where we are prevented from doing so by reason of events beyond Our reasonable control. We will endeavour to notify You of the delay and its expected duration ( Force Majeure ). In the event of a prolonged Force Majeure, We may elect to cancel the Order without liability to You other than a refund of Your less any delivery costs.  

5.5) Alcohol and Dry Area Restrictions

Delivery of Freight into the areas specified is restricted and the Supplier and it’s couriers will not deliver to the following dry zones; (i) Northern Territory - all; (ii) Queensland – 4605, 4713, 4816, 4825, 4830, 4871 and 4876; and (iii) Western Australia – 6798 and 6799.

5.6) Inspection on Delivery

  1. It is the Your responsibility to inspect the Goods immediately upon delivery. Any claim for: (i) a shortage of Goods; (ii) damage or defects to the Goods, must be notified to Our Customer Service team within 48 hours after delivery of those Goods. If You fail to advise Us of any shortage, damage or defect to the Goods within 48 hours of delivery, You are deemed to have accepted those Goods.
  2. We reserve the right to inspect the Goods and to seek Our own assessment of any Goods notified under clause 5.6(a).

5.7) Risk / Property

  1. Risk in the Goods shall pass to You immediately upon delivery. Title in the Goods delivered will not pass to You until You have paid for those Goods in full to Us.

 

6) Returns and Refunds Policy

6.1) Returns and Refund Policy

If your bottle of wine is suffering from a wine fault and does not meet the high standard you associate with WL, please return the remains of the bottle to Us or contact Us. If you purchased Your wine on Our Website, Your place of purchase is our Dromana Warehouse. PLEASE NOTE: All return claims must be made within 14 days of receipt of Order. Office hours are 9.00am to 5.00pm Monday to Friday. Contact us at Wine Lovers Warehouse by Phone: 03 9596 4278 or Email us at: info@winelover.com.au.

6.2) 100% Money Back Guarantee

We appreciate it can be difficult choosing wine without first smelling and tasting it. To give added confidence when purchasing wine online with We offer a 100% Money Back Guarantee.

We try to describe Our wines as accurately as possible in the brief tasting notes provided and pride Ourselves on the quality and value for money range of boutique wines we stock. We attempt to stock a diverse range of boutique wines that cater to every wine lover's taste. Here's what our customers have to say about Our service (Testimonials).

If you are not satisfied and the wine you have purchased does not meet the high expectations you have of Us, You can return any unopened wine for a full refund (see conditions below):

The following Conditions apply to our 100% Money Back Guarantee:

  1. Customers will receive a Full Refund (for 12 bottles) upon receipt of a minimum 10 unopened bottles returned.
  2. Customers must notify Wine Lovers Warehouse within 14 days of receiving your wine that you intend to take advantage of our 100% Money Back Guarantee by Phone: 03 9596 4278 or Email us at: info@winelover.com.au.
  3. Customers are responsible for sending and paying the return postage and insurance costs incurred in returning the unopened bottles of wine to Wine Lovers Warehouse, PO BOX 346, Dormana, Victoria, 3936.
  4. Our 100% Money Back Guarantee Refund does not include any reimbursement for the return postage and insurance costs incurred by the customer.
  5. Our 100% Money Back Guarantee is only available to customers within Australia.
  6. All wine on Our website qualify for our 100% Money Back Guarantee offer.

6.3) Exclusion of Liability

  1. We will not be liable or responsible for any claims, liabilities, cost, expense, loss, damage or defect arising (either directly or indirectly) from or in connection with the supply of the Goods. Any warranties and/or liabilities implied by operation of Australian law are hereby excluded. To the extent that these Terms cannot, by law, operate to exclude the liability of W, then Our liability is limited to either: (i) the replacement of the Goods; (ii) the refund of the Price paid by You for the affected Goods; or (iii) the payment of an amount equal to the cost of replacing the affected Goods.
  2. We cannot readily ascertain how well Goods have been cellared. Goods are described as accurately as can reasonably be ascertained Us at the time, however You must make appropriate allowances for natural variations of ullage and the conditions of corks and labels.
  3. To obtain compensation, You will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of a failure by Us to comply with a consumer guarantee under the Australian Consumer Law. Such evidence may include photographs, statutory declarations, receipts or reports (e.g. from your doctor), depending on the loss or damage.
  4. Customer's rights to a remedy under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. WL adopts the same approach. As such, the type of remedy We will offer You may vary depending on the age and history of the Goods and how long it takes You to return the Goods to Us.

 

7) How to Change or Cancel Your Order

You can change or cancel an Order within 1 hour of placing it on our Website. If You wish to change or cancel Your Order please contact Our Customer Service Team as soon as possible on (03) 9596 4278.

Office hours are 9.00am to 5.00pm Monday to Friday. Contact us at Wine Lovers Warehouse by Phone: 03 9596 4278 or Email us at: info@winelover.com.au. Every attempt will be made to accommodate Your request, however, no guarantee can be given once an Order has been placed.

8) Ownership and Intellectual Property Rights

  1. All Intellectual Property Rights in the Website are vested in and retained by WL. For the avoidance of doubt, nothing in these Terms gives rise to any assignment, acquisition, transfer or conveyance of any kind whatsoever of any Intellectual Property Rights to You.
  2. The Website Content, including, but not limited to, text, graphics, logos and images is the property of WL or Our Website Content suppliers and is protected by the Commonwealth of Australia Copyright Act 1968 and other international copyright laws, unless otherwise expressly identified on the Website.
  3. WL permits You to display and, subject to any expressed restrictions or limitations relating to specific material, download or print portions of the Website, solely for Your own non-commercial use, or to place an Order with Us.
  4. If You correspond or otherwise communicate with Us or post or publish any statement about the Website, You automatically grant to WL an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute that content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote that content. This may include, but is not limited to, publishing testimonials and developing Your ideas and suggestions for Goods or Services We provide.
  5. You indemnify WL against any loss or damage suffered or incurred by Us as a result of Your infringement of the Intellectual Property Rights attaching to the Website.

 

9) No Sharing of Usernames or Passwords and

  1. You must not share with any third party or otherwise circulate, disseminate or make publicly known (collectively, Share ) the username and or password You use to gain access to the Website under any circumstances, except with WL’s prior written permission (which We can grant or withhold in Our absolute discretion).
  2. You acknowledge that any unauthorised Sharing of the username and or password You use to gain access to the Website may cause significant harm to WL which could not be calculated by damages alone, and that the award of other legal and equitable remedies such as specific performance or interlocutory relief may be required in addition to monetary damages to adequately compensate WL for any such Sharing by You or any other person. You fully indemnify WL and hold WL harmless against any loss or damage suffered or incurred as a result of any unauthorised Sharing of the username and or password You use to gain access to the Website by You (or by Your officers, employees, contractors, associates, affiliates or agents or anyone else who uses Your username or password).

 

10) No Hacking

  1. You must not attempt to or succeed in copying, decompiling or disassembling, reverse engineering, hacking, discovering or accessing any source code related to the Website (together, Hacking ), in whole or in part, under any circumstances except with WL’s prior written permission (which We can grant or withhold in Our absolute discretion).
  2. You must notify us immediately if You become aware of any Hacking of the Website.
  3. You acknowledge that any Hacking of the Website would cause significant harm to WL’s business which could not be calculated by damages alone, and that the award of other legal and equitable remedies such as specific performance or interlocutory relief may be required in addition to monetary damages to adequately compensate WL for any Hacking of the Website by You or any other person. You fully indemnify WL and hold WL harmless against any loss or damage suffered or incurred as a result of a Hacking of the Website by You (or by Your officers, employees, contractors, associates, affiliates or agents or anyone else who uses Your username or password).

 

11) Security

You are wholly responsible at all times for keeping secure Your username and password and for protecting the Website from unauthorised access, use or damage for not doing so. Risk of loss or damage to the Website passes to You upon Your use of the Website.

12) Indemnity and liability


        12.1) You will indemnify, and keep indemnified, WL and Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or damage incurred or suffered by You or by Us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or damage arose out of, in connection with or in respect of Your conduct or breach of these Terms (or any conduct or breach of these Terms by Your officers, employees, contractors, associates, affiliates or agents).

        12.2) WL provides the Website to You under these Terms with all due care and skill, but does not warrant that it will be provided without fault or disruption. To the extent permitted by law, WL excludes all liability to You or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage You might suffer as a result of:

  1. errors, mistakes or inaccuracies associated with the Website;
  2. You acting, or failing to act, on any information contained in or referred to in the Website and/or any linked software, applications, Websites or websites;
  3. personal injury or property damage of any nature resulting from Your access to, and use of, the Website;
  4. any interruption or cessation of transmission to or from the Website;
  5. any bugs, viruses, Trojan horses, worms, logic bombs or other harmful code or communications which may be transmitted to or through the Website by any third party; and/or    
  6. any loss of data or material that may occur while trying to upload, save or interface that data or material with the Website;
  7. the merchantability or fitness for any purpose of the Website or any linked applications, Website or websites.

        12.3) WL does not warrant, endorse, guarantee or assume responsibility for any goods or services (or claims or statements about those goods or services) that You may view in connection with the Website that are made by third parties. WL will not be a party to or in any way responsible for monitoring any transaction between You and third party providers of goods and services.
        12.4) WL does not take any responsibility for direct or indirect damages or consequential losses suffered by use of or in connection with the Website. Where any law implies a warranty into these Terms which may not be lawfully excluded then to the extent allowed by law, Our liability for breach of the warranty will at WL’s option be limited to the resupply of the Website and/or Goods and Services, or the payment of the cost of resupply of the Website and/or Goods and Services to You.


13) Customer’s Warranties

You the Customer represent and warrant to WL that You are over the age of 18 years.
By law, alcoholic beverages can only be sold or supplied to persons 18 years of age and over. By using the Website and placing an Order, You confirm you are at least 18 years of age.

14) Vouchers

        14.1) We may, from time to time offer promotional vouchers ( Vouchers ). Vouchers can only be utilised by persons who are over the age of 18 years and are otherwise eligible to set up an account with Us and enter into binding contracts with Us.
        14.2) A contract will arise when Vouchers are redeemed at the time of an Order being placed and accepted by Us.
        14.3) We may cancel or withdraw a Voucher at any time.
        14.4) Vouchers cannot be:             

  1. exchanged for cash;
  2. used in conjunction with one another;
  3. re-used on another transaction, or
  4. partially used across multiple orders.


        14.5) A Voucher can only able to be used once and must not be copied, reproduced, distributed or published. If this occurs, We reserve the right to cancel or withdraw the Voucher at Our absolute discretion. Vouchers can be redeemed via the Website. They must not be redeemed or published via any other website. If You are suspected of sharing voucher codes or other promotional or discount codes via the internet on discount shopping sites, social media or via any other means of publication, We reserve the right to cancel Your account and to refuse to supply Goods and Services to You in the future.


15) Our Privacy Policy

  15.1) Respecting your privacy


            1) WL is committed to compliance with privacy laws which apply to its businesses and which set out standards for the management of personal information.
            2) This policy outlines Our personal information management practices. Specifically:

                  a. the kinds of personal information We collect and hold;
                  b. how We collect and hold it;
                  c. the purposes for which We collect, hold, use and disclose it;
                  d. Your right to access and seek correction of it;
                  e. how You may complain about privacy matters; and
                  f. our sharing of Your personal information overseas.

            3) There are some matters to which this policy does not apply. These are referred to, (see clause 9 below).

  15.2) What kinds of personal information do we collect and hold?

            1) The personal information We collect and hold is what is reasonably necessary for Our business functions and activities.
            2) When We collect and hold personal information, it is of the following kinds: 

                   a. Your personal details such as Your name, addresses, telephone numbers, age and gender;
                   b. Your customer reference;
                   c. whether You have taken up some of Our other offerings, such as membership of Our clubs and loyalty programs and Our mobile applications;
                   d. any rewards and redemption details applicable to Your membership of Our loyalty/affiliate programs;
                   e. whether You have a connection with others whose personal information We may collect or hold, for example family members who may be linked to Your loyalty/affiliate program membership;
                   f. what, how and when You buy from Us or have expressed an interest in buying from Us; and
                   g. Your stated or likely preferences, for example whether You may be interested in particular products or promotions.

            3) Depending on the nature of Your dealings with Us, We may collect and hold other types of personal information. For example, information collected and held via Our secure financial systems about the debit or credit card You might use for Your purchases from Us.
            4) You generally have the option of not identifying Yourself or of using a pseudonym when dealing with Us. But not where this is impractical (for example when You shop online with Us) or where the law or a court order provides otherwise.


  15.3)  How do we collect and hold personal information?

            1) When We collect personal information about You, We do so by making a record of it. We do this when:
                   a. You register with Us, for example to create an account, to become a Member of one of Our clubs or affiliation programs or to send You information;
                   b. You communicate with Us online;
                   c. You take part in Our promotions, competitions, testimonials, surveys and focus groups; and
                   d. You deal with Us in other ways involving a need for personal information to be provided such as when You contact customer service or bring a claim against Us.

            2) We may also collect personal information about You by accessing data from other sources and then analysing that data together with the information We already hold about You in order to learn more about Your likely preferences and interests.
            3) When You visit the Website, social media pages or click on Our advertisements on the online media of other companies, Our server may also log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access and details of any information downloaded. We may collect information about You using technology which is not apparent to You, for example "cookies". For information about Our use of this technology, see Our Cookie Statement below.
            4) Most of the personal information We collect and hold about You is from Your direct dealings with Us. We may sometimes collect Your personal information other than from You directly. For example from other suppliers who, in common with Us, have a relationship with You.
            5) Holding of personal information:
                   a. personal information We hold is generally stored in computer systems. These may be operated by Us or by Our service providers. In all cases, We have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information; or
                   b. We may store and disclose personal information allowed or required by applicable law or when We deem it is advisable. This means that We may make disclosures that are necessary or advisable to conform to legal and regulatory requirements or processes and to protect Our rights, safety and property, users of the Website and the public.

  15.4) Why do we collect, hold, use and disclose personal information?

  1. When We collect, hold and use Your personal information, We do so primarily to sell and promote Our Goods and Services to You and to improve on the range of Our offerings.
  2. We disclose personal information We collect for purposes which are incidental to the sale and promotion of Our Goods and Services to You. For example, We may disclose Your personal information to service providers who assist Us in our day-to-day business operations, such as the delivery of the Goods to You.
  3. We may collect, hold, use and disclose Your personal information for other purposes which are within reasonable expectations or where permitted by law.
  4. When marketing to You, Your personal information is only ever used or disclosed for Our own purposes. You may opt out of Our direct marketing to You. Our direct marketing materials will tell You how to do this.
  5. We may de-identify Your personal information. We may do this for use and disclosure of the anonymous data to determine preferences and shopping patterns.

 

  15.5) How can you enquire about, access and correct your personal information?

  1. We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth). Under the Privacy Act 1988 (Cth) You have a right to request access to Your personal information held by Us and request that it be altered or removed from Our records. You may do this by sending Us an email at privacy@wlwholesalers.com.au or by writing to Wine Lovers Wholesalers, 515 Nepean Highway, Brighton, Victoria 3186.
  2. Before We provide You with access to Your personal information We may require some proof of identity. We may charge a reasonable fee for giving access to Your personal information if Your request requires substantial effort on Our part.
  3. If You need to correct Your personal information, please contact Our Privacy Officer at one of the above contact points and Clause 16.5.1.


  15.6)   How can you complain about our management of personal information?

  1. If You wish to complain about a breach of the privacy rules that bind Us, You may contact Our Privacy Officer at one of the above contact points at Clause 16.5.1. We may ask You to put Your complaint in writing and to provide details about it.
  2. We may discuss Your complaint with Our personnel and Our service providers and others as appropriate.
  3. Our Privacy Officer will investigate the matter and attempt to resolve it in a timely way. Our Privacy Officer will inform You in writing about the outcome of the investigation. If Our Privacy Officer does not resolve Your complaint to Your satisfaction and no other complaint resolution procedures are agreed or required by law, Our Privacy Officer will inform You that Your complaint may be referred to the Privacy Commissioner for further investigation and will provide You with the Commissioner's contact details.

  15.7) Our sharing of your personal information overseas

  1. It is Our policy to require all of Our overseas sharing of personal information to be done in a way that requires observance of strict privacy and security standards, both during transit and at the overseas destination.
  2. We may allow Your personal information to be shared with those who are in countries other than Your own location. We do this:
  1. where We have made a business decision to store Our data with a trusted service provider who is in the business of providing data storage and processing services. These services commonly involve diverse geographic locations that change from time to time for reasons that include data protection and processing efficiency. Where these services are used by Us, it is not practical for Us to notify You of which country Your personal information may be located in; and
  2. where You are involved with public liability issues concerning a product We may disclose Your personal information to any overseas supplier of such a product in the course of managing those issues.

 15.8) Updates

This privacy policy is current at the date below. We may change it periodically.

 15.9) Other privacy terms and limits of this policy

This is a policy. There may be additional privacy notices and terms relevant to You depending on the nature of Your dealings with WL Wholesalers. There are additional privacy terms in Our loyalty program, club membership contracts, affiliation programs and for use of the Website.

 15.10) More information

More information about privacy law and privacy principles is available from the Privacy Commissioner. The Privacy Commissioner may be contacted at www.oaic.gov.au (email - enquiries@oaic.gov.au) (Australia).

 

16)  Cookie Statement

This statement gives You information about Our use of cookies. This is relevant to when You use Your computer or mobile device to visit online content (such as the website) which display or promote Us or Our Goods or Services. The content may be Our own, or may be the content of others in which We have an interest, such as Our banner advertisements.

Cookies may be arranged ( Set ) by Us or by others under an arrangement with Us, such as companies whose business it is to analyse information. We may also access information from cookies set by others ( Third Party Cookies ).

 16.1) Why should you know about cookies?

You should know about cookies because they involve the collection of information about You (which may or may not be personal information) in a way  which may not be obvious to You.

 16.2) What is a cookie?

Cookies are small pieces of information captured when Your device is used to access online content. Cookies are stored in Your device by the person who arranges for the cookie to be Set. This person may be the provider of the content being accessed. It might be a third party. Third Party Cookies are used to provide information about Your device's access to more than one discrete website or data set.

 16.3) Why do we allow cookies to be used?

  1. We allow cookies to be used for three reasons.
  2. First, We allow session cookies to be used when You visit the Website. This enables Your device to move from page to page without having to log in repeatedly. These generally improve Your browsing experience.
  3. Secondly, We allow persistent (permanent) cookies to be used to better inform how the Website Content Your device visits may be presented to You. Persistent cookies can store Your preferences for a particular Website, so they will be remembered when the Website is visited again.
  4. Thirdly, We allow persistent and other kinds of permanent cookies (such as "flash" cookies) to be set and We access information from Third Party Cookies in order to assist in compiling and analysing the types of online content You visit and Your interaction with that content. This assists Us to assess what promotions to make to You, when and how. It also assists Us to measure the effectiveness of Our promotions.

16.4) What are your choices about cookies?

You can control the extent to which Your device allows cookies to be set on it. You can do this by changing the settings on the software Your device uses to access the internet (Your browser software). For example, depending on which browser Your device uses, You may be able to disable Third Party Cookies .
There is a lot of information available about how cookies work and how to change Your browser's cookie preferences. This includes information at the following links:  Stay smart online  - all about cookies and your privacy; Your online choices and  Privacy Commissioner Fact Sheet  on online behavioural advertising.

17) Confidentiality

  1. You will not, without Our prior written approval, disclose Our Confidential Information.
  2. You will not be in breach of Clause 17 in circumstances where You are legally compelled to disclose Our Confidential Information.
  3. You will take all reasonable steps to ensure that Your employees and agents, and any sub-contractors engaged for the purposes of these Terms, do not make public or disclose Our Confidential Information.
  4. You must inform Us immediately upon becoming aware of any breach of this Clause 17 or of any unauthorised, unintended or undesirable disclosure of WL’s Confidential Information, and must provide Us with all reasonable assistance in remedying any such breach or disclosure.

 

18) Assignment

  1. You may not assign, whether in whole or part, Your benefit or any of Your rights or obligations under these Terms to any other party without Our prior written consent, which We may grant or withhold in Our absolute discretion.
  2. We may assign any agreement with You without Your consent or notice to You.

 

19) Waiver

If WL does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by WL.

20) Severability

Should any part of these Terms be or become invalid, illegal or unenforceable, it will be severed from these Terms to the extent of its invalidity, illegality and/or unenforceability only and the remainder of these Terms will remain in full force and effect.

 

21) Applicable law

These Terms will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.