This website is owned and operated by Prince Hill Wine Services ACN 062 979 588 ("Prince Hill Wines"). Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms and Conditions"). Your use of, and/or access to, the Website constitutes your agreement to the Terms and Conditions. Prince Hill WInes reserves the right to amend the Terms and Conditions at any time. Since you are bound by the Terms and Conditions, you should periodically refer to them in this document and elsewhere on the website The person undertaking the ordering of any alcohol based products in Australia must be over 18 years of age. It is illegal for a person under the age of 18 to purchase alcohol.
The owner of the credit card that is used to complete the financial transaction on this site, must be the person undertaking the ordering of products through this site. Transactions occur between the supplier and the customer, at no stage involving Prince Hill Wines. Prince Hill Wines is paid only for administrative services of the database and software platform of the individual supplier (whether that be the winery or the retailer) and associated services, thereby remaining independent of the transaction. The supplier benefits from the membership and database management power of Prince Hill Wines BOSS platform used to power this website. The supplier is solely responsible to you for delivering the products or providing the service you purchase through their own website/kiosk on this Cellar Door Portal, powered by Prince Hill Wines’ BOSS platform.
The sale of liquor through the Prince Hill Wines web site is made with the relevant supplier. The supplier is licensed for the sale of wine from the cellar door or their off-premise licensed retail outlet. Prince Hill Wines will forward any offers to purchase liquor to the relevant supplier. The supplier is then required by law to scrutinise the offer to ensure that it complies with the appropriate State Liquor Acts before accepting the offer to purchase. When they do so, an agreement for the sale will come into existence between you and the supplier.
Intellectual property and restrictions on use of content on the Website.
The intellectual property rights (including copyright) in all information, text, material, graphics and advertisements on the website ("Content") are owned and/or controlled by Prince Hill Wines, its suppliers and/or licensors unless expressly indicated otherwise on the website. The content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on the website or expressly authorised in writing by Prince Hill Wines or the relevant third party owner or rights holder. Strictly on the condition that you keep all content intact and in the same form as presented on the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download and view the content for your personal, non-commercial use. You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any right of Prince Hill Wines or any other party or which is prohibited by the Terms and Conditions. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of Prince HIll Wines, the relevant third-party owner or rights holder.
Communications Facilities
The website may contain communication facilities which provide for interaction between users and Prince Hill Wines, the website and real-time interaction between users by means of electronic bulletin boards, chat rooms, forums and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any communication facility and your access to the website that you do not do any of the following:
*restrict or inhibit any other user from using or enjoying any communication facility; * post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; * post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; * post or transmit any material of any kind which contains a virus or other harmful component; * post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; * delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or * download any file posted by any other user of a communication facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
*Prince Hill Wines may from time to time monitor or review the contents of its communication facilities. While Prince Hill Wines reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Prince Hill Wines’ sole discretion is in any way objectionable or in violation of any applicable law or the Terms and Conditions, Prince Hill Wines has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Prince Hill Wines responsible for any contents in any communication facilities. You expressly acknowledge and agree that the communication facilities provide a means of public and not private communications.
Prince Hill Wines reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Advertising, links to third party websites, winery kiosks and e-commerce offers
The website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Prince Hill Wines, and Prince Hill Wines is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Prince Hill Wines provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Prince Hill WInes or its affiliates. You link to any such website entirely at your own risk.
The website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Prince Hill Wines or its related corporations or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. Each winery/supplier is a paid subscriber to the service provided by Prince Hill Wines and manages their own ‘kiosk’ or mini website which is published in this website. Prince Hill Wines, its management or directors, are not responsible for the information published, promotions or product and pricing offers published by the suppliers or transactions you may choose to undertake with each supplier.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Prince Hill Wines, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Disclaimer and limitation of liability
Other than with respect to rights and remedies that may be conferred upon you according to the Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) in relation to the provision by Prince Hill Wines of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"), Prince Hill Wines excludes all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Prince Hill Wines and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Prince Hill Wines does not warrant that the functions contained in any content or any communications facility or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits content to you are free of viruses or any other harmful components, d) Prince Hill Wines does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Prince Hill Wines) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.
Under no circumstances (including but not limited to any act or omission on the part of Prince Hill Wines) will Prince Hill Wines or any related corporation or their respective directors or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any content. You expressly acknowledge and agree that Prince Hill Wines does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Prince Hill Wines’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Prince Hill Wines to the following: * in the case of services supplied or offered by Prince Hill Wines, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and * in the case of goods supplied or offered by Prince Hill Wines, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms and Conditions are effective until terminated by Prince Hill Wines, and Prince Hill Wines may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Prince Hill Wines disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Miscellaneous
Prince Hill Wines relies on your continued observance of these Terms and Conditions. If Prince Hill WInes suffers any loss or damage or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation then you agree to indemnify Prince Hill Wines for those losses, damages and costs.
The terms of this agreement apply to the full extent possible in relation to the supply by Prince Hill Wines of any content or services for a wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service").
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
