365DAYSOFWINEANDFOOD WEBSITE, MOBILE SITE AND SMART PHONE APP TERMS AND CONDITIONS OF USE
INFORMATION ABOUT US
365daysofwineandfood.com.au (and all of its subdomains) is a site operated by South Australian Wine Industry Association Inc (“We”). We are registered in Australia under company number (ABN 43 807 200 928).
ACCESSING THIS SITE AND SERVICES
Access to this site or our services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this site without notice (see below). We will not be liable if for any reason this site or our services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of this site, or our entire site.
You are responsible for making all arrangements necessary for you to have access to this site, our services, software or applications. You are also responsible for ensuring that all persons who access same through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in this site, our services, software, applications, and in the material published on it (including, without limitation, its look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, voice, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from this site for your personal reference and you may draw the attention of others within your organisation to material posted on this site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video, voice or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on this site and our services must always be acknowledged.
RELIANCE ON INFORMATION, MATERIALS AND COMMENTARY
Commentary, materials, advertisements, promotions, events and messages posted on, or via, this site, or the service we provide on or via this site, are not intended to be relied upon. We disclaim all liability and responsibility arising from any reliance placed on same, and any services provided therefrom, by any visitor to, or user or customer of this site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such commentary, materials, advertisements, promotions and messages will not infringe the rights of any third parties. We are not responsible for the products, services, actions, events or failure to act of any venue, performer, promoter or other third party in connection with or referenced on this site, software or application.
LINKS TO OTHER SITES AND SERVICES
Where this site or services contains links, references or transmissions to other sites, services, promotions, software, applications or events provided by third parties or to third parties themselves, they are provided for your information and convenience only. We have no control over their contents, do not endorse, verify or approve, and accept no responsibility, for them or for any loss or damage that may arise from your use of, and attendance at, them. Your linking to or from, or use of, these sites, services, software or applications is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Links or other connections to these sites, services, software or applications or third parties do not imply any endorsement of the material on them.
MAINTENANCE OF EQUIPMENT AND SERVICES
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the site or otherwise use the services, software or applications, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other communication device connection services. You shall be responsible for all charges incurred in connection with use of the services, software applications, all such equipment and ancillary services, including any fees charged for airtime usage.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse this site, services, software or applications by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this site or services, the server on which this site is stored or any server, computer or database connected to this site, software or applications.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site, services, software or applications, or to your downloading of any material posted on it, or on any website linked to it. We always recommend all users of Internet ensure they have up to date virus checking software installed.
The material, commentary and content displayed on or via this site, and any services, software, events and applications provided therefrom, is provided without any guarantees, conditions or warranties as to its accuracy, veracity, truthfulness, completeness or currency. To the extent permitted by law, we, our directors and employees, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this site, services, software, applications or events or in connection with the use, inability to use, or results of the use of or attendance at same, including, without limitation any liability for: loss of income or revenue; loss or interruption of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of this site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in its sole discretion:
• in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
• in the case of any services (such as messages), the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the greater of the amount paid by you for the service or one thousand dollars (AUD$1,000.00).
USER GENERATED CONTENT RULES
By submitting content, materials, comments, messages (whether in, audio, video, text, voice form or otherwise) (“Content”) to, on, or via, our site, services, software, applications, chat rooms, communication services, message boards or other interactive service (“Submissions”), you grant us a royalty-free, perpetual, transferable right to (a) use, communicate, deliver, host, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission, where applicable.
You are solely responsible for the posting, transmission, delivery, accuracy and use of the Submissions and you do so at your own risk and we take no responsibility and assume no liability for same. By submitting a Submission, you expressly agree not to post, upload to, transmit, distribute or facilitate distribution, store, create or otherwise publish any of the following:
• any material, content or information that breaches any applicable local, national or international law or regulation.
• any material, content or information that is unlawful, deceptive or fraudulent.
• any material, content or information intended to harm someone in any way or that is libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, uses vulgar language or otherwise objectionable.
• any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, junk or bulk email or otherwise (spam).
• any material, content or information that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect or limit the operation of any computer software, hardware or telecommunications equipment.
• any material, content or information that may infringe the intellectual property rights of any third party.
ADDING AN EVENT
Only public events can be added to the site. If you are adding an event to the site you must ensure it is an event that is a public event open to the public and not at a private property/residence.
LINKING TO THIS SITE
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
This site must not be framed on any other site, unless we expressly agree otherwise. If you wish to make any use of material on this site other than that set out above or would like to include a frame of our site on another site, please address your request to email@example.com
THIS SITE CHANGES REGULARLY
We aim to update this site and our services regularly, and may change content at any time. If the need arises, we may suspend access to this site or our services, or close it indefinitely. Any of the material on this site or our services may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THIS SITE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
Services provided by us are not intended for use by children. In the event that you, as a legal guardian, wish to allow your child to use this site, services, software or applications, you acknowledge that your child will have permission to access same. You further acknowledge that, as the legal guardian, it is your responsibility to determine whether such use is appropriate for your child.
JURISDICTION AND APPLICABLE LAW
If you have any concerns about material which appears on this site, please contact firstname.lastname@example.org
Thank you for visiting this site.