CONDITIONS OF USE CUMULUS ESTATE WINES WEBSITES
CONDITIONS OF USE CUMULUS GROUP WEBSITES
Cumulus Wines Pty Limited ABN 49 107 786 318 and its related entities (“Cumulus” and collectively “Cumulus Group”) own the Cumulus, Rolling, Climbing, Chasing Clouds, Five Friends, Anthropology, Inkberry, Block 50 and Charles Strong brands . These Conditions of Use (“Conditions”) govern the use of this and any other Cumulus Group web site. Cumulus Group web sites include: http://www.cumuluswines.com.au/and http://www.inkberrywines.com/and any other site that may from time to time be published by a Cumulus Group member (“websites”).
1) Acceptance of the Conditions
By accessing and using a website, you agree to the Conditions in their entirety in the form current at the time you access the website and unaltered by you. The Conditions may be varied from time to time by Cumulus. You should review the Conditions each time you access a website to check the latest version of the Conditions.
2) Use of a web site
a) You may: i) view a web site; ii) make a printed copy; and/or iii) download part or all of the content of the web site onto the local hard drive of the computer used to access the website, only for the purposes of personal use, information, research, or study.
b) Other than as set out in a) above, you must not reproduce, copy or download any information on a web site, without Cumulus’ express written permission.
c) You must not use a web site for any illegal purposes or in a way which is inconsistent with the Conditions or contravenes any other person’s rights (including intellectual property rights).
d) You access and use the web site at your own risk.
3) Ownership of material on a web site
You acknowledge that all material on a web site is owned by a Cumulus Group member, or used by the Cumulus Group member with permission from third parties. You must not do anything which is inconsistent with these rights of ownership.
In particular, certain trademarks, logos and images collectively (“Images”) appear on a web site. These Images belong to the Cumulus Group member that operates the website or third parties and are protected by relevant intellectual property laws. Nothing in a web site will be taken to grant a user any license or right of use of any Image without the express written permission of the owner of the Image.
a) You acknowledge that any links to third party web sites found on a websites are provided purely for your convenience. The provision of any links will not be taken as any form of endorsement of third party web sites by any Cumulus Group member.
b) As Cumulus Group members do not own third party web sites, they are not responsible for the content, access, reliability, function or condition of third party web sites nor is any Cumulus Group member liable for any goods and services you may order through third party web sites. You access and use third party web sites via the websites at your own risk.
6) Disclaimer and exclusion of liability
To the fullest extent possible under the law, each Cumulus Group member excludes all implied conditions and warranties in connection with the use of a web site or material appearing on the web site. Cumulus Group members do not, however, exclude liability which cannot be excluded under the Trade Practices Act (Cth) or similar state or territory legislation. In particular:
a) Whilst the Cumulus Group member that operates a website endeavours to ensure that information on the web site is current and up to date, the Cumulus Group member makes no representations and gives no warranties regarding the accuracy, completeness or reliability of any material on the web site.
b) Cumulus Group members give no warranties or guarantees regarding access to or functionality of any website and accept no responsibility or liability for any delays or faults in the operation, function or access to the web site.
c) Cumulus Group members give no warranty that any website is free of viruses, or anything else that may interfere with or cause damage to your computer systems. You should take whatever steps are required to protect your own equipment from any potential damage. Furthermore, Cumulus Group members accept no liability for any loss, damage, harm or claims, howsoever arising, whether direct, indirect or consequential and whether or not due to a Cumulus Group member’s breach o f duty (including, without limitation, negligence or other tort or breach of contract, statutory duty, trust or fiduciary duty), arising out of or in connection with your use of the website or the material appearing on them.
You agree to indemnify each Cumulus Group member and to hold it harmless against all claims, losses, actions, proceedings, cost and damages arising from:
a) any breach of the Conditions by you;
b) any reliance by you on any material or information obtained through any website (whether or not the material is obtained via links);
c) your access to and/or use of any website;
d) reliance upon or use of any material or information by any person accessing such material or information through your web site or otherwise obtaining it from you.
8) Governing law
The Conditions of use are governed by, construed and enforced under the laws of New South Wales, Australia. Any disputes arising under the Conditions must be determined under, and you submit to, the exclusive jurisdiction of the Courts and Registries of New South Wales.