Disclaimer
Third party links and advertising
WPS and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites. WPS and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage, which may be suffered by you through relying on anything contained on, or omitted from, such third party websites. A display of advertising does not imply an endorsement or recommendation by WPS, unless expressly stated.
Contributions
WFA may permit you to make Contributions to its Websites, including to the Wine Genius Blog. You retain sole responsibility and accept all liability for all Contributions you make to any WPS Website. WPS disclaims any and all liability in connection with Contributions. WPS assumes no responsibility for monitoring any Contributions. WPS does not in any way endorse the information in Contributions, including any opinion, recommendation or advice expressed. WPS is under no obligation to treat your Contributions as confidential information.WPS may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions, in its sole discretion, without prior notice to you. Without limiting the previous sentence, WPS may remove or disable access to any or all your Contributions if it considers that:
- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of any third party;
- it is required to do so by a regulatory body, or any relevant authority, pursuant to an interim or final take-down notice;
- those Contributions are:
- misleading or deceptive;
- inappropriate having regard to the purpose of the Website;
- likely to cause offence;
- materially incorrect;
- obscene;
- defamatory;
- otherwise unlawful; or
- corrupted, due to the presence of a virus or other disabling code.
Third party links and advertising
Our Websites include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of some of our Marketing Partners. Those third party websites do not form part of our Websites and are not under the control of, or the responsibility of WPS. When you link to those websites, you leave our web site, and do so entirely at your own risk.WPS and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites. WPS and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage, which may be suffered by you through relying on anything contained on, or omitted from, such third party websites. A display of advertising does not imply an endorsement or recommendation by WPS, unless expressly stated.
Contributions
WFA may permit you to make Contributions to its Websites, including to the Wine Genius Blog. You retain sole responsibility and accept all liability for all Contributions you make to any WPS Website. WPS disclaims any and all liability in connection with Contributions. WPS assumes no responsibility for monitoring any Contributions. WPS does not in any way endorse the information in Contributions, including any opinion, recommendation or advice expressed. WPS is under no obligation to treat your Contributions as confidential information. WPS may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions, in its sole discretion, without prior notice to you. Without limiting the previous sentence, WPS may remove or disable access to any or all your Contributions if it considers that:- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of any third party;
- it is required to do so by a regulatory body, or any relevant authority, pursuant to an interim or final take-down notice;
- those Contributions are:
- misleading or deceptive;
- inappropriate having regard to the purpose of the Website;
- likely to cause offence;
- materially incorrect;
- obscene;
- defamatory;
- otherwise unlawful; or
- corrupted, due to the presence of a virus or other disabling code.
- you own and control all of the rights to the Contributions; or
- you have the lawful right, including all necessary licences, rights, consents, and permissions to use and authorise WFA to display the Contributions.
- you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;
- you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by WPS in respect of all Contributions and StreetAdvisor in respect of Contributions to Local Voices;
- you waive, and agree not to assert, any entitlement to any and all moral rights of an author in any Contribution; and
- you release WPS in respect of all Contributions from any claims that you could assert against WPS by virtue of any such moral rights.
Third party content
Our Websites contain content provided to WPS by other parties (“Third Party Content”). WPS does not have a practice of monitoring or making inquiries about Third Party Content. WPS is not responsible for, does not endorse, and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of WPS. You rely on Third Party Content completely at your own risk.User warranties
You represent and warrant that:- the information you supply for Guest or Member registration is accurate in all respects;
- if any of that information changes you will promptly notify WPS in writing of the changes (click here for contact information);
- your use of the Website will comply at all times with this Agreement and any directions published from time to time by WPS on the Website;
- you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;
- you accept all liability for any unauthorised use of any username and password issued, except for unauthorised use resulting from any negligent act or omission legally attributable to WPS;
- you have the lawful right, including all necessary licences, rights, consents, and permissions to use and authorise WPS to display your Contributions; and
- you will not make any Contributions that:
- infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
- are misleading or deceptive;
- are materially incorrect;
- are likely to cause offence;
- directly or indirectly involve the advertising or marketing of any products or services;
- are obscene, including pornographic, hateful, racially or ethnically offensive material;
- are defamatory;
- are otherwise unlawful or encourage unlawful conduct; or
- are otherwise inappropriate having regard to the purpose of the Website.
Indemnity
You agree to indemnify and hold WPS, its subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use and access to the Website or Contributions not in accordance with these terms.Policy for Linking to Our Websites
- Attribute the original source of the hyperlink where it points to third party content.
- Do not claim ownership or rights to content belonging to other parties.
- Link to our content directly. We encourage direct links.
- Comply with all copyright, trade mark or other applicable laws.
- Use the title or headline of the content to which you are linking, as long as you link directly to that content.
- Attribute a link to WPS content as being a link to your own or someone else’s content (for example, use your own logo to link to our content).
- Attribute a link to our site and then link somewhere else.
- Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.
Limitation of liability
Certain rights and remedies may be available under the Trade Practices Act 1974 or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, WPS excludes all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.IN NO EVENT SHALL WPS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF WINE PREFERENCE SYSTEMS PTY LTD TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
Jurisdiction
Your use of this web site and all of our legal notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our Websites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.Wine Genius License Agreement
1. About this License Agreement
1.1 Wine Preference Systems Pty Ltd trades as “WineGenius.com” “WineGenius.com” or “the Tasting Room” (“us, our, we”). This user agreement sets out the terms and conditions upon which you (either an individual or a single legal entity) may be licensed to install and use the Planning Tools and its associated software on your website.1.2 This licence agreement forms the basis of a legally binding contract between you and us regarding the use of the Planning Tools. By requesting, receiving and using the Planning Tools, you are indicating that you agree to be bound by the terms and conditions contained in this licence agreement. IF YOU DON’T AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE PLANNING TOOLS.
2. Definitions
Planning Tools means the search functions, e-brochure library, interactive Google map of Australian wine regions and Wine Genius™ which may be embedded in a third party website. WPS means Wine Preference Systems Pty Ltd and its subsidiaries. Website means any website operated by WPS.3. Limited licence
3.1 The Planning Tools are protected by copyright law. The Planning Tools are licensed (not sold) to you as a way for you to provide your customers and website visitors with easy access to information on wines and wine tourism experiences and which will direct your visitors to a Guest membership of the Tasting Room for more wine decision making tools. Embedding the planning tools on your website does not give you any other rights. All rights not expressly granted by this licence agreement are reserved by us and you must not use the planning tools for any other purpose unless we give you express permission in writing.3.2 You must not sell the Planning Tools or services, information or software associated with or derived from the Planning Tools. You must not modify, copy, license or create derivative works from the Planning Tools. You must not use the Planning Tools in a way that overloads or could damage or disable our search services (e.g. using the Planning Tools in an automated manner). You must not use the Planning Tools in a way that interferes with the use and enjoyment of our search services.
3.3 If we give you express permission in writing, you may modify the Planning Tools so that it displays properly on your website. Otherwise, you must not modify the appearance or function of the Planning Tools in any way. On application, WPS is able to customise the appearance or layer content in the Planning Tools to suit your needs.
3.4 This licence can be revoked by us at any time at our complete discretion.
3.5 Unless we grant prior permission in writing, this licence is conditional upon you not establishing or maintaining a hyperlink or any other link from your website to any other website, apart from our Websites, that operates as a wine or wine travel portal or fulfils a similar purpose to our Websites.
4. Intellectual Property
4.1 You acknowledge we and other relevant third parties own all rights, title and interest in the Planning Tools (or the relevant portions of the planning tool) including all Intellectual Property Rights.4.2 You must not modify, adapt, translate, derive, decompile, reverse engineer, disassemble or derive source code from the Planning Tools except to the extent that you are expressly permitted by law or by us (in writing) to do so. You must not remove or obscure any copyright notice, trademark, logo or any proprietary rights notice that is on or contained in the planning tool.
5. Disclaimer and limitation of liability
5.1 We provide the Planning Tools on an “as is” basis, without any warranties whatsoever.5.2 We exclude all implied conditions and warranties from this licence agreement, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded (“non-excluded conditions”).
5.3 We limit our liability for breach of any non-excluded condition (to the extent that the law allows liability for such breach to be limited) to (at our option) re-supply of the Planning Tools or payment of the cost of re-supply.
5.4 Subject to the above sub-clauses, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with your use of the Planning Tools, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
5.5 You acknowledge that you use the Planning Tools at your own risk. You will be solely responsible for any harm to your computer or loss of data that results from using the planning tool.
6. General
6.1 This licence agreement represents the entire agreement between you and us in relation to your use of the Planning Tools and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding your use of the search box. This licence agreement cannot be varied except by agreement in writing signed by you and one of our authorised officers.6.2 This licence agreement is governed by the laws of the State of Victoria, Australia. We and you submit to the exclusive jurisdiction of the courts of that State.
6.3 If a court or tribunal of competent jurisdiction finds any provision or part of this licence agreement to be invalid or unenforceable, the remainder of this licence agreement will continue in full force and effect. No waiver of any provision in this licence agreement will be effective unless it is in writing signed by one of our authorised officers.
