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This website is owned and operated by Casella Wines Pty Limited ABN 96 060 745 315 ("Casella Wines"). Use of this website is subject to the below terms and conditions. In the event that you do not agree to any of the below terms and conditions or you are not a legal age for consumption of alcoholic beverages, please discontinue use of this website immediately.

Accuracy of Information

Casella Wines will endeavour to ensure the accuracy of information displayed on this website. However, to the extent permitted by law, no warranty or representation is given as to its quality, accuracy or completeness. It is the responsibility of the user to judge the accuracy of information and it is not intended that the user rely on the information in any way. We disclaim all liability arising from any reliance placed upon the information by any person.

Casella Wines does not represent that any information (including any file) obtained or downloaded from this website is free from computer viruses or other faults and defects. It is the responsibility of the user to carry out any appropriate scans of such files for any viruses, faults or defects.

Links

Any links to other websites contained on this website have been included for convenience only and Casella Wines accepts no responsibility or liability for the contents of any linked website. The inclusion of any link does not imply endorsement by Casella Wines of any linked website or its provider. It is the user's responsibility to make themselves aware of the terms and conditions on which access is granted to linked sites. Users should be aware that some links may be to pages other than a home page.

Proprietary Rights

Casella Wines owns all intellectual property and database rights in the content of this website, and the materials published on it, including but not limited to Casella Wines' trademarks, logos, brands, designs, text, images, audio and video materials and software (including code, interface and website structure) and look and feel (Materials). To the extent permitted by law, Casella Wines reserves all rights in respect to the Materials. This website, its content or part thereof including the Materials, may not be reproduced, copied, sold, re-sold or otherwise exploited in any form by any process for any purpose that is not expressly permitted by Casella Wines.

Content or contributions submitted to our site

Casella Wines does not claim ownership of content you submit or make available for inclusion on this website. However, with respect to any content you submit or make available for inclusion on publicly accessible areas of this website, you grant Casella Wines the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  • With respect to content you submit or make available for inclusion on publicly accessible areas of this website including photos, graphics, text, audio or video ("content"), the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on this website.
  • By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Casella Wines through our website, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Casella Wines is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Casella Wines shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Casella Wines may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Casella Wines without any obligation of Casella Wines to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Casella Wines under any circumstances.

INDEMNITY

You agree to indemnify and hold Casella Wines and its subsidiaries, related companies, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of either Content or Contributions you submit, post, transmit or otherwise make available through our website, your use of the website, your connection to the website, your violation of these terms and conditions, or your violation of any rights of another.

Social Responsibility and Responsible Consumption of Alcohol

Casella Wines is extremely proud of its high quality brands, products and marketing including Yellow Tail. As part of our commitment to responsible marketing we promote the responsible consumption of alcohol. Alcoholic beverages should only be consumed by persons of legal drinking age and we recommend that alcoholic beverages be enjoyed responsibly and in moderation. We maintain this philosophy in all our sales and marketing activities, including advertising and promotional programs.

Visitor Conduct and Content Standards

The user of our website acknowledges that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") are the sole responsibility from the person from whom such Content originated. Accordingly the user, and not Casella Wines, is entirely responsible for all Content that he or she uploads, posts, emails, transmits or otherwise makes available via our website.

You as user agree not to use our website to:-

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, Casella Wines personnel, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  5. interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
  6. which encourages or endorses irresponsible consumption of alcoholic beverages or drink driving;
  7. infringes any copyright, database right, trademark right or other proprietary right of any other person;
  8. encourage or endorse any unlawful act.

Interactive Services

We may from time to time provide interactive services on our website such as bulletin boards, image upload features, chat room and forums. The user acknowledges that by using our website he or she may be exposed to content that could cause offence or be considered indecent or objectionable and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards.

Limitation of Liability

Casella Wines accepts no responsibility for any loss, liability, cost, expense or damage of whatever nature arising out of the use of, or inability to use, this website, or from any error or omission in information contained on this website.

All conditions, warranties or liabilities with respect to the supply of any services by Casella Wines, or its related bodies corporate, via this website imposed or implied whether by law or by statute are expressly excluded and negated provided that nothing in these terms and conditions shall exclude, restrict or modify any condition, warranty, right or liability which may at any time be implied in these terms and conditions (including any condition, warranty, right or liability implied by the Competition and Consumer Act or any similar applicable State or Territory legislation) where to do so is illegal and would render any provision of these terms and conditions void.

Subject to applicable law, you expressly understand and agree that casella wines and its subsidiaries, related companies, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if casella wines has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use this website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on this website; or (v) any other matter relating to this website.

General

These terms and conditions shall be governed by the laws of NSW and are subject to the exclusive jurisdiction of the Courts of NSW and Australia and are subject to the jurisdictions of the Courts of NSW and the Federal Court of Australia.

Casella Wines' failure to exercise or enforce any rights or provisions of these terms and conditions shall not constitute a waiver of such right or provision unless agreed to by Casella Wines in writing.

If a provision of these terms and conditions or a right or remedy of a party under these terms and conditions is invalid or unenforceable in a particular jurisdiction:

  • it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
  • it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

Casella Wines reserves the right to amend or otherwise alter the information displayed on this site at any time, including but not limited to these terms and conditions. Any amendment to these terms and conditions will take effect immediately. Your continued use of this website following any amendment to these terms and conditions shall be deemed to be agreement by you to be bound by theses terms and conditions, as amended.