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:-
- 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;
- harm minors in any way;
- 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;
- 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;
- 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;
- which encourages or endorses irresponsible consumption of
alcoholic beverages or drink driving;
- infringes any copyright, database right, trademark right or
other proprietary right of any other person;
- 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.