Vinium Pty Ltd (ABN 91 168 444 540) (Vinium) is the owner and operator of an internet based market platform (Platform) consisting of the website at URL address: www.withwine.com (Website) and the mobile application: WithWine (App) located within the iTunes App Store.
To report any problems regarding any of the Platform’s components, please contact Vinium at:
Vinium is the owner of all right, title and interest (including present and future copyright) in the Platform.
All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Platform (Material) are owned exclusively by Vinium, its related bodies corporate or others who have licensed their material to Vinium (unless expressly indicated otherwise).
For the avoidance of any doubt, the words WithWine and all product and service names, design marks and slogans are the trade marks or service marks of Vinium.
You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:
You may not use any trade mark or service mark appearing on this Platform without the prior written consent of Vinium or the owner of the trade mark.
You must not use any so-called spider or similar automated software or device to use or access the Platform or the Materials in any way.
Vinium prohibits the use of the Platform, for any of the following:
You will have further responsibilities depending on how you use the Platform.
As a producer of wine (Seller) you may use the Platform to offer and sell wine to buyers (Buyer).
As a Seller of wine:
Please add as first item under "As a Seller of wine:"
Any seller determined to have breached any of the outlined responsibilities above may be removed from WithWine without warning
As a Buyer of wine:
Responsible Service of Alcohol
Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By opening a WithWine account and/or placing an order you are confirming to us that you are at least 18 years of age. If outside of Australia you must be of legal drinking of your country of residence.
Vinium encourages the responsible consumption of alcohol and also recommends that alcohol only be enjoyed in moderation.
If you are invited to post Content on the Platform by Vinium, Vinium reserves the right (but assumes no obligation) to remove or amend any such Content. Vinium reserves the right not to accept unsolicited Content or other material.
By submitting any Content to any public or non-public areas of this Platform, you automatically grant Vinium the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.
You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to Vinium the rights and licence stated above. Subject to the foregoing, the owner of such Content placed on our Platform retains any and all rights that may exist in such Content.
All usage information displayed on this Platform, if any, is presented in summary form only and is intended to provide general consumer understanding of the intended operation and benefits of the Vinium’s products displayed from time to time on this Platform.
The Platform may contain links or other connections to websites operated by parties other than Vinium (Links). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Vinium’s inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by Vinium and Vinium is not responsible for the products and/or services being advertised.
You acknowledge and agree that use of this Platform is at your sole risk. Vinium makes no representation or warranty:
To the fullest extent permitted by law, Vinium, its related bodies corporate and their officers, employees, agents and contractors (Group) disclaims all warranties of any kind (whether express or implied) in relation to the Platform and the Material and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Platform or the Material even if Vinium or any other member of the Group was made aware of the possibility of such damages.
Without limitation to the foregoing, the Group acknowledges 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 the Platform 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 Trade Practices Act 1974 (Cth), the Group limits its liability and if any liability remains it will be limited to any one or more of the following in its sole discretion:
Without limitation to the foregoing, you agree that the liability of Vinium and the Group, if any, arising out of any kind of legal claim or action in any way connected to the Platform or the Material will not exceed the sum of AUD$1.00.
No waiver of any obligation or right by Vinium will be effective unless in writing and executed by Vinium.
The Platform is controlled by Vinium from its offices in Sydney, Australia. Vinium makes no representation that the Material or the Platform is appropriate or available for use in other locations. Those who chose to access the Platform from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.
These terms will be governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Copyright © 2014. Vinium Pty Ltd. All Rights Reserved.