), form the basis on which you may access and use the websites. We reserve the right to change any or all of the ‘Terms and Conditions’ or other conditions for using the websites at any time by publishing the new ‘Terms and Conditions’ on the websites. Your use of the websites constitutes your acceptance of those terms. Should you object to any of the ‘Terms and Conditions’ or other notices on the websites your sole option is to immediately cease your use of the websites and notify WPS on [email protected]
WPS and its related entities and trading names are responsible for maintaining the websites, publications and mobile applications. WPS makes no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on the websites by or on behalf of WPS, or and any Third Party Content on WPS’ websites) and 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 any recipient through relying on anything contained in or omitted from WPS’ websites, publications and / or mobile applications.
means information including all content, data, text, video, still images, audio or other material that you may view, save, sort and share on the websites as permitted under this Agreement.
User Generated Content (UGC)
means information including all content, data, text, video, still images, audio or other material that website users may upload to the websites as permitted under this Agreement.
is the recommender tool uses to create personalised recommendations for Guests and Members.
Marketing Partner Content
means information including data, text, video, still images, audio or other material that WPS has been permitted (paid and unpaid) to host, share, publish, post, store or upload to the website.
means Wine Preference Systems Pty Ltd and any of its subsidiaries and trading names.
means any website operated by WPS.
Restrictions on use of websites
In accessing or using the websites, you agree that you will not:
– use any automated device, software, process or means to access, retrieve, scrape, or index any content on the websites;
– use any device, software, process or means to interfere or attempt to interfere with the proper working of the websites;
– undertake any action that will impose a burden or make excessive traffic demands on WPS infrastructure that is deemed, in our sole discretion to be unreasonable, and may or may not have the effect of damaging, disrupting normal website function, or creates disproportionate site usage;
– use any content on, or index the websites for purposes of constructing or populating a searchable database of wines or wine tourism experiences that compete with WPS in any manner;
– transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
– use the websites, or any content from the websites, in any manner which is, in WPS’ sole discretion, not reasonable and / or not for the purpose for which it is made available;
– violate the rights of any person, including trade mark, copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
– pose as any person or entity or attempt to solicit money, passwords or personal information from any person related to WPS or WPS’ websites;
– act in violation of any of the ‘Terms and Conditions’ or other conditions posed by WPS or any applicable law;
– reproduce, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit any content on the websites, except as expressly authorised by WPS; or
– transmit, or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive, illegal or unsolicited nature.
WPS reserve the right to exercise whatever means deemed necessary to prevent unauthorised access to any of its websites, including, but not limited to, instituting technological barriers, or reporting user conduct to any person or entity.
Membership Terms and Conditions
Thank you for becoming a Guest or member of WPS’ Websites. As with any contractual agreement, it is important that we outline the terms with which an individual can use the websites as simply and thoroughly as possible. Please take the time to read this information carefully to avoid any confusion. It is important that uses understand that these ‘Terms and Conditions’ constitute a contract between you and WPS. Should any conflict develop regarding what is set out in this information and anything you have been informed through advertising or third parties, the terms in this contract will be considered absolute. Failure by WPS to enforce any of its rights at any time, for any period, shall not be construed as a waiver of those rights.
Please note, all prices are in Australian Dollars ($AUD) and are GST inclusive.
1. CONTRACT FORMATION
A contract arises between you and WPS once you have agreed to these ‘Terms and Conditions’ by ticking the acceptance box at the bottom of this document, or membership form.
Failure to read the ‘Terms and Conditions’ is not considered justification for failure to comply with, or breach of the ‘Terms and Conditions’ as set out on this website. This Contract will be governed by the laws of the state of Victoria, Australia.
2. MEMBERSHIP ENTITLEMENT
Your membership entitles you to use the WPS websites and access the membership features for a period of one year in accordance with these ‘Terms and Conditions’.
3. GUEST ENTITLEMENT
Your Guest membership entitles you to use the WPS websites and access the membership features for a period of seven days in accordance with these ‘Terms and Conditions’.
4. MINIMUM AGE
Membership is limited to persons who have reached, or are older than the minimum legal age for drinking alcohol in their country of residence.
5. USER GENERATED CONTENT
Members and Guests (Users) are provided the ability to upload content to the websites. In doing this, the User guarantees that they have the unqualified right to publish this material, that it is not subject to copyright or other encumbrance that could deem the content upload illegal in any jurisdiction.
The action of uploading content to the websites enables WPS to claim copyright over these materials. WPS can republish these materials in any manner it sees fit. In doing so, WPS will acknowledge the Author of the content.
You will be required to provide membership identification credentials (login name and password) each time your access the websites. If you have forgotten your membership credentials, you may contact us for assistance, or retrieve you information through the ‘forgotten password’ prompts located on the ‘Login’ tab.
You are solely responsible for the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities, which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by, or transferred to, any other person.
By law, WPS must retain all passwords in an encrypted format. As a result, WPS is unable to retrieve your password, however each Guest or Member has the ability to reset their credentials by entering either the username or contact email address.
8. MEMBERSHIP FEE REFUNDS
WPS will provide membership refunds should circumstances necessitate it. However, this refund policy expires 7 days from the date that the membership was purchased. WPS cannot provide a refund to members who received membership through a third party.
Any complaints can be sent to: Wine Preference Systems, Jones Bay Wharf, 9/26-32 Pirrama Rd, Sydney NSW 2009, Australia,
Complaints can also be submitted by emailing Wine Genius’ CEO at; [email protected]
. We will endeavour to respond within 3 working days.
10. CHANGE OF DETAILS
You must keep us informed of any change of email address and any other information relevant to your membership or products and services provided within WPS’s websites.
WPS reserves the right to, in our sole discretion, suspend or terminate your membership or access to any, or all of its websites, including if we believe you are abusing the services in any way, have breached the Terms and Conditions or are no longer an active member.
Published: 1 January 2017