Terms of Use
This webpage contains the Terms of Use governing your access to and use of the Western Tiers Distillery website.
1 Overview
In these Terms of Use, a reference to ‘we’, ‘us’ and ‘our’ means Western Tiers Distillery Company Pty Ltd. ABN 36 629 784 318 (Western Tiers Distillery). A reference to ‘you’ or ‘your’ in these Terms is a reference to any person, accessing, reviewing or using the Western Tiers Distillery website currently located at www.westerntiersdistillery.com.au (Website). By using or accessing the Website you agree to be bound by these terms and conditions (Terms of Use).
2 Changes to Terms
We may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this website. Any modifications will take effect when posted to the Website. By your continuing use of the website after changes are posted, you will be deemed to have accepted such changes.
3 Scope of Use and User E-Mail
You are only authorised to view, use, copy for your records and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the content on this website, or the design or layout of the website or individual sections of it, in any form or media. The systematic retrieval of data from the website is also prohibited. E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. We shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set out in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the website without the prior written consent of Western Tiers Distillery is strictly prohibited.
4 Copyrights and Trademarks
The materials at this Website, as well as the organisation and layout of this site, are copyrighted and are protected by Australian and international copyright laws and treaty provisions. You may access, download and print materials on this website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the website, must include Western Tiers Distillery’s copyright notice. No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without the prior written permission of Western Tiers Distillery. Except as expressly provided under the ‘Scope of Use’ section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this website without the prior written permission of Western Tiers Distillery. You may not use a part of this website on any other website, without consent from Western Tiers Distillery. We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@westerntiersdistillery.com.au
5 Links
For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, we do not control or endorse such websites and we are not responsible for their content nor responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Western Tiers Distillery’s website and the products and services Western Tiers Distillery offers. If you decide to access any of the third party sites linked to this website, you do so at your own risk.
Western Tiers Distillery reserves the right to terminate any link or linking program at any time. Western Tiers Distillery disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
You may not link to this website without written permission from Western Tiers Distillery. If you are interested in linking to this website, please contact info@westerntiersdistillery.com.au
6 No Unlawful or Prohibited Use
As a condition of your use of the website, you warrant to Western Tiers Distillerythat you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
7 Spamming
Gathering email addresses from Western Tiers Distillerythrough harvesting or automated means is strictly prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is also strictly prohibited.
8 User Communications
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Western Tiers Distillery or its affiliates for all claims resulting from content you supply. Some of the forums (individual bulletin boards and posts on the social network, for instance) on the websiteare not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the website reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. We have full discretion to delete messages and users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
Wereserve the right (but are not obligated) to do any or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
(d) Terminate a Member’s access to any or all Public Areas and/or the website upon any breach of these Terms of Use.
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the website, regardless of whether such communication(s) violate these standards.
We reserve the right to take any action we deem necessary to protect the personal safety of our guests or the public. We have no liability or responsibility to users of the Website or any other person or entity for performance or non-performance of the aforementioned activities.
9 No Warranties
The website, and any content, are provided to you on an ‘as is’, ‘as available’ basis without warranty of any kind, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which we expressly disclaim.
We do not endorse and make no warranty as to the accuracy, completeness, currency, or reliability of the content, and wewill not be liable or otherwise responsible for any failure or delay in updating the website or any content. We have no duty to update the content of the website.
We make no representations or warranties that use of the content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the website and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components.
10 Limitation of Liability
Your use of the content is at your own risk. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of the website, its content or the information on it. The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. You agree that we will not be liable for any direct or indirect loss, or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of the website or any other third party linked website.
Subject to our above disclaimers, under no circumstances will we be liable for any direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the website. We are not responsible to you or anyone else for any loss suffered in connection with the use of the website, any of its contents, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.
You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these terms or of any other legal obligation by you or your use of or conduct on the website.
11 Jurisdiction
These Terms of Access are governed by the laws in force of the State of Tasmania, Australia. You submit to the non-exclusive jurisdiction of the Courts of Tasmania, Australia in respect to any claim made by either party against the other which in any way arises out of these Terms of Access.
For further information, please contact:
Western Tiers Distillery Company Pty Ltd
67 Meander Valley Road
Westbury, Tasmania 7303
(+61) 0487 111 781
info@westerntiersdistillery.com.au
