Terms & Conditions

Only persons over the age of 18 years can purchase wine on this website.

Under the Liquor Control Reform Act 1998 it is an offence

Privacy Policy - Your Details

Mount Avoca will store personal details only to keep subscribers up-to-date via our opt-in subscription newsletter.

It is the policy of Mount Avoca to NOT sell or exchange personal details.

Your details will be kept solely for the purpose of subscription updates, you will be removed if requested.

Place of Applicable Law

Mount Avoca is registered in Victoria, Australia. Materials on this site are directed solely at those who access it within Australia. Those accessing this site from other locations are responsible for compliance with local laws if applicable. You and we each submit to the exclusive jurisdiction of the Australian courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Victorian Law shall govern this Agreement and any dispute shall be determined by courts of Victoria.

Website Content

Reasonable care has been taken by Mount Avoca in the design, layout and content of this site. However, to the extent permitted by applicable law, Mount Avoca disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials within this site.

Mount Avoca shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained within this site.

Links within this site may lead to sites which are not under the control of Mount Avoca. When you activate these you will leave the Mount Avoca site and Mount Avoca will not accept any responsibility or liability for the material on any other site as Mount Avoca has no control over any other site.

Errors

We aim to provide the most accurate information on our website, however in the case of typographical errors or information which is not correct, Mount Avoca reserves the right to correct the error and will not be liable for any liabilities or actions resulting from the error.

Limitation of Liability

You agree that Mount Avoca shall not be liable either in contract, tort, negligence, statutory duty or otherwise for any:

1.0 loss of profits, goodwill, revenue or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with use of the web-site or any agreement arising from such use.

2.0 direct damage or loss, including damage or loss which is reasonably foreseeable or occurs naturally in the course of things, resulting in any acts, omissions, failures or delays occurring to, on or in relation to those parts of the Internet not under Mount Avoca's direct control, including, without limitation, loss or damage of business, loss of sales, non payment of monies due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where Mount Avoca has been advised of the possibility of such damage or loss.

3.0 You agree that, except in relation to such liability as has been expressly excluded in clause 1.0, the maximum aggregate of liability of Mount Avoca in contract, tort, negligence, statutory duty or otherwise, even where Mount Avoca has been advised of the possibility of such damage or loss, for any damage or loss arising from or in any way connected with: 3.1 any defect in a product 3.2 any failure by Mount Avoca to process signals, data, information, orders or messages correctly or in a timely manner, or any misrouting or non delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them, and any liability not excluded by this Agreement shall, in respect of any one or more events or series of events, connected or unconnected, taking place within any twelve month period be limited in the case of defects falling within clause 3.1 to the price of the relevant goods or replacement of said goods or services. This limit shall also apply in the event that any exclusion or other provision contained within this Agreement is held to be invalid for any reason and Mount Avoca becomes liable for damage or loss that could otherwise have been limited.

4.0 You agree and acknowledge that you are in a better position than Mount Avoca to foresee and evaluate any potential loss or damage that you may suffer in connection with the goods and services provided by Mount Avoca, and therefore that Mount Avoca cannot adequately insure in respect of such liability. You warrant to Mount Avoca that you will insure against, or bear yourself, any loss for which Mount Avoca has excluded liability

5.0 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some limitations set out in clause 5 may not apply to you.

6.0 Nothing in this Agreement shall effect the statutory rights of any customer, exclude or restrict any liability for death or personal injury arising from negligence or fraud of Mount Avoca.

Indemnity

Save to the extent that it falls within the provision of Delivery you shall indemnify Mount Avoca and any third party, including its sub contractors, from and against any liability, losses, rights expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal charges, arising from your use of the Mount Avoca site or purchase of goods/services from that site which are brought or threatened against Mount Avoca or suffered or incurred by Mount Avoca by another person or entity.

Copy

All pictures, photographs, text, design and layout of the Mount Avoca site are intellectual property owned by Mount Avoca and all intellectual property, trademark and copyright laws apply. You may print portions of the Mount Avoca site for your personal and non commercial use.

Use of any content of the Mount Avoca site is strictly prohibited without the prior written consent of Mount Avoca and its Director.

Beyond Reasonable Control

Mount Avoca shall not be held liable for any breach of this Agreement caused by circumstances beyond its control, but not limited to Acts of God, fire, lightening or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers or acts of local or central Government or other competent authorities.

Serverability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable. 

Wine Club Terms & Conditions: