Legal agreement: The following Terms & Conditions (Terms), together with our Privacy Policy are the complete terms of a legal agreement between you and Cellars Wholesalers PTY LTD ABN 33 650 587 518 and related entities (Cellars Wholesalers) in relation to your access to and use of this website. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, do not use this website.
Variation: Cellars Wholesalers may alter these Terms from time to time by posting the altered version on this website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it.
Trading relationship: If you have a trading relationship with Cellars Wholesalers, that trading relationship is governed by a separate agreement between you and Cellars Wholesalers. However, these Terms also apply to your use of this website.
Intellectual property: Material and content displayed on or comprised by this website including text, graphics, logos, button icons, images, the website layout and software is subject to copyright owned by Cellars Wholesalers or its suppliers. That material and content is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the website may be the subject of registered trademarks of Cellars Wholesalers or its suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the website only for personal non-commercial use or for good faith commercial dealings with Cellars Wholesalers, and subject to these Terms. This permission is subject to you not modifying or republishing the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on this website including the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
Information on the website: Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current or complete. This website may contain technical inaccuracies or typographical errors. Cellars Wholesalers assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision based on information on this website.
No advice: This website may contain tips and information including in relation to nutrition and legislation that may be applicable to our customers, suppliers or service providers. Those tips and information are of a general nature only and do not constitute legal or other advice. They should not be relied on as applying to your specific situation or as legal or other advice. Obtain specialist advice including legal advice in appropriate situations.
Third-party material: This website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Cellars Wholesalers is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites. Cellars Wholesalers does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Cellars Wholesalers is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.
Viruses: You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of this website: You agree to comply with all domestic and international laws applicable to your use of this website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this website or any computer. You must not post on this website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Cellars Wholesalers may block or delete from this website any material you post that Cellars Wholesalers decides contravenes those requirements. You must not impersonate or misappropriate the identity of another person. Use of this website in contravention of these Terms may result in you being banned from the website and being liable to Cellars Wholesalers for breach of contract and/or infringing applicable law.
Disclaimer of warranty: You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (Warranties) whatsoever. To the extent legally permitted, Cellars Wholesalers expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Cellars Wholesalers does not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by Cellars Wholesalers not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, Cellars Wholesalers limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Cellars Wholesalers’s discretion.
Limitation of liability: To the extent legally permitted, Cellars Wholesalers is not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data. These exclusions apply even if Cellars Wholesalers is expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Cellars Wholesalers’s maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
Indemnity: You agree to indemnify, defend and hold harmless Cellars Wholesalers from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these Terms, the rights of another party or any applicable law or arising out of any activity related to your account connected with this website, by you or any other person accessing this website using your account. The indemnity in this clause extends to and applies for the benefit of Cellars Wholesalers’s officers, directors, employees, agents, contractors, licensors and suppliers.
Password security: If you are allocated a password to access any part of this website, you are responsible to prevent the password being disclosed to any third party.
Privacy: Your privacy is important to Cellars Wholesalers. By providing your details to Cellars Wholesalers via the website, you consent to Cellars Wholesalers maintaining, recording, holding and using that information to process orders, to pay invoices, to improve service to customers and to inform you of promotions. Further information about the collection and use of your personal information is contained in our Privacy Policy.
Applicable law: These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.