Website Terms & Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
The Piggs Peake Wines Web Site (the “Web Site”) is provided by Piggs Peake Wines Pty Limited (“Piggs Peake Wines”) and/or its affiliates and subsidiaries for your and others’ personal and commercial use, subject to the terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by Piggs Peake Wines. By using this site you are deemed to have agreed to these terms and conditions of use. Piggs Peake Wines may change the Terms and Conditions from time to time at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Web Site. By using this site after Piggs Peake Wines posts any changes, you agree to accept those changes. If at any time you choose not to accept these Terms and Conditions of use please do not use this site.
Liquor Producer/Wholsaler Licence
Piggs Peake Wines is a licenced producer/wholesaler pursuant to the Gaming and Liquor Administration Act 2007 (“the Act”).
The ordering and supply of product by way of this Web Site is subject to and conditional upon compliance with the Act at all times.
You acknowledge and agree as follows:
- Placement of an online order with Piggs Peake Wines requires the purchases to be the age of 18 years or over. Please note that any order placed by a person under 18 will not be processed and product will not be delivered.
- Any wine purchased from Piggs Peake Wines must not be on-sold to other parties without the express written agreement of Piggs Peake Wines.
- Piggs Peake Wines reserves the right to substitute a wine of the same style with a different vintage, if the selected vintage becomes out of stock or unavailable.
Piggs Peake Wines delivers wines Australia wide (and internationally by arrangement – please contact the winery directly). The cost of delivery is calculated based on size and weight of the product ordered and delivery location. This cost will be calculated during the purchase process and included in the total cost of the wine purchased at checkout.
Please note that no delivery costs will be charged for any one order for 12 or more bottles of wine for delivery in Australia.
Delivery will take between 3-5 working days after the order is placed, depending upon location. Timeframe may be longer when unexpected events occur outside of our control may occur occasionally.
Please ensure all details and the address for the delivery location is correct. Piggs Peake Wines shall not be liable for any delay caused to delivery due to incomplete or inaccurate address details being provided by you.
Please note a person under the age of 18 years of age is unable to accept the order on delivery.
Returns and Refunds
Products/ goods may be returned and a refund paid to you under the following conditions:
- The product is returned within 28 days of the date of order.
- The product is unopened and returned in a satisfactory condition so that the product will be available for re-sale.
In the unlikely event that the product is deemed by you to be undrinkable or has some other defect as to its quality, please immediately contact us so that arrangements put in place for the return of the product. Once the product is returned and assessed the product will be replaced or a refund provided.
If a product becomes unavailable (out of stock etc ) a credit for the purchase of alternate product or a refund will be made available to you.
Cancelation of an Order
If you wish to cancel an order please contact Piggs Peake Wines as soon as possible between 10am – 5.30 pm on (02) 6574 7000 or email@example.com.
Please note that once product has been shipped an order can no longer be cancelled. A refund can in these circumstances in accordance with the Returns and Refund Policy.
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for your use. By using the Web Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Piggs Peake Wines reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation, you agree to not use the Web Site or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” another;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Piggs Peake Wines officer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Piggs Peake Wines is not responsible for material submitted to Piggs Peake Wines or posted to the Web Site by users. Piggs Peake Wines does not pre-screen, monitor, review or edit the Content posted by users. However, Piggs Peake Wines has the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Piggs Peake Wines’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Piggs Peake Wines is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Piggs Peake Wines. You agree to immediately notify Piggs Peake Wines of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Piggs Peake Wines may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Piggs Peake Wines, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Piggs Peake Wines assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Piggs Peake Wines.
Any or all Content on the Web Site may be purged periodically in Piggs Peake Wines’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Piggs Peake Wines or submitted to Piggs Peake Wines, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Piggs Peake Wines, and Piggs Peake Wines does not support or endorse Content (including any Contribution, whether or not edited by Piggs Peake Wines or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Restrictions On Use of Material
The content on this Web Site is intended for your use only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from Piggs Peake Wines (and from all other entities with an interest in the relevant intellectual property) may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
In operating this site, Piggs Peake Wines does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Piggs Peake Wines postal and e-mail addresses, or in any other way. Any information or material submitted or sent to Piggs Peake Wines, will be deemed not to be confidential or secret. By submitting or sending information or other material to Piggs Peake Wines you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant Of Limited License
By communicating with Piggs Peake Wines, including submitting or sending Content, a Contribution or other information or material to Piggs Peake Wines, you grant Piggs Peake Wines a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Piggs Peake Wines feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Piggs Peake Wines.
You also warrant that any “moral rights” in posted materials have been waived.
You may be able to link to third parties’ Web Sites (“Linked Sites”) from the Web Site. Linked Sites are not, however, reviewed, controlled, or examined by Piggs Peake Wines in any way and Piggs Peake Wines is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Piggs Peake Wines’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Piggs Peake Wines be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Piggs Peake Wines reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Special Notice: The Linked Sites may contain content and graphics that contain sexually explicit material unsuitable for minors, or that may otherwise be offensive. If you enter these linked sites, you assert that you are of legal adult age in your jurisdiction to view such materials and that the viewing, reading, and/or downloading of content from these linked sites does not violate the community standards of your locality, city, town, county, state, province, country or other community to which you belong, and/or from which you access these linked sites.
Permission must be granted from Piggs Peake Wines for any type of link to Piggs Peake Wines. To seek our permission, you may write to Piggs Peake Wines. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Contests, Promotions, Simulations or Games
From time to time, Piggs Peake Wines may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Promotion(s)”). To participate in Promotions, you may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Piggs Peake Wines. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. Piggs Peake Wines, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Piggs Peake Wines and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through, the Web Site. Piggs Peake Wines is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Promotion is conducted, are subject to immediate disqualification and revocation of their registration. Piggs Peake Wines is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Promotion.
Piggs Peake Wines reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
Intellectual Property Rights
All materials including all images contained in this Web Site are the copyrighted property of Piggs Peake Wines and its affiliates or licensors. As between Piggs Peake Wines and you, Piggs Peake Wines is the sole owner of all content on the Web Site, including without limitation, all applicable Australian copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion including any images, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Disclaimer Of Warranties
The web site and services are provided without warranty of any kind, either express or implied. Without limitation Piggs Peake Wines specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the web site or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by the web site, including without limitation as a result of (1) any error, omission, deletion or defect in the content, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action. Piggs Peake Wines does not warrant or guarantee (1) that any portion of the web site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or (2) that access to the web site will be uninterrupted or error-free.
Piggs Peake Wines does not warrant or make any representations regarding the use or the results of the use of the materials in this Web Site. You (and not Piggs Peake Wines or any of its agents) assume the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation Of Liability
In no event will Piggs Peake Wines, its officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors or assigns, be liable to any party (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the web site, even if Piggs Peake Wines or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the web site. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Piggs Peake Wines’s liability shall be limited to the extent permitted by law.
Upon a request by Piggs Peake Wines, you agree to defend, indemnify and hold Piggs Peake Wines, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Piggs Peake Wines reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Piggs Peake Wines in asserting any available defense.
We respect the intellectual property rights of others, and require that the people who use the Web Site do the same.
Applicable Laws / Jurisdiction
You agree that the laws of the State of New South Wales (Australia), excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Piggs Peake Wines or relating in any way to your use of the Web Site resides in the courts of the State of New South Wales (Australia), and you further agree and expressly consent to the exercise of personal jurisdiction in the State of Victoria (Australia), in connection with any such dispute and including any claim involving Piggs Peake Wines or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in Sydney, Australia. We do not represent that materials on the site are appropriate or available for use outside of Melbourne, Australia. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to our contact form.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Piggs Peake Wines may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us.
Piggs Peake Wines