Terms & Conditions

These conditions of use ("Conditions of Use") set out the conditions applicable to your use of, including your acquisition of products or services through, this website ("Website") by Willoughby Park Winery. Willoughby Park Winery may amend these Conditions of Use at any time by posting the amended terms on this Website which you acknowledge shall constitute sufficient notice to you thereof. These Conditions of Use were last amended on 01 November 2011.

Acceptance of terms

You acknowledge and accept that by using this Website, you agree to be bound by these Conditions of Use. If you do not agree with any of these terms, do not use this Website.

Any use of and/or acquisition of any product and/or service offered on this Website is subject to the applicable Willoughby Park Winery Contract Conditions which are available upon request.

Copyright

Unless expressly indicated to the contrary, Willoughby Park Winery or its licensors own copyright in all texts, graphics and layouts ("Material") on this Website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this Website. You acknowledge that you do not acquire any ownership rights by downloading Material from this Website.

Reproduction

You may reproduce in whole or in part the Material only if:

• the reproduction is not for public or commercial purposes; and
• you do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute Willoughby Park Winery as the copyright owner or licensee of the work.

Framing

Unless we notify you to the contrary, you may not incorporate any Material or parts of such Material on this Website into your website.

Trade marks

Willoughby Park Winery is the owner of the Willoughby Park Winery logo ("Willoughby Park Winery Trade Mark"). The Willoughby Park Winery Trade Mark must not be used by you or any other person except as part of an authorised reproduction of the Materials. You must not modify, or permit the modification of, the Willoughby Park Winery Trade Mark. Nothing contained in this Website should be construed as granting any licence or right to use any Willoughby Park Winery Trade Mark displayed on this Website, without the written permission of Willoughby Park Winery.

Disclaimer

You agree that your use of this Website (including downloading Material) is at your sole risk.

The Material on this Website is intended to provide general information only and may not be accurate or current. Material is provided on an "as is" and "as available" basis. Willoughby Park Winery and its suppliers do not warrant or make any representations concerning the completeness, timeliness, suitability or accuracy of any Material on this Website including, without limitation, the prices of products or services, contained on or accessible through this Website, or that access to this Website will be uninterrupted, timely or secure. To the extent permitted by law, in no event shall Willoughby Park Winery and its suppliers be liable for any damages of any kind related to the completeness, timeliness, suitability or accuracy of any Material.

This Website may contain hypertext links, frames or other references to websites operated by third parties ("Third Party Websites"). Willoughby Park Winery cannot control the contents of Third Party Websites, and make no warranty about the completeness, timeliness, suitability, accuracy or subject matter of the Material located on Third Party Websites. Willoughby Park Winery do not approve of, endorse, or sponsor any content or Material on Third Party Websites.

Willoughby Park Winery make no warranties or representations that use of Material on Third Party Websites to which this Website is linked does not infringe the intellectual property rights of any person anywhere in the world.

We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in Material on Third Party Websites by linking to such Material or allowing such Material to link to this Website.

Limitation of liability

To the maximum extent permitted by law, under no circumstances will Willoughby Park Winery be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising out of or referable to the accessing, downloading, using or relying on any Material on this Website or any Material on a Third Party Website, whether caused by the negligence of Willoughby Park Winery or otherwise.

The liability of Willoughby Park Winery for a breach of a condition or warranty implied by law and which cannot be excluded, is limited, to the extent possible, at Willoughby Park Winery's option, to:

a. the supply of the goods or services again; or
b. the repair of the goods; or
c. the payment of the cost of having the goods or services supplied again or repaired.

Virus warning

Willoughby Park Winery does not represent or warrant that any files obtained from or through this Website are free from computer viruses or other defects, including trojan horses, worms and alike. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

Indemnity

You agree to defend, indemnify and hold Willoughby Park Winery, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this Website or the placement or transmission of any Material on this Website by you.

Revisions

Willoughby Park Winery reserves the sole right to either change, modify, delete or add any Material on the Website or discontinue your access to the Website including any features on it at any time with or without notice to you. Willoughby Park Winery is not liable to you or to any third party should it exercise such right. Modifications may include, but are not limited to, changes in the services and/or products listed and/or the prices of such services and/or products.

Willoughby Park Winery may, in its sole discretion, terminate or suspend your access to all or part of this Website for any reason. Any suspected abusive or illegal activity may result in termination of your access and the activity may be referred to appropriate law enforcement authorities.

Concerns regarding Conditions of Use

Should you object to the Conditions of Use or any subsequent modifications thereto or become dissatisfied with this Website, your only recourse (to the extent permitted by law) is to immediately terminate your use of this Website.

If you have any issues and/or questions with these Conditions of Use or any rule, policy, guideline or practice which Willoughby Park Winery uses to operate this Website, please do not hesitate to contact Willoughby Park Winery:

PO Box 987
Denmark WA 6333
Phone: +61 08 9848 1555