Winepros is now under new management, and will shortly be reopening as a wine archive. More information will be coming soon. TERMS OF USE The Winepros web site is owned and operated by Winepros International Pty Limited (ACN 088 085 036), a wholly owned subsidiary of Winepros Limited (ACN 089 111 124) ('Winepros'). By accessing or using the Winepros web site, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the following documents and elsewhere on the web site (known collectively as 'Terms of Use'). APPLICABLE LAW The Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use that will continue to have full force and effect. Winepros makes no representation that the content of this website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved. DISCLAIMER While Winepros has used its best endeavours to ensure that the information contained on and accessed through the Winepros web site is correct and current at the time of publication, Winepros does not accept responsibility for any error, omission or defect in the information. LIMITATION OF LIABILITY This site is provided by Winepros on an "as is" basis. To the fullest extent permissible by law: - Winepros does not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the site or the information, content, materials or products on this site;
- Winepros expressly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;
- Winepros does not warrant that the functions on the web site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components; and
- Winepros does not warrant or make any representation regarding your access to, or the results of your access to, the Winepros web site (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Winepros) will Winepros accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Winepros web site. You expressly acknowledge and agree that Winepros does not exert control over users of the web site (including individuals referred to on the web site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. Winepros' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Winepros to the following: - in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
- in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
THIRD PARTY SITES, ADVERTISING AND E-COMMERCE OFFERS This site contains links to third party sites. Winepros does not accept responsibility for the condition or content of these linked sites as the sites are not under the control of Winepros. Winepros provides these links to you solely as a convenience and the inclusion of any link does not imply any endorsement of the linked web site or its contents. You access third party sites and use their products and services entirely at your own risk. The Winepros' web site also contains third party advertisements, including banner ads and full page advertisements, that contain embedded hyperlinks to web sites operated by third parties. All third party advertising, including referral buttons and embedded hyperlinks, is paid for by the relevant third party advertiser and are not recommendations or endorsements by Winepros. In some instances, an advertisement will contain representations or offers by the third party advertiser that you can accept by linking to the advertiser's web site and executing the relevant transaction. Such offers are not made by Winepros, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party web site. The product prices listed associated with our preferred retailers are also the responsibility of the relevant retailer and are accurate at the time the retailer notifies Winepros. They are subject to change without notice by the retailer. Winepros does not accept liability for any prices or price changes. TERMS AND CONDITIONS RELATING TO WINEPROS' PREFERRED RETAILERS All offers made for the sale of goods and/or services by Winepros' preferred retailers are made by the relevant retailer and not Winepros. All purchases of goods and/or services through the Winepros' web site are governed by and subject to the relevant retailers' terms and conditions. The relevant retailer is solely responsible to you for the delivery of the goods or services you purchase through the Winepros web site. Winepros' preferred retailer of wine is Vintage Cellars. We recommend that you click on Vintage Cellars and read their terms and conditions governing the sale of products from Vintage Cellars. Winepros' preferred retailer of books is Dymocks. We recommend that you click on Dymocks and read their terms and conditions governing the sale of products from Dymocks. COPYRIGHT AND RESTRICTIONS ON USE OF CONTENT ? Winepros Limited 2000/2001. All rights reserved. All information, text, material, images, graphics, software and advertisements (Content') on the Winepros web site are protected by Australian and international copyright and trademark laws. Content on the web site is published in real-time. Using an industry standard Web browser, you may download and view the Content for your own personal, non-commercial use provided that you: - do not download the Content in its entirety as a single file;
- do not modify the copy of the Content from how it appears on the Winepros web site;
- include the copyright notice '? Winepros Limited 2000' in the copy of the Content; and
- comply with all provisions of the Copyright Act 1968 (Cth) and all other relevant Australian and international copyright and trademark laws.
You must not otherwise modify, copy, reproduce, adapt, frame, transmit (including broadcast), republish, distribute, upload to a third party, link to or otherwise use any of the material on the site, including audio and video excerpts, except as expressly permitted by law or with Winepros' prior written consent. You must not use the Winepros web site in any manner or for any purpose that: - is unlawful;
- violates any rights of Winepros; or
- is prohibited by the Terms of Use.
TRADEMARKS The following trademarks are owned by Winepros:  You may not use Winepros' trademarks in connection with any product or service that does not belong to Winepros or in any manner that is likely to cause confusion, or that disparages or discredits Winepros.
You may not use Winepros' trademarks in any way, including in advertising or publicity relating to distribution of materials, without the express prior written permission of Winepros. All other trademarks displayed on the Winepros web site are trademarks of their respective owners. Nothing contained on the Winepros web site should be construed as granting a licence or right of use of any trademark displayed on the Winepros web site unless Winepros or the owner of the relevant trademark expressly permits such use in writing. GRANT OF LICENCE BY USER TO WINEPROS By placing any information or other material on the Winepros web site, including posting messages, uploading files, inputting data or engaging in any other form of communication and, subject to Winepros' Privacy Policy, you grant Winepros: - a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to:
- use, copy, sublicence, redistribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material; and
- sublicence to any third party the unrestricted right to exercise any of the rights outlined in subparagraph (i) above; and
- the right to exploit all proprietary rights in any information or material, including but not limited to, rights under copyright, trademarks, service marks and/or patent laws in any jurisdiction worldwide.
You agree to execute and deliver to Winepros all instruments and take all action that may be required to carry out this grant of licence. FORUM RULES The Winepros web site contains an electronic bulletin board ('the forum'), chat rooms and other communication facilities to allow users to provide feedback to Winepros, real-time interaction between users and other electronic messaging and notice services. Winepros does not endorse, support or guarantee the accuracy of the information, facts or opinions appearing in these sections of the site. For further information, please click on Disclaimer and Limitation of Liability. Winepros reserves the right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that Winepros in its discretion considers objectionable or in violation of any applicable law or the Terms of Use. Winepros has no obligation to monitor the Forum or chat rooms. By using and/or accessing the Winepros web site, you expressly acknowledge and agree that: - the Forum and chat rooms are a means of public and not private communications; and
- any material or information posted to the Forum may be reproduced or archived in any manner that Winepros considers appropriate.
By using and/or accessing the Winepros web site, you agree not to do any of the following: - restrict or inhibit any other user from using or enjoying any communication facilities;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or any other material of a similar nature, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence or infringe any applicable laws;
- post or transmit any material of any kind that violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from the owner;
- post or transmit any material of any kind that contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Winepros does not accept responsibility or liability for any claims, damages or losses resulting from any use of these communication facilities or the materials contained within. Winepros reserves the right to cooperate fully with any law enforcement authority regarding any legal direction or request to disclose the identity or other information in respect of a user who posts any materials that are unlawful. |
