This website is owned and operated by Luxe Wine Tours and its successors and assignees. You can access it at www.luxewinetours.com.au, and it may also be accessible through other addresses or channels.
These Terms of Use (Terms) apply to anyone accessing and using our website (referred to as “you” or “your”). By using our website, you are entering into a contract with us. Please take the time to read these Terms carefully. If you have any questions, feel free to contact us using the contact details provided below. Your use of the website signifies that you’ve had ample opportunity to review and accept these Terms. If you do not agree with these Terms, please discontinue your use of the website.
Information: The content on this website, including statements, opinions, and documents (referred to as “Information”), is intended for general information purposes only. It doesn’t consider your specific needs, objectives, or circumstances, and it is not meant to be taken as advice. You use the Information at your own risk. Before acting based on any Information, we recommend that you evaluate its suitability for your situation, conduct your own research, and seek professional advice as needed.
Amendment: We may make changes to the Information and Terms at our discretion without prior notice. Your continued use of the website after these changes indicates your acceptance of the amended terms. It’s your responsibility to regularly review the Terms for any updates and only continue using the website if you agree to and will comply with the new Terms.
Your Warranties: By using the website, you warrant that you have the legal capacity to enter into these Terms and form a contract. You must also confirm that you’ve read and understood these Terms before using the website.
License to Use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and license to use the website for personal, non-commercial purposes, subject to these Terms. Any other uses require our prior written consent.
Prohibited Conduct: You are prohibited from using the website for certain activities, including posting or transmitting material that:
You don’t have the necessary rights, licenses, or consents for.
Infringes on the intellectual property or other rights of others.
Would lead to a breach of any law, regulation, rule, code, or legal obligation.
Harasses, threatens, defames, offends, or restricts any individual.
Is or could reasonably be considered obscene, inappropriate, defamatory, indecent, offensive, or in violation of privacy.
Additionally, you must not interfere with or inhibit other users from using the website, send unsolicited emails, tamper with the website, or facilitate any of these prohibited acts by a third party.
Copyright and Intellectual Property Rights: The material on the website is protected by Australian and international laws, including trademarks, trade names, software, content, design, images, and other elements. We own the copyright to all creative and literary works displayed on the website. You acknowledge that we retain all intellectual property rights, and these Terms do not grant you a license to use the intellectual property displayed on the website without our express written permission.
Privacy: Your privacy is important to us. Please review our Privacy Policy, available on the website. By agreeing to these Terms, you also agree to accept our Privacy Policy.
Your Content: If you choose to add any content to the website, you must ensure that you have the necessary rights to post this content. You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, and transferable right and license to use your content in various ways, including reproduction, modification, and public communication. You also consent to actions that might otherwise infringe on your moral rights. If your content includes moral rights held by a third party, you must ensure their consent in a similar manner.
Third Party Information and Links: The website may include third-party information, such as user comments, guest articles, and advertisements (referred to as “Third Party Information”). We do not endorse, control, or sponsor Third Party Information or the products and services mentioned within it. It’s your responsibility to assess the suitability of Third Party Information for your needs. The website may also contain links to third-party websites (referred to as “Third Party Sites”). We don’t control or endorse Third Party Sites or the products and services mentioned on them. You should conduct your own investigations to determine if Third Party Sites are suitable for you.
Reservation of Rights: We reserve the right to amend or delete your content, Third Party Information, or Third Party Sites and to block users if we believe there’s a violation of these Terms or any other reason at our discretion.
Delays and Outages: We are not liable for delays or interruptions on the website. While we make reasonable efforts to minimize these disruptions, we cannot guarantee that the website will always be available. We may discontinue the website, either wholly or partially, at any time and without notice. We are not responsible for any loss, cost, damage, or liability resulting from the discontinuance of the website.
Limitation of Liability: To the extent permitted by law, we disclaim all liability for any loss, damage, costs, or expenses, whether direct or indirect, including loss of profits, arising from your use of or access to the website or any inability to use it. Except as expressly stated in these Terms and as required by the Australian Consumer Law, we make no representations, warranties, or guarantees about the completeness, accuracy, reliability, suitability, or availability of the Information, Third Party Information, or Third Party Sites.
Indemnity: By using the website, you agree to defend, indemnify, and hold us (including our officers, directors, employees, contractors, and agents) harmless from any claims, actions, suits, demands, damages, liabilities, costs, or expenses, including legal costs, arising from your use of the website, breach of these Terms, or any wilful, unlawful, or negligent acts or omissions. This defence and indemnification obligation remains in effect even after these Terms are terminated. These Terms cannot be transferred or assigned by you but may be assigned by us without restrictions.
Breach: You may only use the website for lawful purposes and in a manner consistent with its nature and purpose. If you disagree with the exclusions and limitations of liability stated in these Terms, you must not use the website. We reserve the right to remove any content that violates intellectual property rights, is inappropriate, or illegal, as determined by us. We can block you from using the website and enforce our rights if you breach these Terms. Our failure to act regarding a breach by you doesn’t waive our rights to act in response to subsequent or similar breaches.
Exclusion of Competitors: You are not allowed to use the website, including its Information, in a way that competes with our business. If you breach this term, you may be held responsible for any losses we incur and any profits you gain from non-permitted use. We have the right to exclude anyone from using the website and Information at our sole discretion.
Enforceability: If a court of law finds any provision in these Terms to be illegal, invalid, or unenforceable, it won’t apply in that jurisdiction and is considered not included in these Terms in that jurisdiction. This won’t affect the rest of these Terms, which remain in full force.
Further Assurances: Each party must take any necessary actions, at their own expense, to ensure that these Terms are fully effective, and all events contemplated in these Terms occur.
Termination: These Terms remain effective until terminated by us, which we can do at any time without notice to you. Upon termination, restrictions and limitations set out in the Terms continue to apply.
Disputes: You agree to attempt mediation and negotiation to resolve any disputes related to these Terms before resorting to an external dispute resolution process. Please notify us in writing of any disputes.
Jurisdiction: Your use of the website and any disputes arising from it are subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and are subject to the exclusive jurisdiction of the courts in New South Wales. The website can be accessed throughout Australia and overseas. We make no representation that the website complies with the laws, including intellectual property laws, of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws in your location.