By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement. This Agreement applies to all users of the Site, including without limitation purchasers of goods (“Buyers”), sellers of goods (“Sellers”, “Vineyards”, €œShops€ or “Vendors”) contributors of content, information and other materials or services on the Site.
WineCloud is a Marketplace
WineCloud acts as a marketplace to allow Users who comply with WineCloud’s policies to offer, sell and buy goods within a fixed-price format. WineCloud is not directly involved in the transaction between Buyers and Sellers. As a result, WineCloud has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. WineCloud does not pre-screen the content or information provided by Users. WineCloud cannot ensure that a Buyer or Seller will actually complete a transaction.
The users of this Site are not known to WineCloud other than the information provided by a User upon registration and thus we do not know, and cannot guarantee, the true identity or any other personally identifiable information of any of our Users.
You agree that WineCloud is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on WineCloud. You use the WineCloud service at your own risk.
All pages within this Site are the property of WineCloud and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of WineCloud.
WineCloud is not responsible for any loss incurred in relation to use of the Site.
WineCloud makes no express or implied representations or warranties of any kind as to the operation of this Site or any information, goods or services offered on this site, except to the extent that such obligation cannot be excluded at law.
WineCloud does not warrant that use of the website will be uninterrupted or free from defects and viruses or that the information provided will be current. WineCloud is not liable if your computer system is in any way damaged or affected by your use of this Site.
To the extent permitted by law, we exclude all liability for any loss or damage (including without limitation indirect, special, punitive or consequential loss or damage) arising from the use or reliance on this website whether or not caused by a negligent act or omission.
This Site contains links to third party websites. These links are provided for your convenience and information only. Third party websites are not under WineCloud’s control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites.
The inclusion of a link in this Site does not imply WineCloud’s endorsement of the third party website nor that WineCloud is affiliated with the third party website’s owners or sponsors.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to WineCloud and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on WineCloud.
Restricted Activities: Your Content and your use of WineCloud shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement any site policy or guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including WineCloud staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Manipulate the pricing structure of WineCloud
- Manipulate WineCloud fee structure, the billing process, or fees owed to WineCloud
- Send viruses or other technologies that may harm WineCloud or WineCloud Users
As part of a transaction, Sellers may obtain the personal information, including email address and shipping information of Buyers. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for WineCloud-related communications. WineCloud has not granted you a license to use the information for unsolicited commercial messages. You are not licensed to add any WineCloud User to your email or physical mail list without express consent from the User.
Without limiting any other remedies, WineCloud may, without notice, and without refunding any fees, delay or immediately remove Content, warn WineCloud\’s community of a User’s actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User if any of the following apply:
Responsibilities of the Seller
- It is the responsibility of the seller to ensure that all product images and descriptions are correct and up to date
- It is the responsibility of the seller to ensure that any products listed are available for sale and dispatch to a customer
- It is the responsibility of the seller to ensure that products listed are original work unless expressly stated
- It is the responsibility of the seller to ensure that all company details and descriptions are correct and up to date
- It is the responsibility of the seller to ensure that all shipping and returns policies are clearly outlined and up to date
- It is the responsibility of the seller to ensure that products purchased are dispatched to the customer, and in a reasonable timeframe as outlined by the seller’s Shipping Policy
- It is the responsibility of the seller to ensure that Order Statuses are correct and up to date
- It is the responsibility of the seller to adhere to and fulfil their shipping and returns policies
- It is the responsibility of the seller to communicate directly with the buyer should they have any questions or issues
- It is the responsibility of the seller to ensure they do not post links to any external online stores or marketplaces
- Any seller determined to have breached any of the outlined responsibilities above may be removed from WineCloud without warning
Responsibilities of the Buyer
- It is the responsibility of the buyer to ensure that they understand they are entering into an agreement to purchase a product from the seller and not from WineCloud
- It is the responsibility of the buyer to read and accept the seller’s shipping and returns policies, and any other policies or terms outlined by the seller before purchasing a product
- It is the responsibility of the buyer to communicate with the seller should they have any product or order enquiries
- It is the responsibility of the buyer to engage communication with the seller before purchase, should they have any questions or concerns about product or seller validity
- It is the responsibility of the buyer to supply correct and up to date delivery information upon purchasing through WineCloud
Responsible Service of Alcohol
Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By opening an account with WineCloud and/or placing an order you are confirming to us that you are at least 18 years of age. If outside of Australia you must be of legal drinking of your country of residence.
WineCloud encourages the responsible consumption of alcohol and also recommends that alcohol only be enjoyed in moderation.