1. (All Website orders subject to these Conditions of Sale) These Conditions of Sale - Website Orders (“Conditions of Sale”) apply to any orders for goods made by the purchaser (“you”) from us via the Website. By making an order via the Website, you agree to be bound by these Conditions of Sale. We may accept any order for the supply of goods in whole or in part, or decline any order. We are under no liability to you in respect of those goods that we are unable to supply to you (whether or not we have previously accepted an order to supply such goods) provided that we refund any amounts paid by you in respect of the unsupplied goods. Under no circumstances are persons under the age of 18 permitted to order or purchase any goods via the Website.
   
   You warrant that you are at least 18 years of age and that you are buying the goods for personal use and not for re-sale purposes.
2. (These conditions prevail) Unless otherwise agreed in writing by the parties, these Conditions of Sale prevail over the terms of any order.
3. (Property in goods) Where you have paid the purchase price for the goods at the time of ordering, title and risk in the goods passes to you on delivery of the goods to the delivery address. If you have not paid the purchase price in full for the goods at the time of delivery of the goods to the delivery address, title to the goods remains with us, risk in the goods passes to you on delivery to the delivery address and you will hold the goods as bailee for us until you have paid the purchase price in full for the goods (at which time title in the goods will pass to you).
4. (Cancellations and returns) Please note that once you have placed an order, we are unable to cancel or edit your order. Accordingly, please ensure all product and delivery details are correct.  In the unlikely event that the goods received are faulty or defective, not as ordered or not of merchantable quality, please contact us on 1300 981 526 and we will attempt to remedy the situation as soon as possible.
5. (Delivery) Subject to the terms of this clause 4, we will deliver the goods ordered by you to the delivery address you have specified in the relevant order and in accordance with the reasonable delivery instructions specified in your order. We are not obliged to deliver the goods ordered if the delivery address is at a location where we (or our nominated contractor or agent) does not provide delivery services. For the avoidance of doubt, goods cannot be delivered outside Australia.
   
   Any adult person who receives goods at the delivery address is deemed to be authorised to receive the goods on your behalf. We may require that the person who accepts delivery of the goods provide proof of age. The goods will not be delivered to persons under the age of 18 years or to persons who fail to provide satisfactory evidence that they are aged 18 years or over. If no one is at the delivery address to receive delivery of the goods, or if there is no one at the delivery address aged 18 or over, the goods will not be delivered to the delivery address and an attempted delivery notice will be left at the delivery address and the goods must be collected by you from the Australia Post store specified in the notice. Delivery may be made on our behalf by a third party contractor or agent.
6. (Prices and payment) For each order made via the Website, you will pay us the purchase price for the goods (and any delivery services) via the payment options available on the Website at the time of making an order. Payment is deemed to have been made only once it has been received by us. Prices for individual items of goods and delivery services listed on the Website may change from time to time. The purchase price for the goods and delivery services in relation to an order will be calculated by reference to the prices specified on the Website at the time that order is placed.
7. (No liability for delays) Any delivery dates or delivery timeframes specified on the Website are indicative only. We will make reasonable efforts to have goods delivered to you by the delivery dates or within the delivery timeframes, but we are not liable for any loss or damage that may be suffered by you if delivery is not made by the delivery date or within the delivery timeframe.
8. (Late payment) If payment is not made by you by the due date in accordance with clause 5, then you must, on our request, pay us interest on your debt computed from the due date until payment is made at the rate then fixed by the Penalty Interest Rates Act 1983 (Vic).
9. (GST)
1. If GST is imposed on any supply of goods or services made under or in accordance with these Conditions of Sale, you must, in accordance with clause 5, pay to us the purchase price (as defined) of the goods or services supplied, subject to us issuing a valid tax invoice in respect of the supply.
2. If an adjustment event arises in respect of a taxable supply, the amount payable under clause 8(a) will be recalculated to reflect the adjustment event and a payment will be made by us or you as the case requires.
10. (Warranties and liability)

1. All express and implied terms, conditions and warranties which otherwise might apply to, or arise out of, this document are excluded other than:
1. as provided in this document; and 
2.  terms, conditions and warranties which by law cannot lawfully be excluded by agreement.
2. If we are liable for a breach of a term, condition or warranty described in clause 9(a), our liability is, to the fullest extent permitted by law, limited to any one or more of the following as we determine in our absolute discretion:

1. in relation to goods, replacing or repairing the goods or paying the cost of replacing or repairing the goods; and
2. in relation to services, re supply of the services or payment of the cost of having the services re supplied.
2. Subject to clauses 9(a) and (b):

1. we are not liable to you for any loss of income, loss of profits, loss of business or for any indirect, special or consequential loss which is suffered or sustained (whether or not arising from any person’s negligence) by you in connection with any order or any goods supplied or not supplied; and
2. our liability to you arising out of or in connection with an order or any goods supplied or not supplied (including in negligence) is limited to an amount equal to the total amounts paid or payable in respect of that order or those goods,
   except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

11. (Definitions) In these Conditions of Sale, unless the contrary intention appears:

1. “goods” means any and all goods or items supplied by us to you; 
2.  “delivery address” means the place nominated by you in an order as the place to which the ordered goods are to be delivered;
3. “purchaser” or “you” means the person, firm or company placing an order with us for the supply of goods;
4. “purchase price” means, in respect of an order, the total price for the goods (including GST and any other applicable taxes, levies, duties or charges in respect of goods or services supplied by us, delivery charges and any surcharge imposed for using a credit card or other payment method);
5. “us” or “we” means Treasury Wine Estates Vintners Limited;
6. “Website” means the website operated by us or on our behalf located at www.corpwinesales.com/essendonfc
7. words and expressions which are not defined in this document but which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have that same meaning.

12. (General)

1. No failure or delay in exercising any right under these Conditions of Sale shall operate as a waiver of such right unless the that right has been waived in writing signed by the party waiving the right.
2. If any provision of these Conditions of Sale is found to be invalid or unenforceable, the provision will be deemed severed from these Conditions of Sale and the remainder of the terms will continue in full force and effect.
3. This document is governed by and is to be construed in accordance with the laws applicable in Victoria. Each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
4. We will collect, use and disclose personal information about you in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

13. (Notices) We may give notices under these Conditions of Sale to you via the Website, email or post. You may give notices to us via the Website.
14. (Amendments) We may amend these Conditions of Sale from time to time. The updated Conditions of Sale will be made available on the Website. The updated Conditions of Sale apply to any new orders for goods made by the purchaser following the date of publication of the amended Conditions of Sale on the Website. By making a new order for goods, you accept the amended Conditions of Sale. Any orders made by you under a previous version of the Conditions of Sale will continue to be governed by that previous version of the Conditions of Sale.
15. The sale of liquor pursuant to the offer to purchase from the Website is made by Treasury Wine Estates Vintners Limited at our licensed premises attached to licences Nos. 33750484 and/or 32602002.

Essendon Football Club Wine Club Membership Terms
The Essendon Football Club Wine club (the Club) and the http://corpwinesales.com/essendonfc web site (Web Site) are created and controlled by Treasury Wine Estates Vintners Limited ABN 55 004 094 599 (we, our or us).

Age requirement
You may only become a member of the Club and enter and use the Web Site if you are an Australian resident aged 18 years or over. You must immediately exit the Web Site and cancel your membership of the Club (using the procedure set out below) if you do not meet these requirements.

Introduction
Membership of the Club and use of the Web Site is governed by the following terms and conditions of use, as amended from time to time (the "Terms and Conditions"). By becoming a member of the Club (and using the Web Site) you acknowledge to us that you have read and understood these Terms and Conditions and agree to be bound by them.

Membership
To become a Club member, you must visit the Web Site and fully complete and submit the Club registration form by providing your name, email address, gender, age group, post code and any other information requested by us. Successfully registered Club members will receive confirmation of their membership details by email. By becoming a Club member, you agree to receive offers/emails in connection with the club.

Only one Club registration is permitted per person. Persons who are found to have more than one Club membership (whether due to multiple email addresses, aliases or otherwise) may be disqualified.

Requirements of Membership
By becoming a Club member, you agree that you:

• will keep your membership details, including username and password, confidential and secure from unauthorised use;
• must not allow any other person to use your account (in particular any person under the age of 18);
• are solely responsible for all activity that occurs on your account, including the purchase of any goods;
• will be responsible for the conduct of any person who uses your account, whether or not you have authorised that use.

If you become aware of any breach of security or unauthorised access to or use of your account, you must immediately notify us by contacting corpwinesales@custhelp.com or 1300 981 526 from 9am-5pm Mon-Fri EST

Deactivating your Membership
Members can deactivate their Club registration by emailing corpwinesales@custhelp.com. Upon receiving this email the member's profile and registration details from its database and the member will no longer have access to the Club. Any pending entries to competitions will become invalid.

Operation of the Club
We may refuse to grant a membership, terminate a membership, suspend a membership, or terminate, suspend, cancel or otherwise modify the operation of the Club for any or no reason, without notice and without liability.

Any person who tampers with or benefits from any tampering with the operation of the Club or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person may have their Club membership terminated in our sole discretion.

If for any reason any aspect of the Club is not capable of, or is not, running as planned including by reason of tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of us which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Club, we may in our sole discretion cancel, terminate, modify or suspend the Club, or invalidate any affected memberships.

Intellectual property and restrictions on use of content
Unless expressly stated otherwise, all intellectual property rights in relation to the Club and the Web Site (including but not limited to, all names, trade dress, trade marks, copyrights or any other intellectual property rights) are owned by us and/or our related companies. You must not use those intellectual property rights in any way whatsoever, except as expressly permitted by us and/or our related companies in writing (or in the case of copyright material on the Web Site, as permitted by Australian and international copyright laws).

We reserve the right to revise the content of, amend links from or withdraw access to the Club or Web Site at any time without notice and without liability to you or any other person.

Items for download
From time to time, certain materials (such as software and related digital materials) may be made available by us for downloading from the Web Site or from communications with Club members generally. In that case, unless stated otherwise, we grant to you a personal, non-transferable, and non-exclusive licence to use the relevant materials for your own personal use. You must not copy, communicate to the public, modify, reverse engineer, otherwise exploit or transfer or purport to transfer any right in such materials.

Any items downloaded from the Web Site or from communications with Club members and used by you are entirely at your own risk (subject to the terms below).

Personal information
We may collect, use and disclose personal information about you obtained from your membership of the Club and use of the Web Site. The information members and potential members provide for the purpose of membership of the Club will be used by us for the purpose of conducting the Club. We may disclose members' personal information to its contractors and agents to assist in conducting the Club or communicating with members.

Our management of this information is governed by our privacy policy and the Privacy Act 1988 (Cth). Our privacy policy can be viewed at http://www.tweglobal.com/privacy-policy/

Links to Third Party Sites and Third Party Advertisements
There may be links to other web sites or advertisements of goods and services available from other parties on our Web Site or in Club communications. We are not responsible for those web sites, their content or the goods and services available on them.

Competitions and promotions
Club members may be given the opportunity via the Website to enter competitions or take advantage of special offers in relation to our products or those of third parties. The terms and conditions for those competitions and special offers will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or special offer you agree to be bound by the relevant terms and conditions applying to that competition or special offer.

Security and Viruses
The transmission of information over the Internet is not completely secure or error free. In particular, emails to or from us or access via the Web Site may not be secure and you should use discretion in deciding what information you send to us via these means.

Information and emails sent to/from us or the Web Site may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we shall have no liability (subject to the terms below) for any viruses transmitted to you as a result of your use of the Web Site.

Disclaimer and Limitation of Liability
While we will take reasonable steps to ensure that that communications with Club members, including via the Web Site, are accurate, the content of those communications and the Web Site are provided on an "as is" basis. We do not warrant the completeness, accuracy or reliability of the content. We will not accept any responsibility (including in negligence) for any errors in, or omissions from, the contents of those communications and the Web Site.

To the maximum extent permitted by law, we (including our related companies and their directors, officers, employees, agents and contractors) exclude all liability for any loss or damage (whether direct, indirect or consequential) including loss or damage arising out of negligence, which you may suffer as a result of being a member of the Club or using the Web Site, or any reliance on information contained on the Web Site or in Club communications.

Notwithstanding any other clause of these Terms and Conditions, where any law implies any term, condition, representation or warranty in relation to the contents of this Web Site or Club communications or your use of or access to the Web Site or membership of the Club, and that law prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is not excluded. To the extent permitted by law, our liability for any breach of any such non-excludable term, condition, representation or warranty is limited to the supplying of the relevant goods or services again, or payment of the cost of having those goods or services re-supplied, as we may choose.

Indemnity
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions or as a result of your wilful or negligent act or omission with respect to Club communications or the Web Site (or any part of it).

Amendments and Termination
We reserve the right to change these Terms and Conditions. The revised Terms and Conditions will be published on the Web Site. Any amendments to the Web Site will only apply from the date the revised Terms and Conditions are published on the Web Site. If you do not agree to the amended Terms and Conditions, you must immediately cease using the Web Site and, if applicable, deactivate your Club membership. Your continued membership of the Club and use of the Web Site will constitute acceptance of the amended Terms and Conditions.

We may immediately terminate your Club membership if you breach these Terms and Conditions or the Conditions of Sale. We may terminate your Club membership on notice to you if the breach is material or is incapable of remedy or, where the breach is not material and is capable of remedy, you fail to remedy the breach within 14 days of receiving notice from us requiring you to do so.

General
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the provision will be deemed severed from the Terms and Conditions and the remainder of the terms will continue in full force and effect.
Any failure by us to enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any of our rights or remedies in respect of any existing or subsequent breach of the Terms and Conditions.

We may give notices to you via your Club membership, email, or post. You may give notice to us by electronic mail to: corpwinesales@custhelp.com

This document is governed by and is to be construed in accordance with the laws applicable in Victoria. Each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

The Essendon Football Club Wine Club is conducted by Treasury Wine Estates Vintners Limited ABN 55 004 094 599 under its Victorian Liquor Licence Nos. 33750484 and/or 32602002. The sale of liquor pursuant to the offer to purchase from the website is made at our licensed premises attached to licence Nos. 33750484 and/or 32602002.

© 2011 Treasury Wine Estates Vintners Limited

This document (Privacy Policy) describes the way in which Treasury Wine Estates Vintners Limited ABN 55 004 094 599 (we, our or us) will collect, use and disclose information obtained by us from you including through your use of the www.corpwinesales.com/essendonfc website (the Site). By visiting the Site you are consenting to the practices described in this Privacy Policy. We may amend this Privacy Policy at any time. The updated version will be available on the Site. We encourage you to check this Privacy Policy regularly for changes.

PRIVACY AND PERSONAL INFORMATION

We are committed to protecting the privacy of individuals’ personal information. We are bound by the National Privacy Principles set out in the Privacy Act 1988 (Cth) (the Act). We will only disclose and store your personal information in accordance with the Act and this Privacy Policy. In this Privacy Policy, personal information means information or an opinion about a person whose identity is apparent, or can be reasonably ascertained, from the information or opinion.

INFORMATION COLLECTED BY US

The type of information we collect from you depends upon your use of the Site. Generally speaking however, the information which we collect will be information you give us (such as your name, address, telephone number and email address in order to fulfil any orders for products you make via the Site or in relation to promotions you may enter), information we collect from you (for example we may record information such as the areas of the Site accessed by you and your IP address) and information stored and obtained from “cookies”. (The Site makes use of “cookies” - if you prefer not to receive cookies you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. However, the vast majority of our Site will not function if cookies have been turned off. For this reason we strongly recommend that you leave cookies fully functional.)

We may also collect information from you in order to comply with the law. For example, where you purchase products from us via the Site, we will ask you to provide your date of birth so that we can comply with applicable liquor licensing laws.

OUR USE AND DISCLOSURE OF YOUR INFORMATION

Generally, information which is collected from the Site and from you is used by us to operate the Site, to provide you with a product you have requested from the Site, to provide you with information about our products, and to help us gain a better understanding of your likes and dislikes so we can improve the Site and the services we offer. We may also disclose your personal information:

• to third parties appointed by us in order to perform services for us and as may be required to fulfil and deliver any orders for products you may make from us (in which case we will use reasonable endeavours to require these third parties to keep that personal information confidential and not to use or disclose it for any purpose other than the purpose of performing those services);
• within our corporate group (that is, to related bodies corporate) in accordance with the law
• where we are required or authorised by law to disclose personal information, for example to law enforcement agencies; or
• with your consent.

ACCESS TO PERSONAL INFORMATION

You may seek access to personal information which we hold about you. We will provide access to that information in accordance with the Act although there are certain exemptions which may apply to the provision of that information. We may require that the person requesting access provide suitable identification and we may charge an administration fee for granting access to information.

If you have any questions or concerns about our collection, use or disclosure of personal information or to request access to your personal information, please Email us or call 1300 981 526.
 
OTHER ISSUES

The Site may contain links to other sites. With the exception of other sites owned by us, we do not control the privacy practices or policies of sites reached through links from this Site. If you have any questions about the privacy practices and policies of those sites then you should contact the companies controlling those sites directly.

Nothing in this Privacy Policy guarantees that we will collect or store personal information or other information about you and your use of the Site. You are responsible for keeping your own records relating to your use of the Site and any transactions conducted via it.

When will my wine be delivered?
Once your order has been completed and shipped, you will receive an order confirmation email. We aim to have all orders fulfilled within ten working days. If you are concerned for any reason that your delivery has been delayed, please Email us or call 1300 981 526 and we will attempt to remedy the situation as soon as possible.

Not all of my wine has arrived - where is the rest of my delivery?
If you are concerned for any reason that your delivery has been delayed, please Email us or call 1300 981 526 and we will attempt to remedy the situation as soon as possible.

Can I request a specific delivery time?
All our deliveries are made using Australia Post and specific time delivery is not offered as part of the service. If your delivery address is unattended, Australia Post will leave a calling card so you can collect your order from the local Post Office at your convenience.

What if I am not home when my delivery arrives?
All our deliveries are made using Australia Post. Deliveries cannot be made to unattended premises nor can deliveries be accepted by persons unable to verify that they are over 18 years of age. If your delivery address is unattended, Australia Post will leave a calling card so you can collect your order from the local Post Office at your convenience.

Can I change my delivery address?
Please note that orders cannot be changed once they have been shipped so we recommend taking the time to check the details of your order confirmation. Contact us as soon as possible if you need to discuss changing any of your delivery address details for your order. Please Email us or call 1300 981 526 and we will attempt to remedy the situation as soon as possible.

Is a tax invoice provided?
Should you require a copy of a tax invoice please send us an Email or call us on 1300 981 526 from 9am-5pm Mon-Fri EST quoting your order number.

What if I want to cancel or change my order?
Send us an Email or call us on 1300 981 526 from 9am-5pm Mon-Fri EST as soon as possible if you would like to discuss any changes to your order. Please note that orders cannot be changed or cancelled once they have been shipped so we recommend taking the time to check the details of your order confirmation.

What is your policy for returns and refunds?
In the unlikely event that the goods received are faulty or defective, not as ordered or not of merchantable quality, please Send us an Email or call us on 1300 981 526 from 9am-5pm Mon-Fri EST and we will attempt to remedy the situation as soon as possible.

Are there any order limits?
There is a limit of 4 cases of 1 variety and 12 cases in total.

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