Goona Warra Vineyard

By accessing and using all or any web pages under or forming part of the domain name www.goonawarra.com.au and any other similarly branded webpages which include an authorised link to these Terms of Use (Site), you agree with Goona Warra Vineyard Pty Ltd ABN 99 089 687 552 (GWV, we, our) to be bound by and abide by the following terms and conditions. Your access to and use of all or part of the Site is also subject to GWV's Privacy Statement. In addition, other terms of use may apply to products and services offered by this Site. You will be bound by such additional terms, as applicable.

These terms and our Privacy Statement are the current terms of use for the Site, and replace any other terms of use for the Site previously published on the Site.

Information on this Site. The information and materials on the Site (Information) mat not be accurate or up to date in all respects. We do not warrant the accuracy or completeness of ant information contained on the Site.

Transactions on the Site. The Site may offer you the ability to enter into transactions, such as purchasing wine or any other transaction relating to a GWV product or service (Transactions). A Transaction will not be complete unless and until:

• you have issued GWV with an electronic instruction accepting GWV's offer or confirming payment by you (whichever is applicable) (Acceptance);
• such Acceptance has been received and processed by GWV; and
• these Terms of Use (and any other applicable terms and conditions notified to you) have been complied with.

You acknowledge that the transmission of your Acceptance may not be received by GWV for reasons beyond either party's reasonable control, including but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems.

You further acknowledge that, to the extent permitted by law, GWV is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission or attempted transmission of an Acceptance through the Site, or any failure to receive an Acceptance for whatever reason.

Access to the Site. GWV will not be liable if the Site is unavailable for any reason. GWV may, at its discretion, suspend or disconnect your access to all or part of the Site during technical failure, for maintenance, if you fail to comply with these Terms of Use or if you do anything that GWV considers may jeopardise the Site.

Intellectual property rights. GWV or its licensors own all intellectual property rights (including any copyright, trade mark rights and patent rights) in the Information and the Site. You may download, copy or print reasonable amounts of the Information for your personal, non-commercial use, but must not use it in a commercial way (for example, publishing, selling or modifying the Information) without GWV's prior written consent. Nothing in this Site is construed as granting you any licence or right to use any trade mark or other intellectual property right of GWV without the written consent of GWV.

Restrictions. In addition to the restriction set out above, you agree that you (and any party connected with you) will not:

• use the Site for any purpose that is unlawful or prohibited by these Terms of Use;
• use the Site for any purpose which could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site;
• copy, reproduce, alter, modify, create derivative works, distribute, transmit, publicly display, publicly perform, edit, translate or reformat any of the Information without GWV's prior written consent;
• use any robot, spider, screen scraper, data aggregation tool or other automatic process to monitor, copy or extract any Information, or combine any Information with the information of a third party, without GWV's prior written consent; or
• reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other formulae or processes in respect of the Site.

Links and frames. The Site may contain links and frames to websites owned or operated by third parties independent of GWV (External Sites). Such links and frames are provided for convenience only, and GWV does not endorse, sponsor or approve, and makes no warranties or representations in relation to:

• the operators of the External Sites;
• the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the material on the External Sites, or the people who contribute to them; or
• that the material on the External Sites does not infringe the intellectual property rights of any person.

Disclaimer and exclusion. GWV:

• does not guarantee that the Site or External Sites will be error free, free from viruses, that defects will be corrected or that access to the Site or External Sites will function as intended or be uninterrupted;
• is not obliged to update the Information or correct any inaccuracy which may become known to GWV;
• excludes, to the maximum extent permitted by law, all warranties (whether express, implied, statutory or otherwise, and specifically any implied warranties or conditions of merchantability, fitness for purpose, title and non-infringement) in relation to the Information, the Site or any material on External Sites accessed via the Site or which link or refer to the Site; and
• to the maximum extent permitted by law, is not liable to you for any expenses, losses, costs (including but not limited to legal costs), damages or liabilities (whether direct, indirect or consequential) that arise out of or are referable to the Information, Site, External Sites, the supply of any product or service from the Site, or your access to any part of the Site, whether in contract, tort (including negligence), statute or otherwise. If a court decides that GWV is responsible for any loss, damage, cost or expense, GWV's liability is limited to resupplying the Information or the reasonable cost of having it resupplied.

Indemnity. You indemnify GWV in respect of any cost, expense, loss, damage or liability suffered or incurred by GWV as a result of your breach of these Terms of Use, or from your use of the Site.

Survival. In the event that your access to the Site is suspended or disconnected in accordance with these Terms of Use, all restrictions on you and disclaimers, exclusions and limitations of GWV's liability set out in these Terms of Use will survive such disconnection or suspension.

Governing law. These terms are governed by the laws of Victoria, Australia, and in the event that we have a legal dispute, Victorian courts will have non-exclusive jurisdiction.