The Lindeman’s Harvest Club (the Club) and the www.harvestclub.com.au 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 from us.
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.
We accept no responsibility for late, lost, incomplete, incorrectly submitted, indecipherable, delayed, illegible, corrupted or misdirected registration forms, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. We have no control over telephone communications, the Internet, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. We are not liable for any consequences of user error including (without limitation) costs incurred.
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 +61 3 9685 8099
Deactivating your Membership
Members can deactivate their Club registration by emailing remove@harvestclub.com.au Upon receiving this email the Club will remove 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 and contribution 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).
Once submitted, Members cannot alter or delete content provided to the Club.
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. By participating in the Club, members agree to us editing, amending or otherwise varying the whole or any part of their content submission.
Members must not submit content which includes:
- any image of any other person without that person’s express consent. Members warrant that if this content is included, they have obtained the express consent of the relevant person to their inclusion in the content submitted to the Club;
- any content that contravenes any law, infringes the rights of any person or is obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate. Without limitation, members must not include any content that involves nudity, malice, swearing or potentially defamatory material; and
- any literary, dramatic, musical or artistic work or any other item in which copyright subsists, unless the member is entitled to do so. If a member has any doubts about whether they have the right to include content they must not include it. By including any item in their content submitted to the Club, the member warrants that they are entitled to do so.
We reserve the right not to upload any content onto the Website and we will have no liability to members in taking any such measure. By participating in the Club, members acknowledge that their content they submit may be made available online and may be accessible to the general public
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.lindemans.com.au/PrivacyPolicy.aspx
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 memberhsip, email, or post. You may give notice to us by contacting +61 3 9685 8099
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 Harvest Club is conducted by Treasury Wine Estates Vintners Limited ABN 55 004 094 599 trading as ‘Lindeman’s Hunter Valley’ (Treasury Wine Estates). The sale and/or supply of liquor pursuant to offers made on this website is made at the licensed premises attached to NSW Packaged Liquor Licence No. LIQP700356448.
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