Terms of Service and Website Use

 

The legal stuff…last updated on the 19 September 2018

We welcome feedback at the Wine Loop. If you have any questions at all about the Terms of Service and Website Use, please feel free to reach out to Karen at karen@thewineloop.com.au or Nicole at nicole@thewineloop.com.au

Our Terms of Service and Website Use is to be read in conjunction with our full terms and conditions which can be found here. 

1. Our services 

1.1 The Wine Loop facilitates wine tasting and food events in Australia through engaging with Wineries, Winemakers and food venues (“preferred partners”.). 

1.2 Through this website, The Wine Loop makes available the service of tickets sales to the food and wine tasting events (“the event”) facilitated by The Wine Loop (“the ticket service”).

1.3 The Wine Loop offers the ticket event through the ticket event booking page on this site (“the booking page”). The Wine Loop use Ticket Tailor for the ticket event booking services, payments taken through Ticket Tailor are subject to their Terms and Conditions, please find Ticket Tailor’s Terms and Conditions here. Details of the overall Wine Loop experience are contained on the website and the specific details of each event is as set out on the booking page. 

We use Stripe as our payment platform through Ticket Tailor and The Wine Loop does not hold any payment details directly, other than the basic information that supports your booking such as your name and email address etc.

1.4 In the event that a Preferred Partner is unable to cater for all special dietary requirement or for certain special dietary requirements, The Wine Loop will note this information on the booking page.

1.5 You are ultimately responsible for informing The Wine Loop on the booking page of your special dietary requirements and those of other guests on whose behalf you are booking. The Wine Loop will work with the venue to the best of their ability to accommodate your special dietary requirements. 

1.6 The Wine Loop events feature food that is provided by the venue in a shared/grazing format. The Wine Loop will not accept responsibility, nor offer refunds for culinary likes or dislikes.

1.7 In the event that a venue is unable to cater to wheelchair access at the ticket event, The Wine Loop will note this information on the booking page.  

1.8 The Wine Loop retains their right to substitute a winemaker for the ticket event with either another suitable representative from the winemaker or a new third party winemaker in the event that the advertised winemaker is unable to attend the ticket event. The Wine Loop is not liable whatsoever in the event of a change in winemaker and refunds will not be provided.

1.9 As you’ll appreciate, from time to time unexpected circumstances occur. Notwithstanding clause 1.8, should the ticket event be unable to proceed due to unforeseen circumstances of the winemaker being unable to attend, In the event of “unforeseen circumstances” The Wine Loop will use its best endeavours to re-schedule the ticketed event, either at the same venue or a different venue, and if possible with the originally scheduled winemaker. The Wine Loop is not liable whatsoever in the event of a cancellation by a winemaker.  

1.10 In the event that the venue cancels the ticket event due to unforeseen circumstances, The Wine Loop retains their right to substitute the venue with a new third party venue. The Wine Loop is not liable whatsoever in the event of a change in the venue and refunds will not be provided. The Wine Loop will use their best endeavours to find a suitable alternative venue. However, in the event that this is not possible, The Wine Loop shall be entitled to reschedule the event and will contact you and advise of the re-scheduled date of the ticket event. The Wine Loop is not liable whatsoever in the event of a cancellation by a venue.  

1.11 The Wine Loop’s events are conducted predominantly indoors but may on occasion be partially or fully outdoors. The Wine Loop will note this information on the booking page.  Should the event have inclement weather, The Wine Loop will use their best endeavour to relocate the event indoors. However, in the event that it is not possible to relocate the event indoors, you accept the risk that the inclement weather may affect the event and The Wine Loop will not be responsible for a refund or exchange for the ticketed event, except to the extent otherwise permitted by law.  

1.12 All Wine Loop events are designed in accordance with the Responsible Service of Alcohol. Should you consume the wine tasting measures at a Wine Loop event, you will be over the legal limit for Blood Alcohol Concentration. We highly encourage you to plan ahead and make appropriate travel arrangements to and from our events. 

1.13 During the course of a Wine Loop event, you may be invited via a third party platform such as “Glow” to provide feedback to the winemaker and/or venue on your mobile devices.Glow’s Terms and Conditions can be found online here. 

1.14 We use MailChimp as our marketing automation platform. By subscribing to our mailing list on our website or booking a ticket through our Ticket Platform, you acknowledge that the information you provide will be transferred to MailChimp for processing in accordance with their Privacy and Terms.

1.15 In providing the event, we will rely solely on the product, pricing and service information provided by our preferred partner(s) (“Preferred Partner Information”). Whilst we use our best endeavours to ensure the accuracy, completeness and timeliness of the Preferred Partner Information, it may be subject to change and accordingly we do not guarantee and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of any Preferred Partner Information.

1.16 If you purchase a ticket via our site, you acknowledge and agree that we:

(a) will provide your personal information collected from the site (whether by you completing any online forms and/or by telephone) to the preferred partners; and

(b) may receive a commission from our feedback partners which will be independent to and have no effect on the terms of your ticket purchase with us. The Wine Loop does not take commission in any form from our Winemaker or Venue partners.

1.17 You are responsible for the final choice of your Wine Loop event and choosing to proceed with any purchase.

1.18 By purchasing a ticket for the ticketed event, you are agreeing to allow The Wine Loop to take photographs at the ticket event for The Wine Loop’s marketing purposes. You will be given an opportunity by The Wine Loop host to opt out of being photographed at the beginning of a ticketed event.

2. Unforeseen Circumstances

2.1 Unforeseen Circumstances:  In the event of “unforeseen circumstances” The Wine Loop will use its best endeavours to re-schedule the ticketed event, either at the same venue or a different venue, and if possible with the originally scheduled winemaker. 

2.2 “Unforeseen Circumstances” shall include all happenings beyond The Wine Loop’s control or in consequence of which The Wine Loop cannot readily deliver its planned event or website or other communication services. This may include but is not limited to all strikes, lockouts, trade disputes, fires, accidents, damage or breakdown of plant and equipment, and/or components involved disabling, or adverse exchange regulations, civil disorders, outbreaks of war or any other event of contingency beyond The Wine Loop’s absolute control and unforeseen circumstances.

Liability 

2.3 You acknowledge that: the food and food service will be provided by the venue, and the wine will be provided by the participating winery, and that The Wine Loop is not liable to you in anyway whatsoever for any claim, loss, cost, expense, damage or other liability arising out of or in connection with the venue, the food, the food service, or other consumables offered on the day, or resulting from any conduct or omission of the venue, the winery or their employees or agents, and you release The Wine Loop from any such liability, except to the extent such liability cannot be modified or excluded by law.

2.4 We welcome feedback at the Wine Loop. Please feel free to reach out to Karen at karen@thewineloop.com.au or Nicole at nicole@thewineloop.com.au with any questions on these terms and conditions.  Or contact Nicole on 0437 728568 or Karen on 0438 729255.

3. Price

3.1 Prices displayed on this site are exclusive of GST and inclusive of booking fees. Prices and availability of items are subject to change without notice. 

3.2 We will comply with the Australian Consumer Law in relation to refunds but to the extent permitted by law, once payment is made, we do not offer refunds or transfers to alternative events unless otherwise stipulated under these T&Cs.  

3.3 Should you purchase a ticket for a future Wine Loop event in cash at a Wine Loop event, a credit card fee and booking fees do not apply.  

Gift vouchers

3.4 Gift vouchers are available to purchase for events at The Wine Loop. Gift Vouchers are valid for a period of 12 months from date of purchase:

3.4.1 Gift Vouchers may not be redeemed for cash. Normal terms will apply to any cancellation or change of a booking, but a credit will be available for the unused value of the voucher on any booking until the expiry date.

3.4.2 Gift Vouchers can be redeemed against any Wine Loop event; however, tickets are subject to availability (approx. 12 per event).

3.4.3 If an order exceeds the value of the Gift Voucher, payment for the remaining balance is required

3.4.4 Gift Vouchers are like cash – they cannot be replaced cancelled or refunded, please take extra care of your vouchers.

3.4.5 Gift Vouchers both electronic and posted will be issued with 24 hours of ordering.

4. Indemnity

You agree to indemnify and will keep The Wine Loop indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by The Wine Loop in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties. 

5. Disclaimer

5.1 To the extent permitted by law, The Wine Loop will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to):

a. loss of use, data, or profits, arising out of or in connection with the use, copying, or display of the contents of this site, goods or services supplied by The Wine Loop or a preferred partner under these T&C’s or a failure or omission on the part of The Wine Loop to comply with The Wine Loop obligations under these T&C’s;

b. your acting, or failing to act, on any information contained on or referred to on the site or any linked site;

c. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the site and/or any linked site or otherwise purchased by you via or as a result of this site;

d. errors, defects or omissions in the site;

e. delays to, interruptions of or cessation of the services provided on the site or linked sites or otherwise purchased by you on or via the site;

f. defamatory, offensive or illegal conduct of any user of the site, whether caused through negligence of The Wine Loop, its employees or independent contractors, or through any other cause; or

g. for any other reason permitted by law.

5.2 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a direct or indirect consequence of you accessing this website.

5.3 By using this website, you agree that the exclusions and limitations of liability set out in these T&C’s are reasonable and necessary.

6. Liability

We exclude liability for your purchase decisions made on the basis of information included or excluded from this website and any limitation of liability and indemnity provisions in these terms post the ticket event.

7. Disclaimer of warranty

7.1 The Wine Loop is providing this site and the Wine Loop’s contents on an 'as is' basis and use of this site is at your own risk. The Wine Loop and The Wine Loop related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services) or any linked sites. To the extent permitted by law, including any non-excusable statutory obligations, we will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site and the services which may be supplied to you as a result of your use of this site. To the extent permitted by law, The Wine Loop expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of reliability, suitability, merchantability or fitness for purpose.

7.2 In addition to the preceding sub clause and the terms of the T&C’s, you acknowledge that we hereby disclaim any and all warranties, express or implied, guarantees or representations that:

a. the site or the server that makes the site available on the WWW are free of software viruses. It is your responsibility to protect your data whether by virus scanning or other system;

b. the functions contained in any software on the site will operate uninterrupted or error free;

c. errors and defects in the site will be corrected;

d. the information found on the site is complete, true, accurate or non misleading;

e. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the site in any content and/or of any linked sites;

f. information on this site constitutes or is meant to constitute advice of any kind.

7.3 Information provided by us is general in nature and does not take into account your financial or other situation and needs. Before acting on any information contained on this site or otherwise provided by us, you must consider whether any such action is appropriate for you.

7.4 The presence of a preferred partner on our site does not constitute an endorsement by us of the provider, the content of their website or other information provided by them, or the activities they engage in.

8. Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.

9. Termination

Your ability to access the site and or purchase services from this site may be ended by The Wine Loop at any time without notice. However, all restrictions, licences granted by you and limitations of The Wine Loop’s liability will continue in force and we will not be liable for any costs, losses or damages which you may incur as a direct or indirect result of our ending of your access to the site and/or purchase services from this site.  

10. Website

a. Whilst our Website operates in a secure environment and is professionally hosted, when using the website you should be aware that no data transmission over the internet can be guaranteed as totally secure. Although we strive to protect your personal information, we do not warrant the security of any information transmitted to it over the internet. Any information transmitted to us over the internet is done so at the risk of the person or organisation transmitting the information.

b. “Cookies” may be collected by our Website and used by us to improve our customer service and for statistical and marketing purposes. This information may include your personal information as well as non-personal data such as the server address, domain name, date and time of visiting the site, pages accessed, previous site you visited, whether you have visited our Website previously and the type of web browser used.

10.1 Complaint or further information required:  Any questions about this policy, or any complaint regarding treatment of your privacy by us, should be made in writing to The Wine Loop: Karen at karen@thewineloop.com.au or Nicole at nicole@thewineloop.com.au. We will respond within 30 days. Any breach of this privacy policy will be investigated and appropriate action will be taken to prevent any further breach.

10.2 Further information on privacy legal requirements can be obtained from the Australian Information Commissioner at www.oaic.gov.auor phone 1300 359 779.

10.3 If you or someone you know wishes to use our website but needs assistance to do so please contact us by phone on Nicole 0437728568 or Karen on 0438 729255 or by emailing us at Karen at karen@thewineloop.com.au or Nicole at nicole@thewineloop.com.au or by writing in to 263 Edward Street, Brunswick East VIC 3057.  We will do our best to make your use of the site easier.