WEB SITE TERMS AND CONDITIONS OF USE

The www.heemskerk.com.au web site (Web Site) is created and controlled by Treasury Wine Estates Vintners Limited ABN 55 004 094 599 (we, our or us).

Age requirement

You may only enter and use this Web Site if you are aged 18 years or over or otherwise over the legal drinking age in your country of residence. You must immediately exit the Web Site if you do not meet these requirements.

Introduction

The use of this Web Site is governed by the following terms and conditions of use, as amended from time to time (the "Terms and Conditions"). If you use this Web Site (and each time you use it) you acknowledge to us that you have read and understood these Terms and Conditions and agree to be bound by them.

Online Account

In order to purchase goods and services from us we may require that you open an account on the Web Site, in which case we will provide you with an account username and password.

You must keep your account username and password details confidential and secure from unauthorised use.

You must not allow any other person to use your account. Without limiting the foregoing, you must not allow any person under the age of 18 to use your account to order goods from us.

You agree that you are solely responsible for all activity that occurs on your account, including the purchase of any goods. You also agree that you 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 +61 300 651 650.

Intellectual property and restrictions on use of content

Unless expressly stated otherwise, all intellectual property rights in relation to this 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 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. 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 this Web Site 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 use of the Web Site. Our management of this information is governed by our Privacy Policy and the Privacy Act 1988 (Cth).

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. We are not responsible for those web sites, their content or the goods and services available on them.

Competitions and promotions

This Web Site may contain competitions or promotions in relation to our products or those of third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions applying to that competition or promotion.

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 this 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 the Web Site is accurate, the Web Site and its entire contents are provided on an “as is” basis. We do not warrant the completeness, accuracy or reliability of this Web Site. We will not accept any responsibility (including in negligence) for any errors in, or omissions from, the contents of 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 using the Web Site or any reliance on information contained on the Web Site.

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 your use of or access to the Web Site, 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 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, close your Web Site account. Your continued use of the Web Site will constitute acceptance of the amended Terms and Conditions.

We may immediately restrict or suspend access to your Web Site account if you breach these Terms and Conditions. We may terminate your Web Site account 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 Web Site account, email, or post. You may give notice to us by electronic mail at: www.tweglobal.com/contact-us/

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.

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