Terms and Conditions

Lion Nathan Wine Group Website Terms and Conditions
Wither Hills Wine Club Terms & Conditions

Lion Nathan Wine Group Website Terms and Conditions

Please read the Terms and Conditions of this website carefully as any use of the website by you constitutes acceptance of the Terms and Conditions set out below.

Throughout this site, the terms "we", "us", "our" refer to Lion Nathan Wine Group and any of its affiliated companies.

Website Privacy Policy

Any personal information or material sent to Lion Nathan Wine Group websites are subject to the Lion Nathan Wine Group privacy policy. For further information on our privacy policy please navigate to the privacy policy link contained on this website.

Accuracy, completeness and timeliness of information

We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

Transmission

Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Lion Nathan Wine Group and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Lion Nathan Wine Group Lion is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products)any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Lion Nathan Wine Group's use will not violate any third party's rights. Lion Nathan Wine Group is under no obligation to use the information submitted.

Intellectual property rights

All copyright and other intellectual property rights in a text, images and other materials on this website are the property of Lion Nathan Wine Group or are included with the permission of the relevant owner. You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

The trademarks, logos, characters and service marks displayed on this website belong to Lion Nathan Wine Group. Nothing contained on this website should be construed as granting any licence or right to use any trademark displayed on this website. Your use/misuse of the trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. Lion Nathan Wine Group reserves all its rights to enforce its intellectual property rights to the furthest extent of the law.

Links to other websites

Links on the Lion Nathan Wine Group websites may take you outside the Lion Nathan Wine Group network and Lion Nathan Wine Group accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and Lion Nathan Wine Group cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Lion Nathan Wine Group. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of other websites that you visit.

Warranties and Disclaimers

Your use of this website is exclusively at your sole risk.

Warranties

This website is provided to you on an "As Is" and "As Available" basis and, consequently, to the maximum extent permitted by law, Lion Nathan Wine Group gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this website will be uninterrupted or error-free; that this website will be secure; that any advice or opinion obtained from Lion Nathan Wine Group through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.

We reserve the right to restrict or terminate your access to this website or any feature of this website or any feature or part thereof at any time.

Liability

To the extent permitted by law, Lion Nathan Wine Group does not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or fail to take as a result of any electronic mail messages you send us. To the extent permitted by law, Lion Nathan Wine Group does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice. Further, Lion Nathan Wine Group shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.

Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which Lion Nathan Wine Group is entitled to do so, its liability will be limited at its option to (a) in the case of services, the lowest of the cost of supplying the services again and having the services supplied; and(b)in the case of goods, the lowest of the cost of replacing the goods, obtaining equivalent goods or having the goods repaired.

Prohibited Activity

You are prohibited from doing any act that Lion Nathan Wine Group, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:

You and Lion Nathan Wine Group agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

Legal notice update

We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.

WITHER HILLS WINE CLUB TERMS & CONDITIONS

  1. Welcome to the Wither Hills Wine Club ("Wine Club")! The Wine Club is operated by Lion Nathan Wine Pty Limited ("LNW"), 211 New Renwick Road, RD 2, Blenheim, New Zealand. PH: +64 3 520 8270. To join the Wine Club, you must be 18 years of age or over and agree to the terms and conditions set out below.
  2. There is no Membership fee payable for joining the Wine Club. Applications for Membership can be made by completing the Application Form available from Wither Hills or on its website www.witherhills.co.nz. LNW reserves the right to grant or refuse membership of the Wine Club to any applicant. Wine Club membership is only available to Australian and New Zealand residents.
  3. If a Member makes a wine purchase, the Wine Club will send the ordered wine ("Shipment") to your nominated address. Shipments will be made to Members' delivery address as provided on your Application Form ("Delivery Address"), unless otherwise notified to you.
  4. Total consideration payable, and form of payment, by the Member for a Shipment will be determined at the time of the Member placing the order.
  5. Members will receive notice of Shipment and tasting notes (where applicable) via the email address provided on the Application Form prior to the Shipment leaving the cellar door.
  6. In addition, Members will also receive:
    • Exclusive promotional offers on Wither Hills wines
    • Members only access to cellar door exclusive wines (including limited releases and museum vintages);
    • Regular newsletters sent via e-mail and post (where applicable) containing special offers and updates on winery news and events;
    • Invitations to special winery events and functions;
    • Free delivery to the address listed in the Application Form on all wine ordered in six-pack lots (NEW ZEALAND residents only)
  7. Members may from time to time receive offers and information from other LNW Australian & NZ wine brands, sister beer brands and third party companies. The offers will be dependent on whether the Member resides in Australia or New Zealand and will be at the discretion of the Wine Club.
  8. Shipments are for Members' personal consumption only and must not be used for retail sale.
  9. Members may terminate their Membership at any time by notifying the Wine Club in writing at: 211 New Renwick Road, RD 2, Blenheim, New Zealand. If the Member terminates the Membership prior to receiving a Shipment then no monies for that Shipment will be payable to the Wine Club. If monies have already been received for that Shipment, those monies will be repaid to the Member. If the Member terminates Membership within 10 days of receiving a Shipment, the Wine Club will collect the Shipment and repay all monies paid by the Member. If the Member terminates Membership within 10 days of receiving a Shipment but is unable to return the Shipment already received from the Wine Club, the Member will need to pay the Wine Club for that Shipment. If the Member terminates Membership more than 10 days after receiving a Shipment, then if the Wine Club has already received monies for the Shipment prior to receipt of the Member's written termination, the Member will still receive that Shipment and that payment is non refundable.
  10. Any times for delivery of Shipments quoted by the Wine Club are approximate only and to the extent permitted by law the Wine Club shall not be liable to the Member for the failure to supply or deliver any Shipments at any such time on any grounds whatsoever, including negligence by the Wine Club.
  11. All Shipments must be delivered to the Member, another adult person at the Delivery Address who undertakes to accept the Shipment on the Member's behalf, or in accordance with the Member's instructions. Anyone at the Member's Delivery Address who receives the Shipment will be presumed by the Wine Club to be authorised to receive the Shipment on the Member's behalf. Wine Club may request that the person who receives the Shipment at the Delivery Address provide satisfactory evidence of proof of age to the person responsible for delivery of the Shipment. Wine Club will refuse to deliver the Shipment if the person receiving the Shipment is unable or unwilling to provide evidence of proof of age. The Shipment will not be delivered to persons under the age of 18 years or to persons who fail to provide proof of age satisfactory to Wine Club that the person is aged 18 years or over.
  12. Upon delivery of the Shipments, all risk and title shall pass to the Member and the Member shall bear the risk of any loss, damage or deterioration of or to the goods from such time.
  13. In the event that the Shipments are damaged or partially lost during transit, the Member must, within 14 working days of delivery of the goods, provide the Wine Club written notice giving reasonable particulars of any such alleged damage or partial loss. The Member acknowledges and agrees that no claim whatsoever shall be accepted by the Wine Club (or any of its agents) for any damage to, or partial loss of, the Shipments which occurred during transit where written notice is not provided within this period. On accepting the Member's claim, the Wine Club will at its discretion replace or refund the goods and pay for any additional delivery charges.
  14. Personal details for all Memberships will be collected for the purposes of conducting the Wine Club Membership program, as well as for the purposes of sending the Member promotional offers, news, updates and other information from other LNW Australian & NZ wine brands, sister beer brands and third party companies. This may include disclosure and sharing of customer contact details with the other LNW Australia and New Zealand wine clubs and third party companies. By joining the Wine Club, Members consent to the use of their personal details as described in the Wine Club's privacy policy, which is available at www.witherhills.co.nz]. Members may access or change their details by the following methods: Phone +64 3 578 4036 E-mail: cellardoor@witherhills.co.nz or via Mail: Wither Hills Wine Club, 211 New Renwick Road, RD 2, Blenheim, New Zealand. Method of contact for marketing purposes described above may be by mail, email, SMS and/or phone.
  15. The Wine Club assumes no responsibility for any failure to receive any communications or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Wine Club may (where necessary with the approval of any relevant authority) modify, cancel, terminate or suspend Membership of the Wine Club.
  16. The Wine Club reserves the right, at its sole discretion, to vary the Wine Club terms and conditions. Should the Wine Club vary the terms and conditions, it will notify the Member via the email address provided on the Member's Application Form. Clause 8 will re-apply upon any changes to the terms and conditions. Your continued participation in the Wine Club after such notification will constitute your deemed acceptance of such variations.
  17. The Wine Club reserves the right to request verification of age, identity, residential address of Members and any other information relevant to Membership or participation in the Wine Club. Verification is at the discretion of the Wine Club, whose decision is final. The Wine Club reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the operations of the Wine Club.
  18. The Wine Club encourages Members to drink responsibly.
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