Petaluma 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 Petaluma and any of its affiliated companies.
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.
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 Petaluma and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Petaluma 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 Petalumaâ€™s use will not violate any third party's rights. Petaluma 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 Petaluma 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 Petaluma. 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. Petaluma reserves all its rights to enforce its intellectual property rights to the furthest extent of the law.
Links to other websites
Links on the Petaluma websites may take you outside the Petaluma network and Petaluma accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and Petaluma 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 Petaluma. 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.
This website is provided to you on an "As Is" and "As Available" basis and, consequently, to the maximum extent permitted by law, Petaluma 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 Petaluma 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.
To the extent permitted by law, Petaluma 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, Petaluma 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, Petaluma 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 Petaluma 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.
You are prohibited from doing any act that Petaluma, 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:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent)or any other of the legal rights of individuals;
- Using this website to defame or libel Petaluma, its employees or other individuals or acting in such a way that brings into disrepute the good name of the Petaluma ;
- Uploading files that contain viruses that may cause damage to the property of Lion or the property of other individuals.
You and Petaluma 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.
Petaluma Club Membership
How do I join the Petaluma Wine Club ("Wine Club")?
- You need to 18 years or older to join the Wine Club and responsibly enjoy our wines.
- You need to be resident of Australia and agree to our terms below.
- To join, you can complete an application form at the Wine Club Cellar Door or at our website http://www.petaluma.com.au/
- You should know that we can choose not to grant membership of the Wine Club to any applicant.
What benefits do I get from joining the Wine Club?
Our Wine Club members receive a range of discounts and benefits including:
- 10% off prices offered at the Wine Club Cellar Door;
- Exclusive promotional offers on our wines;
- First access to our limited edition wines;
- Invitations to Wine Club events and functions; and
- Regular emails with offers and updates on our news and events.
Do any other Terms apply to me when joining the Wine Club?
- All of your wine purchases ("Purchases") are subject to these Wine Club Terms and the Terms of Sale. You can find the Terms of Sale at our Cellar Door
- All purchases must be for the member's personal consumption only and must not be used for retail sale.
How do I stop my membership of the Wine Club?
- You can stop your membership at any time by writing to the Wine Club by email firstname.lastname@example.org or at Petaluma Winery, Mount Barker Road, Bridgewater, SA 5155.
- If you stop your membership after making your first purchase, the following will apply:
- If you stop your membership prior to dispatch of your first Purchase, then it will not be delivered and no monies will be charged. If monies for the Purchase have already been paid, those monies will be repaid to you.
- If you stop your membership within 10 days of delivery of your first Purchase and havenâ€™t consumed the wine, the Wine Club will collect the goods and repay all monies to you unless you are unable to provide the unconsumed wine for collection by the Wine Club, then the Wine Club may debit your credit card for the Purchase.
- If you stop your membership more than 10 days after delivery of your first Purchase, and monies for the Purchase were paid or otherwise debited from your account prior to us receiving your written notice of termination, payment for the Purchase will not be refunded.
What does the Wine Club do with my Personal Information?
How can the Wine Club make changes to the Wine Club Terms?
- We may amend these Wine Club Terms from time to time. You should regularly check the terms displayed on the Petaluma website for any changes.
- If we decide to change the terms in a way that we think may substantially and adversely affect your rights, we will notify you by email. If we donâ€™t have an email address, we will notify you by direct mail. Your continued participation in the Wine Club after such notification will constitute acceptance of the new terms.
What are the Wine Club's legal limitations of liability?
- Petaluma assumes no responsibility for any failure by a member 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 Petaluma may (where necessary with the approval of any relevant authority) modify, cancel, terminate or suspend membership of the Wine Club.
- Where permitted by law, Petaluma makes no representations or warranties, express or implied, other than those implied under the Australian Consumer Law, with respect to the availability, performance, security, characteristics or operation of any goods or services offered by Petaluma and will not be responsible for breach of any such representations or warranties.
- Where permitted by law, Petaluma limits its liability for a breach of your consumer rights under the Australian Consumer Law, at the option of Petaluma, to:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
- Where permitted by law, Petaluma will not be responsible for any loss or damage that was not foreseeable to both parties at the time of entry into these terms and conditions or for any indirect or consequential loss or damage, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
Is there anything else I should know?
- We reserve the right to request verification of your age, identity and residential address of members, and any other information relevant to membership of the Wine Club. Verification is at our discretion, whose decision is final.
- We reserve the right to terminate the membership of any member who provides false information, fails to provide information or who is involved in any way in manipulating or interfering with the operations of the Wine Club.
- Petaluma can transfer its rights and obligations under these Wine Club Terms to any third party provided this does not affect your rights under these Wine Club Terms in a negative way.
- These Wine Club Terms are personal to you. You may not transfer your rights or obligations under these terms to anyone else.
- These Wine Club Terms shall be governed by the laws of NSW and the parties submit to the non-exclusive jurisdiction of the courts of NSW.
- The Wine Club encourages members to drink responsibly.