McLaren Vale Grape Wine & Tourism Industry Association Website Terms of Use

The website https://mclarenvale.info (“MVGWTA Website”) is owned and operated by McLaren Vale Grape Wine & Tourism Industry Association Incorporated (ABN: 82 416 192 168) (“MVGWTA”).

1.    Your Acceptance

A. By using and or visiting the MVGWTA Website, you signify your agreement to (1) these terms of use (the “Terms of Use”), and (2) MVGWTA’s privacy policy (the “Privacy Policy”), found at https://mclarenvale.info/privacy-policy. If you do not agree to any of these Terms of Use, or you are not satisfied with the Privacy Policy, do not use the MVGWTA Website.

B. MVGWTA may, in its sole discretion, modify, or revise these Terms of Use, the Privacy Policy, or any of its other policies at any time without notification and you agree to be bound by such modifications or revisions. MVGWTA recommends periodically revisiting the Terms of Use to ensure you are kept up to date with any changes made.

C. These Terms of Use apply in addition to any other agreement (such as the Constitution of McLaren Vale Grape Wine & Tourism Industry Association Incorporated) which applies to McLaren Vale Grape Wine & Tourism Association Members, and must be read in conjunction with any such agreement. These Terms of Use shall take precedence in the event of any inconsistency.

2.    Terms of Use to apply to all users of the MVGWTA Website

These Terms of Use apply to all users of the MVGWTA Website.

By using and or visiting the MVGWTA Website, you affirm that you are 18 years of age or older, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and you abide by and comply with these Terms of Use.

3.    General use of the MVGWTA Website - Permissions and Restrictions

A.    The MVGWTA Website is free to access for all users.

B.    In order to create an account on the MVGWTA website you must be a member of  McLaren Vale Grape Wine & Tourism Association upon payment of the applicable fee. You must provide complete and accurate information when creating a MVGWTA Members Association User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. MVGWTA reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information, including relating to anyone submitting under submissions which violates any law.

C.     In order to obtain MVGWTA communications, you must provide complete and accurate information as requested, including your name and email address. You cannot use another person’s name and email address when signing up for MVGWTA communications. Again, please note that our Privacy Policy applies to the collection and use of your personal information.

D.    MVGWTA hereby grants you permission to access and use the MVGWTA Website as set forth in these Terms of Use, provided that:

 i)    You agree not to distribute in any medium any part of the MVGWTA Website, without MVGWTA’s prior written authorisation.

ii)    You agree not to access MVGWTA content through any technology or means other than provided functionality of MVGWTA Website itself, or other explicitly authorised means MVGWTA may designate.

iii)    You agree not to use the MVGWTA Website for any commercial use, without the prior written authorisation of MVGWTA.

iv)    You agree not to use or launch any automated system (including but not limited to "robots," "spiders," or "offline readers"), that access the MVGWTA Website in a manner that sends more request messages to the MVGWTA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the MVGWTA Website, for any commercial solicitation purposes.

v)    In your use of the MVGWTA Website, you will otherwise comply with these Terms of Use, and all applicable local, national, and international laws and regulations.

vi)    MVGWTA reserves the right to discontinue any aspect of the MVGWTA Website at any time without notification.

4.    Your use of MVGWTA Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content accessible on the  MVGWTA Website.

A.    Excluding any user submissions, all content on the MVGWTA Website, including without limitation:

a.    The registered and unregistered trademarks, service marks and logos contained therein
b.    Software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property;

(collectively, the “MVGWTA Content”) is owned by or licensed to MVGWTA, and are subject to copyright and other intellectual property rights under the law. MVGWTA Content is provided to you as is, for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever, without the written consent of the respective owners. MVGWTA reserves all rights not expressly granted in and to the MVGWTA Website and the MVGWTA Content.

B.    You may access MVGWTA Content solely:

o    for your information and personal use; and
o    as intended through the normal functionality of the MVGWTA Website.

C.    You may access MVGWTA Content only as permitted under these Terms of Use.

D.    You agree to not engage in the use, copying, or distribution of any of the MVGWTA content other than expressly permitted herein, including any use, copying, or distribution of for any commercial purposes.

E.    You agree not to circumvent, disable or otherwise interfere with security- related features of the MVGWTA Website or features that prevent or restrict use or copying of any of the MVGWTA Content or enforce limitations on the use of the MVGWTA Website or the MVGWTA Content or therein.

5.    Warranty Disclaimers

You agree that your use of the MVGWTA Website shall be at your sole risk. To the fullest extent permitted by law, MVGWTA, its Officers, Directors, Employees, and Agents disclaim all warranties, express or implied, in connection with the MVGWTA Website. The MVGWTA Website may provide contact details and information relating to the businesses of specific third-parties, such as wineries, cellar doors, accommodation providers, restaurants and cafes and or their representatives officers or employees. MVGWTA assumes no responsibility for any (i) errors, mistakes or inaccuracies of content provided by these third-parties or of the MVGWTA Content (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the MVGWTA Website or visiting any locations referred to on the MVGWTA Website (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the MVGWTA Website and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the MVGWTA Website.

MVGWTA does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the MVGWTA Website and MVGWTA will not be a party to or in any way responsible for monitoring any transactions between you and third- party providers of products or services.

MVGWTA does not warrant that the MVGWTA Website, or the services on which the MVGWTA Website are hosted, are free of software viruses or defects. Accordingly, MVGWTA is not liable for any loss suffered as a result of any such viruses or defects.

6.    Liability & Indemnity

To the extent permitted by law, in no event shall MVGWTA, its Officers, Directors, Employees, or Agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential loss or damages whatsoever resulting from any use of the MVGWTA Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not MVGWTA is advised of the possibility of such damages. While the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, where conditions, warranties or other rights are implied in this agreement or otherwise conferred by law, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to this agreement. At the option of MVGWTA, our liability for breach of implied conditions or warranties is limited, to the extent permitted by law to, if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (iv) the payment of having the goods repaired and, if the breach relates to services, (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. For clarity, nothing in these Terms of Use purports to or does limit the application of any statutory consumer warranties or rights.

To the extent permitted by law, you agree to defend, indemnify and hold harmless MVGWTA, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, (including but not limited to attorney’s fees) arising from: (i) your use of and access to the MVGWTA Website and services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right. This defence and indemnification obligation will survive these Terms of Use and your use of the MVGWTA Website.

7.    Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MVGWTA for reasonable businesses purposes without restriction.

8.    General

These Terms of Use, together with the Privacy Policy (at https://mclarenvale.info/privacy-policy) and any other legal notices published by MVGWTA on the MVGWTA Website, shall constitute the entire agreement between you and MVGWTA concerning the MVGWTA Website, and your use of the MVGWTA Website and associated services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MVGWTA failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MVGWTA reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MVGWTA services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. These Terms of Use are made subject to the law in force in the State of South Australia, Australia, and shall be interpreted and enforced by the courts in that jurisdiction, including with respect to any dispute arising under these Terms of Use.

The McLaren Vale Grape Wine & Tourism Association acknowledges the Kaurna people as the Traditional Owners of the Country where the McLaren Vale Region is situated today, and pays its respect to Elders past and present.