Terms and Conditions

TERMS AND CONDITIONS OF USE

About the Website
1. Welcome to vinoandu.com (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website including the Wine Matching Tool backed by scientific research and artificial intelligence. (Purchase Services).
2. The Website is operated by Favourite Drop Pty Ltd (ACN 667 970 532) (ABN 36 667 970 532), trading as vino&u, hereinafter referred as vino&u or the Company. Access to and use of the Website, or any of its associated Products or Services, is provided by vino&u. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
3. The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate eﬀect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms 
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by vino&u in the user interface.
Wine Match Tool
1. vino&u invites Users to complete the Wine Match Tool questionnaire (the Quiz) for the purpose of selecting wine type that best matches the personal characteristics about the User disclosed in the Quiz, completed on the vino&u Website.
2. By completing the Quiz, Website users disclose personal information that is used by vino&u to perform the matching and scoring of wines held and available through the vino&u platform. Users are required to become Website Members before gaining access to the Wine Match personalised scores.
3. The Wine Match Tool uses and retains personal data disclosed by the Member and other research data in an attempt to predict personalised wine scores. The scores and the suitability may vary and are contingent on a multiple outcomes being achieved, as determined by the Wine Match Tool.
4. The Wine Match Tool is designed to produce personality to wine type matching scores for each wine that is part of the vino&u product catalogue, which changes form time to time. The degree of accuracy can vary between Users / Members and the outputs may be driven by a variety of input variables that feed into the Wine Match Tool.
5. The Wine March Tool uses the in-house algorithm to produce personalised wine type matching outcomes based on empirical research and other personal data disclosed by the Member. vino&u does not warrant in any form the absolute accuracy of the results produced by the Wine Match Tool for the purposes of the wine type suitability to a Member tasting palette or otherwise.
6. All information collected and held by vino&u is in accordance with the company Privacy Policy published on our website.
Registration to use the Purchase Services
1. To access the Wine Match Tool on the Website, you will be invited to complete a Quiz comprising questions about your personality, attitudes, preferences, and other personal characteristics. You are required to provide personal information about yourself that is accurate and in specified format, and that enables the Website platform to produce wine matching and scoring for each wine to assist with the purchasing process.
2. In order to access the Purchase Services and access Wine Match scores, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details).
3. You warrant that any information you give to vino&u in the course of completing the registration process will always be accurate, correct and up to date.
4. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
5. As a Member, you may change or edit your personal details should the circumstances change.
6. You may not use the Purchase Services and may not accept the Terms if:
  - (i) you are not of legal age to form a binding contract with vino&u; or
  - (ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
Your obligations as a Member
1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
  - (i) the Terms;
  - (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  - (iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
  - (iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify vino&u of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  - (v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of vino&u providing the Purchase Services;
  - (vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  - (vii) you agree that commercial advertisements, aﬃliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by vino&u for any illegal or unauthorised use of the Website;
  - (viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited; and
  - (ix) by ticking the checkbox ‘Sign me up to receive email updates and news’ you agree to receive marketing and other promotional material from vino&u on a periodic basis. You can unsubscribe from receiving the marketing and other promotional material by clicking the ‘unsubscribe’ link at the bottom of the email you receive from us.
Customer Satisfaction Policy
1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
2. Payment of the Purchase Price may be made through Stripe (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3. Following payment of the Purchase Price being confirmed by vino&u, you will be issued with a receipt to confirm that the payment has been received and vino&u may record your purchase details for future use.
4. You acknowledge that any returns or refunds will be governed by the terms and conditions outlined in the vino&u Refund / Returns Policy, published on our Website.
5. In accordance with the Refund / Returns Policy published on our Website, vino&u may, at their sole discretion or as otherwise required under the Australian consumer law, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause, unless agreed upon otherwise.
6. In the event the product is unavailable for whatever reason, due to supplier unavailability or otherwise, the Member shall be entitled to a full refund or an equivalent credit in the value of the products purchased.
Purchasing options
1. By purchasing the products via the Website you agree to Subscription to our products and services on a periodic basis as elected by you when making the purchase through the Website. The Company oﬀers periodic (fortnightly, monthly or as otherwise stated) wine subscription services whereby Members pay an agreed monthly fee, as set by vino&u to receive a curated selection of wines pre- selected by the Company.
  - (i) For the initial purchase the Member will choose the wines based on matching scores produced by the Wine Match tool with the minimum number of bottles required to complete the purchase being set at three (3).
  - (ii) For subsequent recurring Subscription orders, being a box of three (3) or another quantity as specified by the Website, scheduled to arrive 30 days or other period specified after the original purchase, the Member will be notified of the incoming shipment by the Company within 14 days of the next scheduled delivery.
  - (iii) The Member may elect at any point in time to cancel or reactivate the Subscription of future deliveries on the Website within 14 days of the next scheduled delivery, by visiting the My Account section.
2. The wines purchased as part of the Subscription service will vary according to each shipment and will be selected at the sole discretion of the Company based on the subscriber’s indicated taste preferences and other criteria as determined by the Company. The Company makes no guarantees as to the inclusion of specific bottles varieties, brands, regions, or vintages to be supplied in recurring monthly (or other period specified) shipments to Members.
3. The Company also oﬀers One-Oﬀ purchases, as elected by the Users at the point Checkout. One-oﬀ purchases are not part of the Subscription agreement and do not obligate the repeat purchase. Customer is required to makes the appropriate selection at the point of Checkout indicating his preference for a One-Oﬀ purchase as opposed to Subscription.
4. The User or Subscriber acknowledges that the wines included in the monthly shipments may contain sulphates or other allergens and this may impact customers by way of allergies or other adverse reactions. vino&u shall not be liable for any adverse reactions the subscriber experiences from consuming the wines.
5. The Member/Subscriber or a User must be over the legal drinking age in their jurisdiction to participate in the wine subscription service. By signing up, the User or the Subscriber aﬃrms they are of legal drinking age.
6. The wines provided remain the property of the Company until delivery and acceptance by the subscriber, either by signature or by the subscriber agrees to good being left unattended at the property. The Subscriber assumes responsibility for the wines upon delivery, the company for its part shall not be responsible for any loss or damage arising.
Warranty
1. The Company’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).
2. You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 2 weeks from the date of purchase (Warranty Period).
3. In order to make a Warranty Claim during the Warranty Period, you must provide vino&u proof of purchase to showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to vino&u by email at [email protected].
4. Where the Warranty Claim is accepted then will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5. The Warranty shall be the sole and exclusive warranty granted by vino&u and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
Copyright and Intellectual Property
1. The Website, the Purchase Services and all of the related products of vino&u are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by vino&u or its contributors.
2. vino&u retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
  - (i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of vino&u; or
  - (ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  - (iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
3. You may not, without the prior written permission of vino&u and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
- The Company takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to vino&u‘s Privacy Policy, which is available on the Website.
General Disclaimer
1. You acknowledge that vino&u does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
2. vino&u will make every eﬀort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may diﬀer from what is displayed on the Website.
3. - Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4. Subject to this clause, and to the extent permitted by law:
  - (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  - (ii) vino&u will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website, the Purchase Services, and any of the products of vino&u (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of vino&u, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the aﬃliates, directors, oﬃcers, employees, agents, contributors, third party content providers or licensors of vino&u including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of vino&u) referred to on the Website. This includes (but is not restricted to) loss or damage you might suﬀer as a result of any of the following:
  - (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  - (ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
  - (iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
  - (iv) the Content or operation in respect to links which are provided for the User’s convenience;
  - (v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  - (vi) any defamatory, threatening, oﬀensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
1. The Company’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of vino&u is the resupply of information or Purchase Services to you.
2. You expressly understand and agree that vino&u, its aﬃliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. vino&u is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of vino&u, by third parties or by any of the Purchase Services oﬀered by vino&u.
Termination of Contract
1. The Terms will continue to apply until terminated by either you or by vino&u as set out below.
2. If you want to terminate the Terms, you may do so by:
  - (i) notifying vino&u at any time by sending us a notification to our customer service email at [email protected]; or
  - (ii) closing your accounts for all of the Purchase Services which you use, where vino&u has made this option available to you.
3. The Company may at any time, terminate the Terms with you if:
  - (i) you have breached any provision of the Terms or intend to breach any provision or you as the User have engaged in any form inappropriate behaviour towards the Company staﬀ;
  - (ii) vino&u is required to do so by law;
  - (iii) the partner with whom vino&u oﬀered the Purchase Services to you has terminated its relationship with or ceased to oﬀer the Purchase Services to you;
  - (iv) vino&u is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
  - (v) the provision of the Purchase Services to you by vino&u is, in the opinion of vino&u, no longer commercially viable.
4. Subject to local applicable laws, vino&u reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts vino&u‘s name or reputation or violates the rights of those of another party.
5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and vino&u have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaﬀected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
1. You agree to indemnify vino&u, its aﬃliates, employees, agents, contributors, third party content providers and licensors from and against:
  - (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suﬀered or arising out of or in connection with any Content you post through the Website;
  - (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  - (iii) any breach of the Terms.
Dispute Resolution
1. Compulsory
  - If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice
  - A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution
  - On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
  - (i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  - (ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Victorian Bar or his or her nominee;
  - (iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  - (iv) The mediation will be held in Victoria, Australia.
4. Confidential
  - All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation
  - If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
- The Purchase Services oﬀered by vino&u are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
Governing Law
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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