Dromana Estate Marketplace Terms & Conditions

Welcome to dromanaestatemarketplace.com

Weeping Elm Wines Pty Ltd (ABN 14 139 148 940) provides website features to you when you visit or shop at dromanaestatemarketplace.com (the “website”), The Dromana Estate Marketplace include the information, content, materials, products, and software included on or otherwise made available to you through the Dromana Estate Marketplace and references to the Dromana Estate Marketplace in these Conditions of Use & Sale include any or all of these. Dromana Estate provides the Dromana Estate Marketplace and sells our products to you subject to the conditions set out on this page. “Dromana Estate Marketplace” and “Dromana Estate” are registered business names for Weeping Elm Wines Pty Ltd.

Conditions of Use

1. PRIVACY

Please review our Privacy Notice which also govern your use of Dromana Estate Marketplace, to understand our practices.

2. ELECTRONIC COMMUNICATIONS

When you use Dromana Estate Marketplace or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT AND OTHER RIGHTS

All content included in or made available through Dromana Estate Marketplace , such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Dromana Estate or its content suppliers and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.

Other than to the extent necessary to use Dromana Estate Marketplace for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of Dromana Estate Marketplace without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of Dromana Estate Marketplace or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of Dromana Estate Marketplace or its content without our express written consent.

4. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Dromana Estate Marketplace are trademarks or trade dress of Dromana Estate. Dromana Estate’s trademarks and trade dress may not be used in connection with any product or service that is not Dromana Estate’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Dromana Estate. All other trademarks not owned by Dromana Estate that appear in Dromana Estate Marketplace are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dromana Estate. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Dromana Estate without our express written consent. You may not use any meta tags or any other “hidden text” utilising Dromana Estate’s names or trademarks without our express written consent.

5. RIGHTS OF ACCESS AND USE

Dromana Estate or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of Dromana Estate Marketplace. The right granted to you does not include any license or permission to use Dromana Estate Marketplace or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Dromana Estate Marketplace or any part thereof.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Dromana Estate or its licensors, suppliers, publishers, rights holders, or other content providers.

You may not misuse Dromana Estate Marketplace. You may use Dromana Estate Marketplace only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights, we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Dromana Estate under these Conditions of Use terminate if you do not comply with this Section 5.

6. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Account Area of the website.

You may not use Dromana Estate Marketplace: (i)in any way that causes, or is likely to cause, Dromana Estate Marketplace, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of Dromana Estate Marketplace; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on Dromana Estate Marketplace, the circumstances and our assessment of relevant factors.

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Dromana Estate a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Dromana Estate, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Dromana Estate Marketplace, at our request.

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Dromana Estate Marketplace for all claims brought by a third party against Dromana Estate Marketplace arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.

8. INTELLECTUAL PROPERTY CLAIMS

Dromana Estate respects the intellectual property of others. If you believe that an item or information on Dromana Estate Marketplace infringes your intellectual property rights, please contact us

9. OTHER BUSINESSES

Parties other than Dromana Estate operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

10. DROMANA ESTATE MARKETPLACE’S ROLE

Dromana Estate, through Dromana Estate Marketplace, allows third party sellers to list and sell their products on dromanaestatemarketplace.com The relevant seller is indicated on the respective product detail page. While Dromana Estate helps facilitate transactions that are carried out on Dromana Estate Marketplace, Dromana Estate is neither the buyer nor the seller of the seller’s items. Dromana Estate Marketplace provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the buyer and seller. Dromana Estate is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

11. DISCLAIMER AND LIABILITY

Dromana Estate will not be responsible for any damages your business may suffer to the extent permissible by law. We make no warranties of any kind, express, implied, statutory or otherwise for any Service we provide.

Under no circumstances, shall Dromana Estate, its officers, agents or anyone else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages that result from the use or the inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records,
programs or services.

Dromana Estate disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Dromana Estate may however review, delete or block access to communications that could harm Dromana Estate Marketplace, its customers or third parties.

The grounds on which Dromana Estate may take such action include, but are not limited to, actual or potential violations of our Terms of Service and/or Acceptable Use Policy.

We reserve the right to revise our policies or terms of service at any time.

12. APPLICABLE LAW

The laws of Victoria govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Victoria. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such parties, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.

13. DROMANA ESTATE MARKETPLACE

We reserve the right to cease providing Dromana Estate Marketplace to you, to discontinue Dromana Estate Marketplace and to make changes to Dromana Estate Marketplace at any time. Your access to Dromana Estate Marketplace may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

14. AMENDMENTS

We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use the Dromana Estate Marketplace. You may at any time, cease using Dromana Estate Marketplace, terminate your account (in accordance with Section 6) including in the event of any such change.

15. SEVERABILITY

If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

16. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

17. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use Dromana Estate Marketplace only with the involvement of a parent or guardian.

18. OUR CONTACT DETAILS

Address

555 Old Moorooduc Rd,

Tuerong VIC 3915

Phone

0423 357 551

Email

support@dromanaestatemarket.com

ADDITIONAL DROMANA ESTATE MARKETPLACE TERMS

19. Use of the Dromana Estate Marketplace.You may use Dromana Estate Marketplace solely to use and enjoy Dromana Estate Marketplace as provided by Dromana Estate, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Dromana Estate Marketplace into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Dromana Estate Marketplace or otherwise assign any rights to the Dromana Estate Marketplace in whole or in part. You may not use the Dromana Estate Marketplace for any illegal purpose. We may cease providing any Dromana Estate Marketplace and we may terminate your right to use any Dromana Estate Marketplace at any time. Your rights to use the Dromana Estate Marketplace may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Dromana Estate Marketplace that are specifically identified in related documentation may apply to that Dromana Estate Marketplace (or software incorporated with the Dromana Estate Marketplace) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in Dromana Estate Marketplace is the property of VDI Technology or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights.
20. Use of Third Party Services.When you use the Dromana Estate Marketplace Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
21. No Reverse Engineering.Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the Dromana Estate Marketplace Software, whether in whole or in part, or create any derivative works from or of the Dromana Estate Marketplace Software.
22. Updates.In order to keep the Dromana Estate Marketplace up to date, we may offer automatic or manual updates at any time and without notice to you.

Last update of this policy: March 2020