Terms & Conditions

TERMS & conditions

Winetopia International

SITE TERMS & CONDITIONS

1. Introduction
1. 1.1 This site is owned and operated by Winetopia International ABN 57701990 (“Winetopia International”)(the Company, we, us, our or it) and these terms and conditions, the Delivery and Returns Policy, our Privacy Policy, and any other terms and conditions that appear in, are linked to or form part of the sites (Terms) govern the use of and access to our online marketplace and social media platforms and Apps (the Sites).
2. 1.2 These Terms also describe your (You, the User) rights and responsibilities so please take a few minutes to review them as your continued use of the Sites constitutes your agreement to follow these Terms and to be bound by them. If you do not agree to be bound by these Terms, please do not use the Sites.
3. 1.3 We reserve the right to add to, delete or change these Terms at any time and will advise you of such changes by emailing you at the address you provided to use when registering for your Account. Your continued access and use of any part of the Platform constitutes your acceptance of any change or update to these Terms, all of which shall become binding when posted. You agree to be bound by these Terms each time you use the Sites.
2. Eligibility
1. 2.1 As a User you represent and warrant:
  1. (a) you are [18] years or older;
  2. (b) you will abide by these Terms and any policies on the Sites which may be posted and made available to you from time to time; and
  3. (c) all information provided by you for the purpose of establishing your Account is true, accurate and correct and you will notify us immediately of any changes to that information, this includes but is not limited to credit card or direct debit information. We will handle all personal information we collect in accordance with our Privacy Policy.
2. 2.2 Winetopia.com.au and its related domains are operated by Winetopia International Australia. Sales of wines through Winetopia.com.au is made under New South Wales liquor licence P770010144.
3. Use of Sites
1. 3.1 You must not misuse any Site and only use it for lawful purposes. You will not use the Sites (including any of Winetopia International social media sites) for any activities, or post or transmit to or via the Sites any information or materials, which:
  1. (a) breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes;
  2. (b) interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Sites;
  3. (c) is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
  4. (d) commits or encourages a criminal offence, transmit or distribute a virus, Trojan, worm or post any other material which is malicious and technologically harmful;
  5. (e) hacks or disables any part of the Sites to corrupt data, cause annoyance to other; or
  6. (f) users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site.
2. 3.2 You represent and warrant that if you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites. As the Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia.
4. Contract of Sale
1. 4.1 We provide the Platform in order to facilitate transactions between a Buyer and a Seller. All contracts of sale are a legally binding contract between a Buyer and a Seller and we may not be a party to that contract. Nothing in the contract of sale creates a direct legal relationship between a Buyer, a Seller and us, unless we specifically state that. As we may not be a party to any contract of sale, Users acknowledge and agree that we are not and will not be responsible for any goods listed on the Sites, specifically in relation to any representations or warranties provided by a Seller.
2. 4.2 Sellers are responsible and liable for:
  1. all contracts of sale entered into between a Seller and a Buyer through the Platform;
  2. any product a Seller supplies through the Platform;
  3. the fulfilment of any order placed through the Platform; and
  4. all material published by a Seller on the Platform.
5. Pricing and orders
1. 5.1 The Seller determines the price of all goods available for purchase on the Platform.
2. 5.2 The Seller is responsible for arranging shipping of all goods purchased on the Platform and for providing Buyers with all relevant information in relation to all applicable shipping charges and tracking information. The total amount displayed by a Seller on the Platform is the total price payable for the goods including tax.
3. 5.3 Prices displayed on the site are subject to change without notice.
6. Product Specifications
1. 6.1 Features and specifications of Products described or depicted on the site are provided by the third party sellers of the product(s) and are subject to change without notice.
2. 6.2 To the extent permitted by law, Winetopia International makes no warranty or representation regarding the standard of any goods or services to be supplied by a third party seller on the site.
7. Payment
1. 7.1 Merchant of record
  1. Users acknowledge and agree that:
    1. all transactions that occur via the Platform are done so by the Company in its capacity as merchant of record,
    2. all transactions are managed and processed by the Company;
    3. all payments will be processed, and any refunds will be issued, by the Company; and
    4. the Company may use third party payment processing services to process payment and the Company hereby disclaims all liability for claims that may arise out of using such third party payment processing services.
2. 7.2 Charging of Credit Cards
  1. (a) If we are unable to charge a credit card due to insufficient funds or other errors, then we will attempt to contact the customer by email or via the message centre in your account to rectify the issue. If the customer does not contact us to resolve the issue, the order will be cancelled. Please note that stock availability and prices may change if the time between placing the order and credit card details being corrected or funds being available is delayed.
  2. (b) By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment. You also authorise us to collect and store it, along with other information related to your transaction. You authorise us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
  3. (c) In the event that:
    1. (i) your method of payment is not valid;
    2. (ii) we determine, in our sole discretion that a transaction is unauthorized;
    3. (iii) your method of payment cannot be processed at the time of any charge; or
    4. (iv) any charge is disputed for any reason other than the undisputed failure by us to deliver the items purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your account, thereby terminating all of our obligations to you under these Terms, and, in addition, to charge you an administrative processing fee equal to AUD$10, per instance, which charge you hereby authorise by entering into any transaction through the Sites.
8. Delivery of Products
1. 8.1 “Licensed premises” means Winetopia International's licensed premises at L7, 140 William St, Woolloomooloo NSW 2011 (Licence number 770010144); Level 11, 50 Pirie St South Australia SA 6003 referred to jointly and severally as the context requires.
2. 8.2 Delivery Requirements
  1. Winetopia International is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:
    1. (a) to the adult person who placed the Order, or
    2. (b) to another adult person at those premises who undertakes to accept it on your behalf, or
    3. (c) if delivery takes place on a day following the placing of an Order, in accordance with the customer's instructions but always to a person over the age of 18 years.
  2. The person responsible for delivering liquor may refuse to deliver the liquor to any person who fails to provide proof of age satisfactory to the person responsible that the person is aged eighteen (18) years or over.
3. 8.3 Pick Up Requirements
  1. (a) Only selected Goods, as specified on the Platform, may be picked up by the Buyer from selected locations. Where pick up is available, Buyers must advise Winetopia International through the Website at the time of purchase whether they wish to pick up the Goods or have them delivered.
  2. (b) Pick up is available from the locations as shown on the Platform. During the ordering process, you need to select a store from which you will collect the order. Our standard delivery time frames and charges apply to each Pick up order.
  3. (c) You agree to comply with certain collection requirements specified in this clause 16 and such other requirements that we notify to you when you place your Pick up order through the Website:
  4. (d) You must collect your Goods from the store selected by you when you place your order;
  5. (e) Photographic identification and a signature must be provided when you collect your Goods; and
  6. (f) Your photographic identification will be recorded at time of collection of your order and the personal information collected will be held and may be used in accordance with our privacy policy.
  7. (g) If you will not be the person collecting your Goods then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age.
  8. (h) If you or your representative do not supply the appropriate identification, we will not allow collection of the products you have ordered.
  9. (i) You agree to ensure that the person collecting any liquor or other relevant restricted products is over the age of 18 years or such other minimum age as prescribed by law.
4. 8.4 If Winetopia International is not the Seller, then the Seller, and not Winetopia International, is responsible for the delivery and supply of the products to you. The Seller utilises their own shipping and distribution networks and may charge different rates for shipping on products. The Seller will set their own delivery time frames and you may contact the Seller directly to obtain an estimated delivery date and/or tracking information (if applicable). Any delivery dates which may be specified on the Sites are estimated dates only. You acknowledge that these delivery dates may vary and delays in delivery may be unavoidable.
5. 8.5 Winetopia International will try to ensure that all orders are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Winetopia International does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
9. Faulty or Damaged Products
1. 9.1 All goods sold on our Sites come with guarantees that cannot be excluded by Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2. 9.2 If any part of your order or products are defective or faulty, you should first contact the Winetopia International Customer Service team cs@Winetopia.com.au or through your account. We will coordinate a response from the third party seller and will resolve any dispute in accordance with the Australian Consumer Law, this may include, at our sole discretion, replacing or refunding you the price of the product to your original payment method.
3. 9.3 No warranty applies to a sale of auction.
10. Privacy
1. 10.1 Your personal information will be collected, used and shared in accordance with our Privacy Policy. Our Privacy Policy describes how we store and use your personal information, how you can access your personal information and how you can contact us regarding your personal information.
2. 10.2 By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms. Information provided to us may be disclosed to third parties including our suppliers, Buyers, Sellers and our business partners, or as required by law.
11. Cookies
1. Cookies are small pieces of information captured when your device is used to access online content. Winetopia International Privacy Policy outlines how we use cookies. If you disable cookies on your browser or device, you may not be able to fully experience all features of the Sites.
12. Disclaimer
1. Winetopia International will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.
13. No Guarantee
1. 13.1 This clause applies only to the maximum extent permitted by applicable law, and does not (and is not intended to) override any rights that you have pursuant to applicable law, including the Australian Consumer Law. Winetopia International and its related body corporates (as applicable) provide, and you accept that:
  1. (a) We make no representations, warranties or guarantees of any kind, express or implied as to the operation of our Sites or the information, content, materials or products included on our Sites, except as otherwise provided under applicable law.
  2. (b) We will not be liable for any damages arising out of, or in relation to, the use of our Sites or sites linked to our Sites. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.
  3. (c) You assume all risk of use of all features of a Site. You release Winetopia International of all responsibility for any consequences of their use.
  4. (d) By continuing to access our Sites you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.
  5. (e) Our Site and its content is provided to you on “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault- or virus-free.
2. 13.2 Winetopia International is an online Platform where you may purchase products from Sellers via the Site. Winetopia International in some circumstances acts as a limited agent for the Seller and yourself in order to:
  1. (a) facilitate the sale and purchase of products;
  2. (b) collect payment from you and then remit payment to the Seller; and
  3. (c) provide associated support services in relation to the sale and purchase of products, we will in some circumstances not be a party to a transaction between a Seller and yourself and therefore do not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a Seller through the Sites.
3. 13.3 Winetopia International and its related body corporates expressly disclaim all liability for any act or omission of you, any Seller or other third party.
4. 13.4 Each Seller is also responsible for ensuring their products or services and any related content or advertising complies with all applicable laws including the Australian Consumer Law.
5. 13.5 You acknowledge that the Winetopia International is merely providing a Platform to facilitate the contracts between the Seller and yourself and to the extent that you have any claims or may have any claims in the future against the Winetopia International, you hereby fully release, waive and abandon all such claims whether existing at the time of entering into the contract for sale with the Seller or any time before or after entering into such contract with the intention that you have no claim whatsoever against the Winetopia International whether arising directly or indirectly from the acquisition of goods and/or services using the Platform provided by the Winetopia International.
14. Content
1. 14.1 The Sites and their content are subject to copyright, and other intellectual property rights. These rights are owned by Winetopia International ACN 57701990 or in the case of some material, a third party, where the third party has provided permission to use the content.
2. 14.2 You must not otherwise reproduce, transmit (including broadcast), communicate, upload, adapt, distribute, sell, modify or publish or otherwise use any of the material from the Site, including code and software, audio and video excerpts, except as permitted by statute or with our prior written consent.
3. 14.3 Our Sites includes registered trademarks, and other marks that are otherwise protected by law. You may not use our trademarks without our written consent or any third party’s trademarks without their consent.
4. 14.4 The Sites may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.
5. 14.5 Many of the products and services offered for sale or advertised and much of the information provided via the Site are the products, services and information of third parties. These third party products, services and information are not provided or delivered by Winetopia International. Further, we may receive fees or commissions from third parties for products or services displayed or made available on the Sites or accessible through a link on the Sites. You acknowledge and consent to us receiving such fees.
6. 14.6 By posting or adding any content onto the Sites or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
7. 14.7 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
8. 14.8 The license referred to above will survive any termination of these Terms.
9. 14.9 You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out above.
15. Intellectual Property and Rights
1. 15.1 You acknowledge and agree that the Sites and all data related to the access and use of the Sites (including all intellectual property rights in all of the foregoing) are and remain the property of Winetopia International.
2. 15.2 You acknowledge and agree that you will not:
  1. (a) improperly use the Sites; or
  2. (b) use any of our names, logos or marks for any commercial purpose except as expressly for by us; or
  3. (c) try to register or otherwise use or claim ownership over any of our names, logos or marks.
    15.3 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Sites.
16. Indemnities
1. 16.1 You agree to indemnify and hold us and our supplies, affliatesaffiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to:
  1. (a) your breach of these Terms;
  2. (b) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you;
  3. (c) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and
  4. (d) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with us or your use of the Platform. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of ours and /or our suppliers, affiliates, partners, subsidiaries and employees.
17. Social Media
1. 17.1 Winetopia International uses a number of social media sites (eg Twitter, Youtube, Facebook, Instagram, Pinterest and Tiktok), but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with our users.
2. 17.2 Third party social media sites will also be governed by their own particular terms of use Winetopia International does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on Sites or Winetopia International’ social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.
3. 17.3 Users must not post or upload any comment, content or link to the Sites (including and social media sites) which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
4. 17.4 Winetopia International may moderate user-posted content and may remove and content that, in our opinion, is inappropriate. While we review content regularly, there may be times when inappropriate content is viewable before it can be removed.
5. 17.5 Winetopia International does not undertake to inform users when such content has been moderated or removed. We may provide warnings, or otherwise block or suspend users or their account in our sole discretion.
6. 17.6 Where you post or submit content to a Site, you warrant that you:
  1. (a) Have permission of the person/s appearing in the content to submit it to the Site;
  2. (b) And for them and their image or likeness to be subject to these Terms, including use by Winetopia International and our Privacy Policy;
  3. (c) Have the right to submit the content (including copyright), the content is your own;
  4. (d) Original creation, and that you unconditionally and irrevocably consent to any act;or
  5. (e) Omission which might infringe any moral rights you may have in content (as defined in the Copyright Act 1968 (Cth));
  6. (f) Winetopia International may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Winetopia International) at any time in the future, and via any media;
  7. (g) Winetopia International does not accept any responsibility or liability where content is downloaded from the Sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Winetopia International does not accept any liability for such actions; and
  8. (h) Any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by Winetopia International to conduct campaigns, research and marketing activities (including informing you about special offers from Winetopia International and to become part of databases maintained by Winetopia International or any of its associated entities), and otherwise be used in accordance with our Privacy Policy.
18. Updates & Termination
1. You acknowledge and agree that we may:
  1. (a) vary these Terms at any time. By continuing to use the Sites you consent to any variations. It is your responsibility to regularly check these Terms for any variations.
  2. (b) at any time, and in our sole discretion, suspend or terminate the access to the Sites for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.
  3. (c) disclose any information we may have about a user in relation to an investigation or allegation that your use of the Sites breaches these Terms, or any applicable laws.
  4. (d) identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief in the relevant jurisdiction.
19. General
1. These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms will not be assignable or transferable by you without our prior written consent however we may assign these Terms without your consent . These Terms (including all of the policies and other Agreements described in these Terms, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
20. Definitions:
1. Account means the account that you must establish in order to use the Platform.
2. Buyer means a person using the Platform to purchase goods.
3. Platform means this site.
4. Seller means a person using the Platform to sell goods.

PRIVACY & SECURITY
1. Winetopia International ACN 57701990 (Winetopia International) is committed to protecting your personal information. This Privacy Policy sets out the details relating to your data relationship with Winetopia International, and applies to all services and interactions with Winetopia International and other related social media sites and pages.
2. This Privacy Policy applies to products and services offered by us, and by using our services you agree and consent to the collection, use and disclosure of your information in connection with providing you our services.
What we collect and how we collect it
1. The personal information we collect about you depends on the dealings you have with Winetopia International. Personal Information includes information about an individual who is reasonably identifiable. You generally have the option of interacting with us anonymously or using a pseudonym, however in some instances this may prevent us from being able to provide you with products and services, for an example where you place an order for products online.
2. The types of personal information we collect and use information depending on your interaction and transactions with us, including:
What Information do we collect?
1. contact name and details;
2. payment and transaction information including type, bank and credit card details etc;
3. delivery address or collection details;
4. your location details through your smart phone or device;
5. certain departments may request sensitive information such as skin type in dietary requirements, cosmetics or size details in intimate apparel, in order to provide you with products or services;
6. transaction, product, services and activity details of purchases, preferences and interactions.
How do we collect information?
1. When may collect your personal information when you:
  1. Use or visit Winetopia International online store, related websites, social media platforms or Apps;
  2. conversations with our staff on the phone or at events;
  3. make a purchase or place an order;
  4. setup a Winetopia International account;
  5. enter a competition or complete a survey;
  6. send us an enquiry or provide us with feedback;
  7. participate in a promotion, competition, or survey;
  8. join a mailing list;
  9. post a review, rating or comment on our website or social media page.
  10. Use of Cookies
2. Information is automatically collected through your use of the Winetopia International sites, Affiliates’ websites and Apps, electronic communications, through cookies. Cookies are small text files that websites or Apps may place on your computer or device. Generally, cookies are used to recognise repeat users of websites and remember user preferences. We may collect this information both anonymously and in relation to user accounts. Cookies are also used to allow the website to gain statistical information about your usage behaviour and aggregate data to allow Winetopia International to customise a user's experience on their websites. The information is used and disclosed by Winetopia International for purposes including statistical analysis and to assist us improving the functionality and usability of the website and related Apps. You can switch off cookies by adjusting the settings on your web browser.
Why we collect personal information
1. We collect your personal information to provide, administer, improve and personalise our products and services, and to support our business functions, including:
  1. to provide you with products and services;
  2. to improve our service operations to enhance your customer experience;
  3. to manage and work with our service providers to fulfil your request for products and services such as processing transactions and payments, delivering products and services, providing refunds and discounts;
  4. to register and service your account, including any online account with the Site and keeping your information up‐to‐date, and verifying your identity;
  5. promoting and communicating Winetopia International products and services through direct marketing, events and competitions, public relations and social media. We may also make use of third parties who use cookies to serve ads to you based on your past visits and use of our website. This allows us to notify you of products or offers which we think might be of interest to you;
  6. to communicate with you and perform research and statistical analysis, such as customer satisfaction and product and service improvement purposes, tailor products and promotional offers to you, usage behaviour and user experience for online and digital platforms to improve functionality and usability. This may include matching information we collect against other information held by third parties, partners and sellers that you have consented to share your information with (We may also use and disclose de-identified data for these purposes);
  7. to respond to your query, feedback or concerns;
  8. responding to and interacting with regulatory bodies and relevant government agencies;
  9. general planning and administration, and as other required or permitted by law. We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are required or authorised by or under law, and for which you have provided consent.
Digital marketing, advertising and opting out
1. By providing your address, email address and contact number to Winetopia International or its related parties and partners, you consent to Winetopia International contacting you. We may send this information in a variety of ways, including by mail, email, social media, SMS, MMS, telephone and via Winetopia International Apps. You may prefer to provide to us your personal email address or mobile number rather than, for example, an email address accessible by your work colleagues. If we send you direct marketing or send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, withdraw your consent or opt-out by:
2. Contacting our Customer Service team here: (1300 226 835, cs@Winetopia.com.au); or
  Using the unsubscribe facility that we include in our electronic messages (eg email, SMS or MMS) to opt out of receiving those messages.
  Sharing your personal information
3. Winetopia International works with a number of suppliers that provide us with services to fulfil your request or carry out specific functions on our behalf, including:
4. *Contracted or approved third party service providers or contractors to provide you with products or services requested by you or may be of interest to you, to process your payment, to communicate offers and promotions to you, and for product development and product, service and market research. An example of an approved third party service provider is PayPal, their Privacy Statement can be located at our Privacy Policy.
5. *Our loyalty program partners, suppliers and service providers.
6. *Approved technology services including application and systems, cloud computing facilities, development and technical support, processing, storing, hosting, research and to analyse data.
7. *Business advisors, including lawyers, accountants, insurance, recruitment advisors and agencies, auditors or other professional service providers to the extent reasonably required.
8. *Regulatory, investigative or government bodies to comply with applicable laws or respond to valid legal process such as a search warrant, a court order or a subpoena and fraud management.
9. Some of our trusted service providers such as technology or data storage providers may be located outside of Australia including Japan, Singapore, India, Hong Kong, the Philippines, the United States of America and other countries or jurisdictions depending on the nature of the services those recipients provide to Millennial Mall Pty LtdYotpo.
Protection of personal information
1. Personal information we hold will be in electronic form with our trusted service provider. Any trusted service provider must observe and meet our information security requirements to minimise the risk of unauthorised access to, and loss, misuse or unapproved alteration of, personal information.
2. In addition we have a number of security controls in place and use a range of resources, process and technology controls to protect your personal information. While we endeavour to protect the personal information of users of our website, we cannot guarantee the security of information you disclose online. You disclose that information at your own risk. You should be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. You can also help protect your personal information by keeping your Winetopia International account details confidential, access is limited and we encourage you to use a unique and strong password, limit access to your computer and log out after use. If you become aware of unauthorised access, please contact the Winetopia International Customer service team as soon as practicable using these details…
Third party sites
1. We may display advertisements from third parties and other content that links to third-party websites. Links to third party sites that are not operated or controlled by Winetopia International are provided for your convenience. If you click on a third-party advertisement or link, you are leaving Winetopia International and any personal information you provide will not be covered by this Policy. Winetopia International is not responsible for the privacy or security practices of those sites. Third party websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them.
Access and Corrections
1. Access
  1. If you would access to personal information we hold about you, please contact the Winetopia International Customer Service team. When making an access request, please provide as much detail as you can about the particular information you seek, in order to help us retrieve the information. We may ask you to verify your identity before proceeding with any request you make, this includes providing us satisfactory proof of identity as determined by us.
2. Corrections
  1. If you ask Winetopia International to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. If we correct personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask us to notify that other entity. If so, we will take reasonable steps to do so, unless this would be impracticable or unlawful. You should ensure that all personal information submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with the products and services you have requested. A record of the changes made to your personal information may be noted in your account or filing.
Complaints or Questions
1. If you would like further information about how we manage your personal information, or if you have any queries relating to our Privacy Policy, or wish to lodge a complaint in relation to an alleged breach of the Privacy Act, please contact the Winetopia International Customer Service team using the following contact details, cs@Winetopia.com.au
2. We may ask you to submit your complaint in writing. We may discuss and share your complaint with our staff and our service providers and others as required and appropriate.
3. All complaints received by the Customer Service Team will be dealt with in a timely manner considering all the circumstances of the complaint. In most cases, we expect that complaints will be investigated and a response generally provided within 30 days of receipt of the complaint.
Updates to this Policy
1. Winetopia International may amend this Privacy Policy from time to time without notice. You should check this page regularly to take notice of any changes. The current version will be posted on our website and a copy may be obtained by contacting our Customer Service team.
General
1. This Privacy Policy and your use of Winetopia International services including the website is governed in all respects by the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of Australia.
2. For information about privacy generally, you may visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.

Addendum for Storage
Winetopia International ACN 57701990 (Winetopia)
MAIN POINTS
1. You must pay for the Storage Fees for your Wine monthly in advance.
2. Storage of the Wine shall be at your own risk.
3. You must notify Winetopia International if you sell the Wine during the Storage Period.
4. You must maintain insurance for the full value of the Wine for the Storage Period. The insurance policy must note the interest and storage address of the Premises.
5. Temporary removal of a Wine requires a minimum of 48 hours prior notice. Unless agreed by prior arrangement with Winetopia International, removal of any Wine must occur between the hours of 8.30am to 5.30pm Monday to Friday.
6. 30 days notice must be given for termination of this agreement.
7. You must notify Winetopia International of any changes to your address and contact details.
8. Winetopia International is not liable, to the extent permitted by law, for any loss or damage suffered by you or any other person as a result of this Agreement. Winetopia International may in its discretion relocate the Wine within the Premises without notice to you.
DEFINITIONS
1. The Terms and Conditions apply to the extent not already covered in the Standard Terms and Conditions of Winetopia International. If there is any inconsistency, these terms prevail.
2. In this Agreement:
  1. “Business Day” means any day other than a Saturday, Sunday, bank holiday or public holiday in New South Wales.
  2. “Claim” includes any claim, demand, writ, summon, action, suit, proceeding, judgment, order, decree, damage, cost (including legal and other professional costs), loss (including consequential loss) and expense (including any consequential increase in any cost or expense) and includes a claim arising in tort for negligence or otherwise (including negligent misrepresentation) for restitution or otherwise at law or in equity.
  3. “Premises” means the location where we agree to store on your behalf.
  4. “Storage Fees” means the storage fees payable by the Owner to Winetopia International at the rates provided for in the Winetopia International Wine Storage Fee Schedule.
  5. “Storage Period” means the period described in the Schedule. Despite any other provision of this Agreement to the contrary, the Storage Period must be a minimum period of 2 months.
  6. “Winetopia International Wine Storage Fee Schedule” means the schedule of fees from time to time
PAYMENT FOR WINE STORAGE
1. The Owner must pay for the Storage Fees for the Wine storage at the rates from time to time applicable in accordance with the Winetopia International Wine Storage Fee Schedule by equal monthly instalments in advance on the first day of each month. Save for the minimum Storage Period of 2 months, for any subsequent period less than 1 month, the Owner must pay Winetopia International the Storage Fee proportionately by reference to the number of days for which the Owner is paying and the number of days in the relevant month during which this Agreement is terminated or cancelled.
2. If agreed between the parties, the Owner may pay and Winetopia International will accept, advanced payments for Storage Fees for the agreed Storage Period (for example, 6 months advanced payment of Storage Fees for a 6 month Storage Period; 12 months advanced payment of Storage Fees for a 12 month Storage Period).
3. The Storage Fee may be increased from time to time by Winetopia International. Winetopia International will provide the Owner at least 30 days’ notice in writing of any change to the Storage Fee.
4. The Owner must pay to Winetopia International for charges for any other services performed by Winetopia International at the request of the Owner and any Storage in excess of the Storage Period from time to time applicable in accordance with the Winetopia International Wine Storage Fee Schedule.
  The Owner must pay legal costs (on a full indemnity basis) incurred by Winetopia International in enforcing (or attempting to enforce) this Agreement including recovering payment of any money due under this Agreement any costs of exercising the rights granted to Winetopia International pursuant to this Agreement.
5. The Owner must make payment under this Agreement to Winetopia International or as directed by Winetopia International and by the method required by Winetopia International, on time without deduction and without demand (unless this Agreement specifies otherwise).
STORAGE OF WINE
1. Subject to payment of the Storage Fees, the Wine can be stored in the Premises. Storage shall be at the risk of the Owner.
  Storage of the Wine shall be at the Owner’s risk. The Owner must at its own cost and expense, insure and maintain insurance for the full value of the Wine for the Storage Period. The insurance policy must note the interest and storage address of the Premises. The Owner must:
  1. prior to commencement of the Storage Period; and
  2. if reasonably requested by Winetopia International at any time during the Storage Period, within 5 Business Days of any request,
  3. provide Winetopia International evidence of this insurances required under this clause 3.2.
RELOCATION
1. Winetopia International may in its discretion relocate the Wine within the Premises without notice to the Owner. This authorisation extends to Winetopia International, its employees and its agents.
LIEN
1. The Owner grants Winetopia International a lien over the Wine for all charges pursuant to the Agreement including any expenses incurred by Winetopia International in accordance with this Agreement.
WINE ABANDONMENT
1. Unless prior written agreement is reached with Winetopia International, if a Wine remains at the Premises for a period in excess of 60 days after the expiration of the Storage Period then the Wine will be deemed abandoned and the Owner authorises Winetopia International to deal with the Wine in any manner that Winetopia International deems fit, including but not limited to moving the Wine to other premises or disposing of the Wine in accordance with the terms of this Agreement.
OWNER’S WARRANTIES
1. The Owner warrants and represents to Winetopia International that at the date of this Agreement:
2. The Owner has legal title to the Wine
3. The Wine is free from all encumbrances, claims or liens, or these are disclosed to Winetopia International prior to the commencement of the Agreement;
  1. The Owner is not bankrupt nor has any receiver been appointed over or in respect of any of the Owner’s assets;
  2. The Owner has not, at the date of this Agreement, agreed to sell the Wine.
  3. If any act, matter or thing occurs or becomes known to the Owner which is inconsistent with the warranties and representations contained in this clause, or if the warranties and representations contained in this clause are incapable of being given, the Owner must immediately give Winetopia International written notice of that act, matter or thing.
SALE OF WINE BY OWNER
1. Where at any stage during the Storage Period of this Agreement the Owner sells the Wine to a third party (“New Owner”), the Owner must provide notice to Winetopia International to that effect. Where:
2. the New Owner intends to continue storage of the Wine following the date of sale and purchase of the Wine, the Owner will do all things necessary to assist Winetopia International in procuring from the New Owner a Wine storage agreement on the same (or similar) terms to this Agreement. The Owner will continue to be liable under this Agreement until the New Owner executes a Wine storage agreement on the same (or similar) terms to this Agreement;
  1. the New Owner does not intend to continue storage of the Wine following the date of sale and purchase of the Wine, the Owner must promptly provide notice to Winetopia International to that effect.
  2. In the event the Wine is sold, the Owner shall remain liable for Storage Fees until:
  3. the date on which the New Owner enters into a Wine storage agreement on the same (or similar) terms to this Agreement; or
  4. the date on which the New Owner permanently removes the Wine from storage in the Premises,whichever is the latter.
ACKNOWLEDGEMENT RISK AND INDEMNITIES
1. The Owner acknowledges that:
  1. the Wine is in the condition as described in the Condition Report at the time that the Storage Period commences;
  2. Winetopia International provides storage services only and does not necessarily store Wine according to growers requirements or any other special requirements unless the Owner and Winetopia International agree to such requirements and the Owner agrees to pay additional charges as set from time to time in the Winetopia International Wine Storage Fee Schedule.
  3. The Owner uses the services of Winetopia International (including the storage of the Wine) at own risk and in particular, the risk in the Wine remains with the Owner.
  4. The Owner indemnifies Winetopia International, its employees and agents from and against all claims, demands, actions, loss, costs and expenses brought or made against or suffered or incurred by Winetopia International arising directly or indirectly out of:
    1. the actions, omissions or negligence of the Owner and the Owner’s servants or agents (including any contractor employed by the Owner);
    2. any default by the Owner under this Agreement;
      1. misuse by the Owner of any facilities or services made available by Winetopia International; or
      2. any other cause other than the sole negligence of Winetopia International its employees and agents
  5. The Wine is stored at the sole risk and responsibility of the Owner who shall be responsible for any and all theft, damage to, and deterioration of the Wine, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water or other liquid, mildew, mould, heat, spillage of material from any other Wine.
EXCLUSION AND LIMITED LIABILITY
1. Subject to any condition, warranty or right implied by the Competition and Consumer Act 2010 (Cth) or any other law which cannot by law be excluded by agreement, Winetopia International gives no warranties apart from those, if any, expressly set out in this Agreement and all other implied conditions, warranties and rights are excluded;
2. Where any condition, warranty or right is implied by law and cannot be excluded, Winetopia International limits its liability for breach of any implied condition, warranty or right referred to in clause 10.1 to the extent permitted by law;
3. Subject to the qualifications in Schedule 2, section 64A of the Competition and Consumer Act 2010 (Cth) or in any other law, Winetopia International’ liability for any breach of any such implied condition, warranty or right, in connection with the supply of goods or services, is limited to any one or more of the following (as Winetopia International may determine):
4. the supplying of the services again; or
  1. the payment of the cost of having the services supplied again.
  2. Subject to the provisions of clauses 10.1, 10.2 and 10.3, and despite any implication arising from any other clauses in this agreement, Winetopia International is not liable to the Owner to the extent permitted by law at common law (including in contract or restitution), under the principles of equity, in tort (including negligence) under any statute or otherwise (Legal Liability) for, or in respect of, any indirect or consequential loss or damage suffered by the Owner or any other person arising out of any breach or other act or omission in connection with this Agreement.
  3. To the extent permitted by law, and despite any implications arising from any other provisions of this Agreement, the total liability of Winetopia International to the Owner for Legal Liability, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with this Agreement, together with any amounts payable under obligations of indemnity, restitution or other entitlements of the Owner to compensation, will not exceed the amount paid by the Owner to Winetopia International in the prior 12 months;
  4. No demand, claim, action or proceeding, regardless of form, arising out of this Agreement may be made or brought by a party more than 2 years after the cause of action has arisen.
CLAIMS
1. Any claims made by the Owner with respect to the condition of the Wine after the Storage Period must be made to Winetopia International at the time of collection of the Wine by the Owner from the Premises. The Owner releases and forever holds harmless Winetopia International for any claims not notified to Winetopia International in that time.
2. If the Owner fails to complete a Condition Report at the beginning of the Storage Period then the Owner forfeits any right the Owner may have either in law or in equity against Winetopia International with respect to the condition of the Wine.
CHANGE OF ADDRESS AND NOTICE
1. The Owner must notify Winetopia International within 48 hours of any change in the Owner’s or the Alternative Contact’s address or contact details.
  Winetopia International may serve any notice by forwarding it by post to the address last notified by the Owner and the notice shall be deemed to have been received on the third Business Day after posting.
INTEREST ON OVERDUE AMOUNTS
1. Without limiting any other right or remedy available to Winetopia International, whether under this Agreement, at law, in equity or otherwise, the Owner agrees to pay to Winetopia International interest on any amount due to Winetopia International under this Agreement at the rate of 7% per annum for each month or part of a month that such amounts remain unpaid after the due date for payment. If Winetopia International obtains a judgement against the Owner, the Owner must pay interest on the amount of the judgement at the higher of the rate prescribed by legislation or the rate specified under this clause for each month or part of the month that the judgement remains unpaid.
ACCESS AND REMOVAL OF WINE
1. Winetopia International reserves the right to impose conditions as to the time and manner of access to the Wine by the Owner or any person authorised by the Owner and is not obliged to provide access to the Wine or to permit its removal from the Premises unless Winetopia International is satisfied that the person or persons seeking access to the Wine are properly authorised by the Owner.
2. Winetopia International shall be entitled to refuse access to the Wine and to prevent its removal where moneys are owing by the Owner to Winetopia International or if Winetopia International exercises its lien pursuant to clause 5.
3. The Owner must pay Winetopia International the applicable Storage Fee for any period which Winetopia International retains possession of the Wine as a consequence of the exercise of the lien referred to in clause 5 and that lien shall extend over any Storage Fee charged pursuant to this clause.
4. Access to the Premises is strictly limited to personnel authorised by Winetopia International.
5. Temporary removal of a Wine requires a minimum of 48 hours prior notice. Unless agreed by prior arrangement with Winetopia International, removal of any Wine must occur between the hours of 8.30am to 5.30pm on a Business Day. Removal of any Wine in contravention of the requirements of this clause 13.5 (namely, without 48 hours prior notice, on a weekend or public holiday) will incur additional charges in accordance with the rates provided for in the Winetopia International Wine Storage Fee Schedule.
6. Inspection of any Wine must be by prior appointment with Winetopia International.
7. Permanent removal of a Wine, unless otherwise agreed, requires 30 days prior written notice to Winetopia International. The Owner must pay Storage Fees for the minimum Storage Period of 2 months prior to acceptance of any Wine by Winetopia International for storage. Permanent removal of any Wine after this time in accordance with this Agreement will result in a pro-rata refund of any Storage Fees paid in advance (if any).
TERMINATION
1. Winetopia International or the Owner may terminate this Agreement at any time by giving the other 30 days’ prior written notice.
  If the Owner breaches this Agreement then Winetopia International may notify the Owner of the breach and, if that breach is not remedied within 5 Business Days, Winetopia International may immediately terminate this Agreement by written notice to the Owner.
2. Upon termination of this Agreement (whether by termination under this clause or otherwise) the Owner must immediately remove the Wine from the Premises and pay all outstanding Storage Fees and other money payable to Winetopia International pursuant to this Agreement. For the purpose of this provision, Storage Fees will continue to accrue from the date of termination until the date of removal and payment.
  The expiry of this Agreement (whether by termination under this clause or otherwise) shall not prejudice or effect any rights or remedies available to Winetopia International under this Agreement, at law, in equity or otherwise.
3. Transfer of title in the Wine (whether by sales or otherwise) will not terminate this Agreement and the Owner remains liable under this Agreement until this Agreement is discharged or Winetopia International enters an agreement with the new owner.
GENERAL CONDITIONS
1. The Owner:
  1. must only use the storage facility of Winetopia International for storage of the Wine and may not store in or with the Wine any goods that are hazardous, illegal, stolen, combustible, flammable, explosive, environmentally harmful, perishable, living or that are a risk to property or person (except to the extent that the goods of such nature are ordinarily found in the Wine and cannot be reasonably removed from the Wine);
    1. cannot assign this Agreement without the prior express written consent of Winetopia International;
    2. gives permission to Winetopia International to discuss any matter arising under this Agreement with the Alternative Contact;
    3. must comply with all reasonable directions given to the Owner by Winetopia International’s employees charged with the administration of the Premises.
CREDIT CARD PAYMENT
1. The Owner authorises Winetopia International to charge the Owner’s credit card for any payments that are due and owing to Winetopia International by the Owner under this Agreement.
PRIVACY
1. Winetopia International holds all information it obtains about the Owner pursuant to the Privacy Principles of the Privacy Act 1988.
  Information is collected for the purposes of carrying out this Agreement or enforcing the Winetopia International’s rights under this Agreement.
GENERAL PROVISIONS
1. Costs
  1. Each party shall pay their own costs of and incidental to this Agreement
2. Severance
  1. The covenants, undertakings and conditions contained in this Agreement are severable and be so construed as not to infringe any laws which may affect this Agreement. If such covenant, undertaking or condition on its true interpretation is found to infringe any such laws, the covenant, undertaking or condition shall be read down to the extent as may be necessary to ensure that it does not infringe any such law and as may be reasonable in all the circumstances so as to give it a valid operation or a partial character. In the event that the infringing covenant, undertaking or condition cannot be so read down, it shall be deemed void and severable and shall be deemed deleted from this Agreement to the same extent and effect as if never incorporated herein and the parties hereto shall negotiate with each other for the purpose of substituting an appropriate clause, so far as is practicable, in lieu of such deleted covenant, undertaking or condition.
3. Merger
  1. Notwithstanding completion of the arrangement contemplated by this Agreement, any general or special condition or any part or parts of this Agreement to which effect is not given by such completion and capable of taking effect after completion shall remain in full force and effect.
4. Law
  1. This Agreement will be governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.

Shop Cellar Release!

Shop Champagne

Shop Tequila

Shop Whiskey

Shop Cellar Release!

Shop Champagne

Shop Tequila

Shop Whiskey

Terms & Conditions

TERMS & conditions

Join Our Community

Thanks!