Terms of Service

OVERVIEW

 

This website is operated by LEVA CORPORATION trading as Tuesday Cellar Co, ACN 669 982 352. Throughout the site, the terms “we,” “us,” and “our” refer to Tuesday Cellar Co. Tuesday Cellar Co offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

 

By accessing and/or using the Site, you agree that:

  1. You have reviewed these Terms and Conditions and our Privacy Policy (available on the Site).
  2. You confirm that you are over 18 years of age and have the legal capacity to enter into a legally binding agreement with us.
  3. You agree to use the Site in accordance with these Terms.

 

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - SUBSCRIPTION

 

When you place an order for a Subscription, you may receive a discount or a free gift. Your Subscription will automatically renew each billing cycle, which will initially be monthly. You will be charged for each order on the first Tuesday of each month (BILLING DAY). The selection of products to be included in your monthly subscription will be notified to you in writing on the Billing Day. This product choice will be made by us. Varying, upgrading, downgrading, and cancelling your Subscription:

- You may change the size of your Subscription at any time by updating your account on the Site.

- You may upgrade or downgrade your Subscription to another tier at any time in the account page/ manage Subscription (or similar), and the upgrade or downgrade will become effective on the next Billing Day. The payment method linked to your account will automatically be charged the subscription fee for your new Subscription tier on your next Billing Day.

- Your Subscription automatically continues until cancelled in accordance with the ‘Cancellation’ clause.

 

SECTION 4 - AVAILABILITY AND CANCELLATION

 

Availability:

All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

 

Cancellation:

You can cancel your Subscription and terminate these Terms at any time by notifying us in writing and/or updating your account on the Site. You must notify us in writing and/or update your account prior to you being charged on the next Billing Day. If you cancel your Subscription following you being charged on a Billing Day, your cancellation of the Subscription will be effective from the following billing cycle (meaning you will not be charged on the next Billing Day).

 

We may immediately suspend, terminate, or limit your access to and use of the Site and terminate these Terms if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.

 

Following cancellation of your subscription, you will have the option to have all wine delivered by using either your accrued delivery credits or paying the delivery cost or you can enroll in a monthly storage subscription keeping your wine in your cellar until such time as you would like it delivered.

 

SECTION 5 - TITLE, STORAGE, AND DELIVERY

Title:

Title to the products will remain with us until you have paid us the Price or the Subscription Fee for that billing cycle in full in accordance with the Terms and the product has been shipped out of our storage facility.

 

General Storage Terms:

We may, in our discretion, open a Container if in our reasonable opinion it becomes necessary to determine the ownership nature or condition of Wine.

 

SECTION 6 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 8 - PRODUCTS OR SERVICES

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit [LINK TO RETURN POLICY]. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 10 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

 

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

SECTION 12 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 13 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY].

 

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 15 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Tuesday Cellar Co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 17 - INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Tuesday Cellar Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 18 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 19 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 20 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 21 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

 

SECTION 22 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 23 – SALE OF ALCOHOL

 

Tuesday Cellar Co practices responsible sale of alcohol License #LIQP770018195. Under the Liquor Control Reform Act 1998, it is an offense to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500). Restrictions on delivery to protect minors: We have also adopted measures to deal with the specific problems associated with the sale of alcohol over the Internet. In particular, we require that deliveries of wine may only be made to a person who is over the age of 18.

 

SECTION 24 – NO CORKED POLICY

 

While we make every effort to verify the outward condition of the bottle, we cannot guarantee the quality of what's inside the bottle. Even the best and most recent bottles may be "corked," "off," or have other problems after the bottle is opened. The risk is greater for older bottles, especially those with low ullage levels. Also, movement during the delivery process can cause minor leakage. We are under no obligation to replace or refund any corked wine.  

 

SECTION 25 – COPYRIGHT AND TRADEMARKS

 

**Our Copyright:** Tuesday Cellar Co ABN 70 669 982 352 owns all copyright and other intellectual property in this website and in the material and works that comprise the website. You may only copy or use any of the material or works in which we have rights if you:

  • Copy or use it for non-commercial purposes;
  • Do not modify it or change the way it appears;
  • Include the copyright notice © Tuesday Cellar Co and any other relevant intellectual property notice in each copy or use;
  • Comply with all relevant copyright, trademark, and other intellectual property laws;
  • Do not use it in a way which is illegal or which infringes or violates Tuesday Cellar Co’s or any other rights; and
  • Comply with Tuesday Cellar Co Terms of Use; **Copyright of third parties:** You may be allowed to post reviews, comments, or other material on the Tuesday Cellar Co website. If you do so, you: • Grant us a perpetual, non-exclusive, unrestricted, international license ("the license") of all your rights in the material to use, copy, publish, distribute and sublicense it in any way;
  • Acknowledge that we are not required to pay any fee or royalty for the license, other than any benefit (such as Loyalty Program points) that you are entitled to under Tuesday Cellar Co Terms of Use;
  • Promise that you own all the intellectual property and other rights in the material and that, in granting the license, you are not causing or allowing the rights of any other person, corporation, or entity to be violated or infringed in any way, including, but not limited to, defaming them; • Agree to indemnify us against any loss, damage, or claim we suffer, including legal costs and expenses, as a result of your breaching these conditions;
  • Agree not to post any material that is or may be considered to be unlawful, distasteful, offensive, pornographic, threatening, or in the nature of advertising or promotion that is not permitted by our Terms of Use;
  • Agree not to post any material that contains any virus or other code or instruction that may harm any computer system; and • Acknowledge that we may remove any material from the Tuesday Cellar Co website at any time and in our complete discretion.

 

**Your Copyright:** Tuesday Cellar Co respects the copyright and other intellectual property rights of others. If you believe that we are infringing your rights in any way, please contact us immediately so that we can discuss and, if appropriate, try to remedy the matter.

 

**Trademarks:** Where indicated ®, the trademarks are registered in Australia. In addition to complying with the conditions set out above with regard to intellectual property rights, you must only use Tuesday Cellar Co’s trademarks or apply them to any goods or services if the use or application: Is on or to Tuesday Cellar Co’s goods or services; Does not or is not likely to deceive or confuse consumers; and Is authorized by us in writing, is subject to our control, and complies with any other conditions which we stipulate. Other trademarks on the site are the property of their respective owners and you must not use them in any way unless you have the express authority of those owners.

 

SECTION 26 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at info@tuesdaycellarco.com

 

Our contact information is posted below:

Tuesday Cellar Co

Info@TuesdayCellarCo.com

686 Lawrence Hargrave Drive, Coledale, NSW 2515, Australia

0434303088

ACN 669 982 352