terms & conditions

In these terms and conditions, "we" "us" and "our" refers to Vincurable Pty Ltd,
ACN 139 943 212, the operator of this website.

Your access to, and use of all information on this website, including purchase of our products, is provided subject to the following terms and conditions, and any other laws or regulations which apply to this website. If you do not accept these terms and conditions, you must refrain from using this website.

We reserve the right to amend this notice at any time, and your continued use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you access this website, you read and review these terms and conditions.

We also recommend that you read our faqs page for further information regarding our policies.

If you have any queries or concerns regarding our terms and conditions, please contact us.

topics

1Website Membership
1.1In order to purchase any of the products provided on this website, you must register to become a member. You complete registration by providing certain information as set out on our membership registration page.
1.2On registration, you agree to our privacy policy, which sets out the approach that we take in relation to the protection of the privacy of individuals and the treatment of their personal information.
1.3You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details when they change.
1.4On registration, you acknowledge and warrant that you are an adult residing in Australia that has attained the age of 18 years or an overseas resident who may legally purchase alcohol within the country where you reside.
1.5On registration, you will be required to provide your email address, which you will use to log in to our website.
1.6On registration, you will be required to provide a password, which you must keep secure to prevent unauthorised and/or illegal access to your account by someone other than yourself.
1.7You will be responsible for the use of your account, and any activity (including purchases) associated with your account, which is secured by your password.
1.8You agree to pay for our products, as listed on our website, which you purchase by placing an order with us.
1.9We reserve the right to terminate your membership at any time if you breach these terms and conditions.

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2Privacy Policy
2.1Please refer to our separate privacy policy for information relating to our collection, use, disclosure and storage of the information that you provide to us on registration and at other times.
2.2Whilst we have taken all due care to ensure the security of any information which you may provide to us on this website, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you submit or transmit to us in any fashion, including email, is entirely at your own risk, although we will endeavour to take all reasonable steps to gather and preserve such information in a secure manner.
2.3If you become aware of any problems with the security of submitted or transmitted data, or the security of our website, please contact us immediately regarding your concerns.
2.4You agree that we may store and access cookies in your computer equipment as a method of improving your browsing experience on our website. We will not use them to collect your personal information.

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3Intellectual Property Rights
3.1When you visit this website, we grant to you a limited, non-exclusive, revocable licence to access and use our information for your personal use of this website.
3.2You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our website content in any other way infringes our intellectual property rights.
3.3Except as permitted under the Copyright Act (Commonwealth Act Number 63 of 1968 as amended), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
3.4The licence to access and use the information on this website does not permit you to use any data-mining robot, web-scraping or other extraction tools in relation to this website without our prior written permission.
3.5The licence to access and use the information on this website does not permit you to meta-tag or mirror this website without our prior written permission.
3.6All intellectual property (including copyright) in this website, including design, text, graphics, logos, icons, sound recordings and all software relating to this website belong to, or are licensed by, us. Australian and international laws protect these intellectual property rights.

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4Linked Websites
4.1This website may contain links and references to other websites. Such links and references are provided for convenience only and we take no responsibility for the content and maintenance of any linked or referenced websites.
4.2Any link or reference on this website to another website does not imply our endorsement, support or sponsorship of the operator of that website, nor of the information, services or products which they provide.
4.3Any link or reference on this website to another website does not imply our endorsement of the privacy policy of the operator of that website, nor of the security of that website or any information which you may provide to that website or its operator.
4.4Linking this website is not permitted without our prior written permission.

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5Website Products
5.1Our products are only sold to adults residing in Australia who have attained the age of 18 years or to overseas residents who may legally purchase alcohol within the country where they reside. By proceeding to register as a member and purchase products on our website, you acknowledge and warrant that you are an adult residing in Australia that has attained the age of 18 years or an overseas resident who may legally purchase alcohol within the country where you reside.
5.2Searching for products and accessing our price list is explained on our wines page, and we reserve the right to continually and routinely update and amend the list of our products and their prices at any time.
5.3All prices are in Australian dollars and are inclusive of GST.
5.4We endeavour to ensure that our products comply with the relevant mandatory standards of the Food Standards Australia New Zealand Australia New Zealand Food Standards Code. In this manner, our products meet the safety requirement of the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended), as referred to in their Product Safety Australia website:
(a)Standard 2.7.1: Labelling of Alcoholic Beverages and Food Containing Alcohol (20 December 2000 as amended); and
(b)Standard 2.7.4: Wine and Wine Product (20 December 2000 as amended); and
(c)Standard 2.7.5: Spirits (20 December 2000 as amended).

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6Website Product Descriptions
6.1We endeavour to ensure that our products are described as accurately as possible on our website; however, we do not warrant that any descriptions on our website are accurate, adequate or complete. Where we become aware of any error or omission in a product's description, we will endeavour to correct any error or omission.
6.2We endeavour to ensure that the list of products on our website is completely current; however, we do not warrant that any listings on our website are current. Where we become aware of a product that is no longer available, or no longer available at the price listed, we will endeavour to correct its listing.
6.3The information on this website is not, and is not intended to be, advice. You should not act, or refrain to act, on the basis of any of the material on this website without first satisfying yourself as to the truth, accuracy and currency of all information given.
6.4We do not accept responsibility for loss suffered as a result of reliance by you on the truth, accuracy or currency of information contained on this website.
6.5Images on our website have been provided for illustrative purposes only and we do not warrant that any image will accurately, adequately or completely portray our products.

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7Product Orders (including En Primeur Orders)
7.1On registration, and when placing an order, you acknowledge that you are aware of the reasonable possibility that a proportion of all wine bottled under cork may be affected by cork taint, which can affect the taste of wine, and that all wine may demonstrate various winemaking faults inherent to the process of vinification, and that you would normally reasonably expect cork taint and winemaking faults to be present in bottles of wine purchased by you from us, from time to time, regardless of the cost of the wine concerned, and regardless of correct shipping and storage during the wine's lifetime. Nothing in this paragraph or elsewhere in these terms and conditions limits your rights under the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended), as noted below.
7.2If you have placed an order for a product, but subject to your requirement for the supply of a larger quantity of that product than listed as available on our website, you may cancel your order for that product if we are unable to supply the total quantity at the listed price, or if you decide not to proceed with the order despite the desired quantity becoming available at the listed price, for whatever reason. However, when we are able to supply the requested quantity at the listed price, and once you have accepted this offer, your order will be deemed to have been placed, and the following clauses will apply.
7.3Once you have placed an order, you may not cancel that order even if our written confirmation for your order is still pending.
7.4Once you have placed an order, you agree to pay for that order immediately:
(a)If using a credit card employing online authorisation.
(b)Upon receipt of written confirmation from us for your order in all other circumstances.
7.5We endeavour to ensure that our website's list of available products and their pricing is accurate and current. However, we give no undertaking as to the availability or pricing of any product listed on our website.
7.6If you have placed an order, we reserve the right to cancel your order, or part thereof, should the product no longer be available from our suppliers, or if available, no longer be available at the same purchase price to us as was the case at the time of the original listing of the product on our website.
7.7If you have placed an order, we reserve the right to cancel your order, or part thereof, where a product has been listed with incorrect descriptive information or at an incorrect price due to an error or omission of any kind.
7.8All orders are subject to written confirmation by us. Once we have provided written confirmation to you for your order, we shall proceed to obtain payment from you (unless already obtained where a credit card employing online authorisation has been used) and secure the product ordered by you.
7.9Following written confirmation to you for your order, and upon receipt of payment from you, all orders nevertheless remain conditional upon the supply of the product to us by our suppliers at the same purchase price to us as was the case at the time of the original listing of the product on our website.
7.10We endeavour to provide written confirmation (or cancellation) to you for your order within two business days of your order. We undertake to confirm (or cancel) your order within seven business days of your order. If we have not responded to you within seven business days, your order is deemed cancelled. We are not required to give reasons for cancelling your order; however, in our experience, the most likely reason for cancelling your order will be that we no longer have a supply of the product at the same purchase price to us as was the case at the time of the original listing of the product on our website.
7.11In the event that we are unable to fulfill your confirmed, paid order, or part thereof, due to the product not being supplied to us by our suppliers for any reason, we reserve the right to cancel your order, or part thereof. In this circumstance, we undertake to immediately refund your payment for the order, or part thereof, for the product we are unable to supply. We shall not cancel an order, or part thereof, arbitrarily, and will endeavour to complete all confirmed orders placed by you.
7.12Where an order, or part thereof, can be fulfilled, but at a higher price than that listed at the time of your order, we shall advise you of our revised offer accordingly. In this circumstance, should you wish to accept this revised offer, we shall proceed to confirm your order, or part thereof, at the higher agreed price. You are under no obligation to proceed with your order, or part thereof, at a higher price than that listed and accepted by you at the time of your order. If you choose not to accept the higher price, the order, or part thereof, will be cancelled. In this circumstance, we undertake to immediately refund your payment for the order, or part thereof, for the product we are unable to supply at the price accepted by you at the time of your order. We shall not increase the price of an order, or part thereof, arbitrarily, and will endeavour to complete all confirmed orders placed by you at the same price accepted by you at the time of your order.
7.13You authorise us to confidentially record and retain transaction records as required by Section 109A of the Government of South Australia Liquor Licensing Act 1997.

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8Product Landed Price (including En Primeur Landed Price)
8.1The price paid for products at the time of your order is a fixed, all-inclusive landed price, which only excludes the cost of:
(a)air freight, if requested as an alternative to our routine shipping method of sea freight; and
(b)domestic delivery, being the products' final journey from us to your delivery address within Australia (please refer to topic 9); and
(c)international delivery (if applicable).
(d)the credit charge surcharge (if applicable).
8.2Air freight is explained on our shipping page, and when you request this alternative shipping method, the additional cost incurred is calculated and added to your order when payment is made for the products you have chosen to purchase. The additional cost of air freight can be assessed using our shipping page air freight surcharge calculator.

8.3International delivery will incur an international delivery fee which will be calculated and added to your order when payment is made for the products you have chosen to purchase. Products delivered internationally will be subject to the same product delivery and insurance terms and conditions (please refer to topic 9) as products delivered domestically.
8.4A credit card surcharge may be applied to the total cost of the landed price of your products, air freight if requested, and domestic (or international) delivery. The surcharge, if any, will vary according to the type of credit card you intend to use. The current credit card surcharge rates (inclusive of GST) are:
(a)American Express: 1.98%.
(b)Diners Club: 1.98%.
(c)Mastercard: Nil.
(d)UnionPay: Nil.
(e)Visa: Nil.
Please refer to our payment page for details regarding your payment options.
8.5The landed price will not be subject to changes in currency exchange rates after the date of purchase.
8.6The landed price will only alter if Australian Government imposts, which include duty, tariffs and taxes, change after your purchase date, but before the products' importation date. This is because we calculate the cost of Australian Government imposts and include them in the purchase price, but do not (and cannot) pay these until the products physically pass through Customs on their arrival in Australia. In the unforeseen circumstance that these imposts vary during the period of consolidation and shipping prior to arrival, we will calculate and pass on the cost difference between the new and old rate/s to you. This arrangement holds true for both an increase and decrease in Australian Government imposts.
8.7Once you have placed an order, you agree to pay an amount equal to the increase in the landed price of your product if the circumstances outlined above apply. If you are unable or refuse to meet this cost, we reserve the right to take ownership of a portion of your order subject to the adjustment, sufficient in value to meet our increased financial liability to Customs. In the event of a decrease in the landed price where the circumstances above apply, we undertake to refund you the amount corresponding to the landed price decrease.

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9Product Delivery and Insurance
9.1All services, supply and delivery of alcohol by us will be consistent with the requirements of the South Australian Code of Practice under Section 42 of the Government of South Australia Liquor Licensing Act 1997.
9.2The domestic delivery fee is calculated and added to your order when payment is made for the products you have chosen to purchase, and can be assessed using our delivery page domestic delivery cost calculator.

We divide Australia into three zones (illustrated on our delivery page) to calculate the delivery fee per 9-litre case, or part thereof:
(a)Capital and major provincial cities except Perth: $16.50.
(b)Regional Eastern Australia and Perth: $33.00.
(c)Outback Australia: $49.50.
9.3Delivery will be subject to the terms and conditions of our chosen courier.
9.4Delivery cannot be to a post office box.
9.5We will not deliver to any address within a restricted area or any other area declared by law to which the delivery or supply of alcohol is restricted (including prohibited).
9.6By accepting these terms and conditions, you acknowledge and warrant that the delivery address provided by you is not located in a restricted area. A restricted area is defined as:
(a)any restricted area as prescribed by the Northern Territory Liquor Act 1978; and
(b)any restricted area under Section 173G of the Queensland Government Liquor Act 1992; and
(c)any dry area as prescribed by the Victorian Government Liquor Control Reform Act 1998.
9.7The landed price includes insurance cover for all products whilst they are being consolidated, shipped and delivered to you in Australia, and whilst we are temporarily storing them for you. Where you opt to store with us long term, our fee also includes insurance cover for all products. It is important for you to be aware that we are not offering insurance, but are instead extending the benefit of our insurance cover to you in respect of such consolidation, shipping, delivery and storage. This insurance provides cover for loss (including theft) and breakage for the purchase price of the products (not the market value or replacement cost). At no time are our customers' products uninsured – we believe that adequate insurance cover is essential to everybody's peace of mind.
9.8The insurance cover provided during domestic delivery does not include heat damage (madeirisation) sustained in transit – accordingly, the seasonal timing of delivery should be given careful consideration.
9.9If your products have been lost, stolen or damaged during delivery, you must notify us of your intent to lodge an insurance claim with us within 24 hours of receipt of your products by you or your agent. If your products are lost, stolen or damaged whilst in storage with us we will notify you within 24 hours of such an event. In both instances, we will facilitate the lodgement of your claim with our insurer. Failure to notify of a claim in the case of loss, theft or damage during delivery within 24 hours of receipt of your products by you or your agent may prejudice your claim with us and our insurer.
9.10All products that are the subject of an insurance claim with us must remain unopened. You will not be entitled to make an insurance claim with us or our insurer, for opened products, for any reason.
9.11We may require you to return all products to us that are the subject of an insurance claim with us. Alternatively, we may request that you make the products available for inspection by our insurer. All returns to us or our insurer will be made at our expense.
9.12You must provide full cooperation and all information and assistance as may be requested by us and our insurer. This may include forwarding photographic, written or other evidence to substantiate your insurance claim. We may also request you to formally report all events relating to your insurance claim to appropriate authorities, at our discretion and that of our insurer.
9.13In the event that your insurance claim with us is successful, we will consult with you to ascertain your preferred method of reimbursement. We will, at our discretion, replace products with identical products for you, or alternatively, provide you with a full refund for the purchase price of the products. We happily resupply affected products where possible; in this case, the price for the replacement products will be the price at the time of replacement and not the original purchase price of the products. Where the relevant price has risen, you may use the insurance claim proceeds as part payment for the replacement products, and where the relevant price has fallen, we will refund you the insurance claim proceeds in excess of the cost of the replacement products.
9.14In the event that your insurance claim is unsuccessful, for whatever reason, we will not be liable for your loss, theft or damage. In this circumstance, we will, however, endeavour to take all reasonable steps to pursue your insurance claim with our insurer in an attempt to achieve a successful outcome on your behalf.
9.15No excess applies to successful insurance claims.
9.16Insurance cover can only be arranged by us, using our insurer.

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10Product Returns, Refunds and Replacements
10.1Without limiting any rights or remedies you may have under the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended), we:
(a)agree to reimburse you for the purchase price of any products delivered to you or your agent that are incorrect, faulty or in a damaged condition only in specific circumstances, as outlined in the following paragraphs; and
(b)require you or your agent to notify us within 24 hours of receipt of any products by you or your agent that a problem exists – any delay may negate any claim you have with us, at our discretion; and
(c)require all problematic products to remain unopened – opened problematic products will negate any claim you have with us; and
(d)require all problematic products to be returned by you or your agent to us within seven days of their receipt by you or your agent, when requested by us and at our expense; and
(e)require your and your agent's full cooperation when you lodge an insurance claim with us and our insurer in relation to any problematic products, for whatever reason – without the full cooperation of you and your agent we may, at our discretion, choose not to refund you for, or replace, any problematic products; and
(f)will consult with you to ascertain your preferred method of reimbursement, and at our discretion, replace problematic products with identical products for you, or alternatively, provide you with a full refund for the purchase price of the problematic products; and
(g)will refund you for the purchase price, or replace, any products procured by us in good faith from our reputable suppliers which are not those that you ordered, whether by maker, product description (wine) or vintage; and
(h)will refund you for the purchase price for bottles of wine where the bottle's label is missing and the wine is not identifiable by the maker's markings present on the bottle itself, the bottle's capsule or its closure (cork); and
(i)will treat missing products (omissions) as accidental loss or theft – thus, we will only refund you for the purchase price, or replace, missing products, deemed to have been lost during domestic delivery to you, to the extent that the purchase price of the missing products is recoverable under our insurance cover; and
(j)will refund you for the purchase price, or replace, any products where significant damage, such as a cracked but unbroken bottle, and breakages have occurred during their shipping or storage; and
(k)will only refund you for the purchase price, or replace, significantly damaged or broken products, where such damage or breakage has occurred during domestic delivery to you, to the extent that the purchase price of the damaged or broken products is recoverable under our insurance cover; and
(l)will refund you for the purchase price, or replace, heat-damaged (madeirised) bottles of wine, as outlined in our wine information page, where this can be demonstrated by you not to have occurred during (non-refrigerated) domestic delivery to you; and
(m)will refund you for the purchase price, or replace, bottles of wine demonstrating a weeping cork and/or excessive ullage for their age, as outlined in our wine information page, where this can be demonstrated by you not to be caused by heat exposure that has occurred during (non-refrigerated) domestic delivery to you.
10.2Without limiting any rights or remedies you may have under the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended), you acknowledge that we are not in a position to refund you for the purchase price, or replace, any products procured by us in good faith from our reputable suppliers which:
(a)solely demonstrate minor manufacturing defects, or external or cosmetic imperfections, all of which you acknowledge you are aware of, and consider a reasonable possibility and expectation in a proportion of all manufactured, shipped, stored and delivered bottles, particularly older bottles reflecting their period of manufacture and longevity, and none of which will affect the inherent quality of the product contained within the bottle in any way, including:
(i)a missing capsule; or
(ii)minor capsule imperfections including superficial damage, soiling due to cellar debris, mould infiltration and staining due to external moisture or wine (from a nearby breakage); or
(iii)soiling due to cellar debris or superficial mould infiltration above the cork, or around the capsule, where present; or
(iv)minor label imperfections, including superficial damage, soiling due to cellar debris, mould infiltration and staining due to external moisture or wine (from a nearby breakage); or
(v)minor bottle imperfections including superficial damage and glass manufacturing defects not significantly affecting the bottle's integrity; or
(b)wines which are faulty in any way, including affliction with brett, cork taint, ladybird taint, or where they are sulphitic, or where winemaking faults inherent to the process of vinification, including random premature oxidation, are apparent at the time of opening the bottle – we are unable to ascertain the presence of such faults which are entirely beyond our control in unopened bottles, and unrelated to the bottle's correct storage and shipping, and which are a reasonable possibility and reasonably expected to be present in a proportion of all wines, regardless of their cost; and in particular, where a wine is bottled under cork, it is a reasonable possibility and reasonably expected that a proportion of such wines will be affected by cork taint.
10.3If you wish to claim the warranty provided above, you must contact us within 24 hours of noticing the error, fault or damage. We will then instruct you as to the appropriate returns, refunds and replacements procedure. Our contact details for the purposes of claiming this warranty are as follows (and may be subject to change, as notified on our website from time to time):
Address:Vincurable Pty Ltd, ACN 139 943 212
283 – 287 Sir Donald Bradman Drive
Brooklyn Park  SA  5032  Australia
Phone:1300 314 400
Phone:+61(0) 8 8238 3210
Email:info@vincurable.com.au
10.4Our goods come with guarantees that cannot be excluded under The Australian Consumer Law. You are entitled to a refund or replacement for a major failure and for 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. The foregoing two sentences do not give you any rights in addition to those under the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended).

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11Product Storage and Insurance
11.1We offer temporary and long term storage in ideal cellaring conditions.
11.2For licensing, logistics and security purposes, and to preserve our optimal cellaring environment, only we have access to our cellars, and collection from our cellars is not permitted.
11.3Temporary storage arrangements are:
(a)complimentary while arranging domestic delivery to you or your agent; and
(b)complimentary for all wine received at our cellars during the warmer months of November to February, scheduled for routine dispatch at the beginning of March; and
(c)inclusive of complimentary insurance cover for loss (including theft) and breakage for the purchase price of the wine (not the market value or replacement cost).
11.4Long term storage fees are:
(a)complimentary for the calendar month during which the wine arrives; and
(b)inclusive of both physical storage and our insurance cover for loss (including theft) and breakage for the purchase price of the wine (not the market value or replacement cost); being
(i)27.5 cents per 750 millilitres per calendar month, or part thereof, thereafter (equivalent to $3.30 per 9-litre case per calendar month); plus
(ii)1.65% of the purchase price of the wine per annum; and
(c)subject to a minimum cost of $16.50 per calendar month (equivalent to five 9-litre cases) plus 1.65% of the purchase price of the wine per annum; and
(d)payable monthly in advance; and
(e)free of handling, retrieval and management costs; and
(f)subject to the condition that part-retrievals are not permitted – when removal is requested by you, wine will only be retrieved and delivered to you or your agent in the same parcel size as was purchased at the time of your original order.
11.5Where we make an insurance claim during storage:
(a)we will notify you within seven days of such an event and lodge a claim with our insurer; and
(b)in the event that our insurance claim is successful, we will consult with you to ascertain your preferred method of reimbursement. We will, at our discretion, replace products with identical products for you, or alternatively, provide you with a full refund for the purchase price of the products. We happily resupply affected products where possible; in this case, the price for the replacement products will be the price at the time of replacement and not the original purchase price of the products. Where the relevant price has risen, you may use the insurance claim proceeds as part payment for the replacement products, and where the relevant price has fallen, we will refund you the insurance claim proceeds in excess of the cost of the replacement products; and
(c)in the event that our insurance claim is unsuccessful, for whatever reason, we will not be liable for your loss, theft or damage. In this circumstance, we will, however, endeavour to take all reasonable steps to pursue our insurance claim with our insurer in an attempt to achieve a successful outcome on your behalf.
11.6Long term storage insurance cover:
(a)has no excess applicable to successful insurance claims; and
(b)can only be arranged by us, using our insurer.

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12Competition and Consumer Act
12.1Except as contemplated in the next paragraph, nothing in these terms and conditions limits any rights you may have under the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended).
12.2If the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.

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13Limitation of Liability
13.1Without limiting the foregoing, we are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with:
(a)these terms and conditions; and
(b)the use of the products you may purchase from us via this website; and
(c)your use of this website; and
(d)without limiting the above, any virus, trojan horse, worm, spyware or other malware that may infect your computer system as a result of you accessing this website.
13.2To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. If the prior paragraph is ineffective or void, without limiting our comment on the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended) above, our liability for loss or damage suffered by you in connection with these terms and conditions is limited in the aggregate to $100.

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14Indemnity
14.1You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website or a product you purchase from us via this website, any information that you provide to us via this website, or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, trade mark infringement, invasion of privacy, defamation and breaches of the Competition and Consumer Act 2010 (Commonwealth Act Number 51 of 1974 as amended).

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15Force Majeure
15.1If a Force Majeure Event causing delay continues for more than 30 days, we may terminate this agreement by giving at least seven days notice to you. We are not liable for any loss or damage suffered by you in connection with the occurrence of a Force Majeure Event.
15.2Force Majeure Event means any act, circumstance or omission outside of our control.

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16Jurisdiction
16.1These terms and conditions are to be governed by the laws of South Australia, and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Australia, and you agree to submit to the jurisdiction of those courts.
16.2If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

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