CONDITIONS OF USE
New Era Vineyards and its affiliates provide their services to you subject to the following conditions. If you visit or shop at www.neweravineyards.com.au you accept these conditions. Please read them carefully.
New Era Vineyards. A.B.N. 19 081 021 267. New Era Vineyards Producer Licence Number (SA) 50807062.
ELECTRONIC COMMUNICATIONS
When you visit New Era Vineyards or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of New Era Vineyards or its content suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
New Era Vineyards grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of New Era Vineyards. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written consent of New Era Vineyards. You may not frame utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of New Era Vineyards without written consent. You may not use any meta tags or any other “hidden text” utilizing New Era Vineyards name or trademarks without the written consent of New Era Vineyards. Any unauthorised use terminates the permission or license granted by New Era Vineyards. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of New Era Vineyards, as long as the link does not portray RD & MA Baxter Pty Ltd or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of New Era Vineyards logo or other proprietary graphic or trademark as part of the link without express written permission.
CUSTOMER ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Anyone under the age of 18 years old cannot hold an account with New Era Vineyards. New Era Vineyards and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
New Era Vineyards respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from New Era Vineyards are shipped at their own risk unless insurance has been applied to your order .This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
New Era Vineyards attempt to be as accurate as possible. However, New Era Vineyards does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by New Era Vineyards itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided to you by New Era Vineyards on an “AS IS” and “AS AVAILABLE” basis. New Era Vineyards MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, New Era Vineyards DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. New Era Vineyards DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM New Era Vineyards ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. New Era Vineyards WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting New Era Vineyards, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and New Era Vineyards.
DISPUTES
Any dispute relating in any way to your visit to New Era Vineyards or to products you purchase through New Era Vineyards shall be submitted to confidential arbitration in South Australia, Australia, except that, to the extent you have in any manner violated or threatened to violate New Era Vineyards intellectual property rights, New Era Vineyards may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to New Era Vineyards. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.