THE LOUISE WEBSITE TERMS AND CONDITIONS OF USE
By using this website (the “Site”) you agree to be bound by these terms and conditions.
We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted. Your use of some parts or features of the Site may be governed by additional terms and conditions.
Where this is the case notification of those terms and conditions will be provided and those additional terms and conditions:
•will apply to your use of such parts of the Site or features in addition to these terms and conditions; and
•will prevail over these terms and conditions to the extent of any inconsistency.
Intellectual Property Rights
You acknowledge that the Content on the Site is subject to copyright and possibly other intellectual property rights. In these terms and conditions, Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
Unless you are expressly authorised by law, you must not yourself, or participate in or permit any other person to:
•sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, re-post or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
•otherwise infringe the intellectual property rights of any person in using the Site or any Content.
Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless otherwise expressly stated.
You agree that our marketing logos and our corporate logo are our trade marks. You agree that “The Louise” and “Appellation” are our registered trade marks. All rights in these trade marks are reserved by us. Other trade marks appearing on our Site may be the property of their respective third-party owners.
Content of the Site
We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content. You acknowledge that the Content on the Site is liable to change at any time. All prices quoted on the Site are in Australian dollars, unless otherwise indicated. Prices quoted on the Site should be used as a guide only as they may change from time to time.
Your use of the Site
You must not:
•disrupt or interfere with the Site or servers or any software, hardware or equipment connected to or via the Site;
•reproduce any Content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;
•violate any Applicable Law relating to your use of the Site; or
•collect or store personal data about other users of the Site.
In these terms and conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
•any law, rule or regulation of any country (or political sub-division of a country);
•any obligation under any license in any country (or political sub-division of a country); and/or
•any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
Links and Advertisements
We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of the descriptions or information supplied to us.
Your correspondence or dealings with, or participation in promotions of, any advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
Use of the Site is at Your Risk
You use the Site at your risk and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties in accordance with this paragraph but allows limitations of a certain maximum extent, then we limit our warranties to that extent.
Limitation of Liability
To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, is the following, the choice of which is at our sole discretion:
In the case of goods any one or more of the following:
•the replacement of the goods or the supply of equivalent goods;
•the repair of the goods;
•the payment of the cost of replacing the goods or of acquiring equivalent goods; or
•the payment of the cost of having the goods repaired; or
in the case of services:
•the supply of the services again; or
•the payment of the cost of having the services supplied again.
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
This agreement is governed by the laws of South Australia, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of South Australian, Australia.