Terms Of Use

Overview

Welcome to Zema Estate. We, Zema Estate Pty Ltd (ACN 062 070 259) (“we”, “us”, or “our”), are a family owned and operated winery located in the heart of Australia's Coonawarra wine region. We use 100% Coonawarra "estate grown" fruit and remain committed to hand pruning and using minimal irrigation to maximise vine health and fruit quality for our products (“Products”).

The website located at www.zema.com.au (“Site”) is owned and operated by us. Please read these terms (“Terms”) and our Privacy Policy (embed link) carefully as they govern your access to and use of the Site.

These Terms may be amended by us at any time, and by continuing to use the Site, you accept the Terms as they apply from time to time.

Access to Site

To access our Site, you must:

Before you purchase our Products, please sign up for a customer account (“Account”). By signing up for an Account, you accept the Terms as amended from time to time.

To use our Site and place order of our Products, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, a valid email address, and password (“Customer Information”).

If your Customer Information changes, you must promptly update your Account to reflect those changes.
As a user of this Site, you agree that:

Use of Site

By accessing the site, you shall:

Intellectual Property

In these Terms, “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, source codes, domain names, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.

We own or are the licensee of all rights, title and interest (including Intellectual Property) in the Site or to the material (including all text information and content, graphics, logos and software) made available to you on the Site (collectively, “Site Content”). Your use and access of the Site do not grant or transfer any rights, title or interest to you in relation to the Site Content.

You may view the Site using a web browser or mobile device, and electronically copy and print in hard copy the Site Content solely for your personal and non-commercial use.

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Site Content or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.

Licenses and User Content

We grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site in accordance with these Terms.

Where applicable, you are solely responsible for any material, content or data that you:

(collectively, “User Content”).

Your User Content must:

You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.

The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to notify us of any inappropriate or illegal content. We reserve the right to remove any User Content for any reason without prior notice.

Third-Party Links

The Site may contain links and other pointers to Internet websites or applications operated by third parties.  We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction in relation to the third-party products and services.

Privacy

We will collect, use and disclose any personal information which you provide to us when accessing the Site in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy (embed link).

Exclusions and Limitation of Liability

8.1 Exclusions

To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms and the use of our Site. This exclusion includes, but is not limited to:

8.2 Limitation of liability

Everything on the Site is provided to users "as is" and "as available". None of our affiliates, directors, officers, employees, agents, contributors and licensors makes any representation or warranty about our Products referred to on the Site. This includes, without limitation, loss or damage which you may suffer as a result of any of the following:

Pursuant to section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), this clause 8.2 applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited at our option to:

Indemnity

You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or any rights of third parties, except to the extent that we directly caused or contributed to the loss, damage, liability, claim or expense.

We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

Termination

We reserve the right to:

If one of the events described in clause 10(a) occurs, then:

No Waiver

No waiver of rights in these Terms, any of our policies, or agreement between us and a Site user shall constitute a subsequent waiver of this or any other right under these Terms.

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent that it will not affect the enforceability or validity of the remaining provisions.

Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of South Australia. You submit to the non-exclusive jurisdiction of the Courts of South Australia and Courts of Appeal from them for determining any dispute concerning these Terms.

Feedback and Contact

Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Products ("Feedback"). You may submit Feedback by contacting us at zemaestate@zema.com.au.

© 2018 ZEMA ESTATE PTY LTD ACN 062 070 259. ALL RIGHTS RESERVED.

Terms last updated 20th December 2018.

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