Terms of Use
The terms of use (“the Terms”) for the WineTime Australia (“us”, “we”, “WineTime”) mobile application (“the app”) is a legally binding agreement. By downloading and utilising the app you are agreeing to these terms of use. These Terms of Use are between WineTime Australia and the user, and not with Apple. As a result WineTime Australia is responsible for the application and not Apple.
Changes to Terms of Use
We may modify the Terms at any time, with the updates the Terms will be posted to this website. It is important that you continue to review the Terms if they are modified. If significant changes are made to the Terms of Use then you will be notified in the app.
User Obligations
By downloading and using WineTime Australia you must abide by all applicable local, state and national laws. Any information which you submit to the app should be true and an accurate representation. Information provided relating to reviews or tasting notes for wineries should be accurate information. Winery reviews generated by the user should be truthful and accurate, if evidence suggests that this is not the case then WineTime Australia reserves the right to remove the associated false reviews. If false reviews are continually provided by a user then WineTime Australia reserves the right to terminate the user account.
When providing winery reviews and tasting notes you will not post, upload or submit any content which is defamatory, obscene, vulgar or offensive. If a user is found to submit such content then WineTime Australia reserves the right to cancel the user account.
Subscription
WineTime Australia is supported by advertising and subscription revenue. Several subscriptions are available in the app, with these subscriptions unlocking additional app functionality through the “in-app” purchase option. For users subscribing to the ‘WineTime Australia Club’ this subscription will unlock all features in the app including unlimited winery filters, unlimited ShortLists, unlimited ShortListed wineries and access to curate Wine Trails. For ‘Tour Operators’ this subscription will unlock all of the above features and the ability to create your own wine trails which can be shared with other individuals on the app. Subscriptions to the app are processed through the third-party app provider, such as Google Play and Apple App Store. Subscriptions renew on a periodic monthly basis, unless you request a non-renewal through the relevant third-party App Store. You may access the applicable purchase rules and policies relating to ‘in-app’ purchases from these third-party app stores. Cancellations to your subscription should be completed through the third-party app provider, such as Google Play and Apple App Store. If you are having problems cancelling your subscription through the relevant third-party app store then please contact winetimeau@gmail.com.
WineTime Australia reserves the right to change its pricing terms for Subscriptions at any time, and WineTime Australia will notify you in advance of this pricing change. If you as a user are unhappy with the content provided in the subscription fee then please contact winetimeau@gmail.com to discuss this subscription content. If appropriate, and at the discretion of WineTime Australia a refund may be provided.
Feedback
WineTime Australia welcomes feedback related to the app or the content available in the app. To provide feedback please contact winetimeau@gmail.com. In doing so you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or come to light as result of your feedback.
Apple Terms
WineTime Australia, and not Apple, is solely responsible for the app. Apple has not obligation to provide maintenance and support for the app. User’s use of the App must comply with the Usage Rules set forth in the Apple App Store Terms of Use. Apple has no obligation to furnish any maintenance and support services with respect to the Licensed Application.
The license granted to the user to utilise the Winetime Australia application is limited to a non-transferable license to use the app on only Apple-brander products that the end-user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
WineTime Australia is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of WineTime Australia you as the user may notify Apple, and Apple will refund the purchase price for the Licensed Application to you, and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be WineTime Australia’s responsibility.
WineTime Australia is responsible for addressing any claims of you as the user, or any third party relating to WineTime Australia, or your possession and/or use of WineTime Australia, including but not limited to: (i) product liability claims, (ii) any claim that WineTime Australia fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of a third party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, WineTime Australia, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
You as a user must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
You as the user must comply with applicable third party terms of agreement when using the app. Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and that, upon your acceptance of the terms of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against the end-user as a third party beneficiary thereof.
Disclaimer
WineTime Australia and its employees are not liable for any incidental or consequential damages which occur as a result of the usage of WineTime Australia, or as a result of viewing the content found within WineTime Australia. WineTime Australia will take all reasonable steps to maintain accurate information within the app, however due to the external nature of some of the content found within the app WineTime Australia can not commit to having completely accurate information found within the app.
Contact
If you have any questions about this Terms of Use please contact:
Zachary Sweeney
5/42 Shiel Street, North Melbourne, VIC, Australia 3051
+61455536075