Please take a moment to read through our Terms of Use. We appreciate it may not be the most interesting part of the site but its contents are just as important as any other section. Our Terms of Use cover topics such as copyright, user content, security and what you need to know if we run a competition or promotion on this site.
Disclaimer
Privacy Policy
Please read this document carefully as it applies to your use of this web site.
This web site is owned and operated by DrinkWise Australia Ltd.
In these terms and conditions, the terms we, us, our and DrinkWise are a reference to DrinkWise Australia Ltd and its related entities.
Your access to this web site is conditional upon your acceptance and compliance with the terms set out below, our current Privacy Policy and any other terms, conditions, notices and disclaimers posted elsewhere on this web site (collectively, Terms of Use).
By accessing and using this web site, you acknowledge that you have read and fully understand these Terms of Use, accept them as legally binding and waive your rights to make any claim against us inconsistent with them.
We may amend or revise these Terms of Use from time to time. Amendments will take effect on the posting of updated versions of those documents on this web site. If you do not agree with these Terms of Use (including any amendments to them) you must immediately cease using this web site.
Intellectual Property
Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you
may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
- commercialise any information, products or services obtained from any part of this web site;
without our written permission.
We grant you a limited, revocable and non-transferable licence to access, view, use and print this web site and the Content solely for your personal, non-commercial purposes and only for those purposes. Subject to applicable law, we may revoke these rights granted to you at any time and may suspend or deny, in our sole discretion, your access to all or any part of this web site without notice.
This web site may contain content or material uploaded, posted, emailed or otherwise electronically transmitted (Posted) by you, or other users of this web site (User Content). You grant us a perpetual, royalty-free, non-exclusive, irrevocable and worldwide licence to use, copy, modify, adapt, exploit, publish, display, re-distribute, broadcast, transmit, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose (User Content Licence), and waive in favour of us all moral rights and any similar rights in any jurisdiction which you may have or acquire in respect of User Content Posted by you.
User Content
We may access or examine any User Content and at our discretion, move, remove, edit, refuse to Post or disable access to User Content which we consider, in our sole discretion, to breach any law or to be otherwise unacceptable. You acknowledge that we have no responsibility or liability for the deletion or failure to store any content or material Posted by you or any other user on this web site.
If you use this web site, you are solely responsible for any User Content Posted by you.
User Obligations and Acknowledgments
In using this web site or any service offered through it, you:
- agree that you will not violate any applicable laws;
- will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
- agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users;
- agree not to impersonate any other person;
- agree to provide current, accurate and up‑to‑date information about yourself as required under these terms and conditions;
- agree not to post or transmit any unsolicited advertising or promotional materials;
- acknowledge that any User Content Posted by you may be removed by us from the discussion forums without notice at any time and understand that our discussion forums is monitored and moderated by us;
- will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all User Content Posted by you is original work and not sourced from any third party;
- will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- accept that any User Content Posted by you may be Posted in the discussion forums for any other users to read;
- accept that all information provided by us in our discussion forums is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;
- accept that we do not make any representations or warranty that the information we provide in the discussion forums is reliable, accurate or complete or that your access to the discussion forums will be uninterrupted, timely or secure. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the discussion forums;
- accept that we do not accept any liability for the accuracy or content of any material Posted by other users of the discussion forums;
- agree that we do not accept any responsibility or liability for any information or material which you submit to the discussion forums, nor do we accept any responsibility for any use or misuse which you or any other users make of information or material which you submit to the discussion forums;
- agree that we do not warrant that we will respond to questions or comments submitted by you to our discussion forums;
- agree that if you download any material from the discussion forums, you accept that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.
Competitions and Promotions
From time to time we may run or offer competitions or promotions through this web site. Your participation in those competitions and promotions is governed by (in addition to these Terms of Use) the specific terms and conditions relating to each relevant competition or promotion (as the case may be) and subject to your satisfaction of any eligibility criteria described in those terms and conditions.
Registration
You may be required to register with us in order to post comments in relation to Content, to participate in competitions and promotions, post comments in relation to Blogs (see below) or access some of the Content or other features or functionality of this web site. Where you are required to register:
- you must submit accurate, complete and updated registration information;
- you must safeguard any user name and password which we provide to you;
- you authorise us to assume that any person using this web site with your user name and/or password is either you or is authorised to act for you;
- where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password; and
- you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware.
- you may cancel your registration at any time by notifying us (unless the specific terms and conditions of a Competition provide otherwise).
- we may discontinue or cancel your registration in our sole discretion without notice if:
- you do not visit this web site for an extended period of time;
- you breach any of these Terms of Use, any competition or promotions terms and conditions or any applicable law; or
- if we conclude that your conduct impacts on our name or reputation or violates our (or a third party’s) rights.
Links
This web site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this web site are matters that are solely between you and such advertisers.
Privacy policy
In using this web site, you may give us personal information in which you have certain rights. You grant us consent to use your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
Content is personal opinion only
The views expressed in the Content, or which may be reasonably implied in material comprising it (including in streamed audio or audio-visual material), do not necessarily represent the views of DrinkWise. You must evaluate and bear all risks associated with the Content and not rely on it or its accuracy, completeness or usefulness for any purpose, including as a substitute for any form of professional advice.
General Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
We do not warrant that any User Content Posted by you will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the discussion forums.
If we elect in our sole discretion to post your information or material in the discussion forums, we do not warrant that the material or information you submit will be Posted within a certain timeframe.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
Specific Warnings
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the discussion forums facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other users in contravention of the users' obligations as set out in these terms and conditions, or any other content Posted on the web site.
You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you (or by any person using your password or ID, whether or not you have authorised that person to use your password or ID) to comply with these terms and conditions.
You acknowledge that we cannot confirm the identity of other users or prevent them acting under false pretences.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Special Conditions Relating to Blogs
Certain authors (Author) contribute to this web site by writing blogs (Blog). All the contents of each Author’s Blog, except for comments left by users, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of DrinkWise. We make no guarantee regarding the validity of the content of an Author’s Blog.
The Author may not be a medical professional, and you should never substitute information from this Blog for information obtained from a licensed medical professional; always consult your doctor before using any prescription, drugs, supplements, or undergoing any treatments. Even if the Author is a licensed medical professional, his or her opinion is general in nature, for information purposes only and is not to be treated as medical advice directed at any specific individual.
Disagreeing with the content of the Blog does not constitute sufficient ground for you to ask the Author to remove or modify any part of a particular Blog. The Author is not being paid to write content on his or her Blog or to manage and in any way operate his or her Blog. All text, images, logos and trademarks are the property of their respective owners. You are not allowed to reproduce, sell, and modify any part of a Blog.
We are not responsible for the content of any comments made by you or other users. Nor are we responsible for knowing whether the content of comments Posted by users is breaking the law in other countries or jurisdictions. Each Blog is a venue for discussion; therefore, we will not delete critical comments, or comments portraying a different opinion from the Author’s own. However, we reserve the right to edit, delete, or not publish a comment if we deem it to be inappropriate (at our discretion) or potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content).
All comments on a Blog have to be written in English. Please do not endanger yourself or break the law when you comment. Comments intending to advertise and/or off-topic (”SPAM“) will be deleted. We also reserve the right to block users who have previously published offensive comments, illegal content, or SPAM.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Your access to this web site may be terminated at any time by us without notice and at our sole discretion. Our disclaimer will nevertheless survive any such termination.
Governing Law
These terms and conditions are governed by the laws in force in New South Wales and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.