Hungerford Hill Operations Pty Ltd Website Terms and Conditions
Please read the Terms and Conditions of this website carefully as any use of the website by you constitutes acceptance of the Terms and Conditions set out below.
Throughout this site, the terms “we”, “us”, “our” refer to Hungerford Hill Operations Pty Ltd ABN: 56 469 003 280.
Accuracy, completeness and timeliness of information
We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Hungerford Hill Operations and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Hungerford Hill Operations is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products)any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Hungerford Hill Operation’s use will not violate any third party’s rights. Hungerford Hill Operations is under no obligation to use the information submitted.
Intellectual property rights
All copyright and other intellectual property rights in a text, images and other materials on this website are the property of Hungerford Hill Operations or are included with the permission of the relevant owner. You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
The trademarks, logos, characters and service marks displayed on this website belong to Hungerford Hill Operations. Nothing contained on this website should be construed as granting any licence or right to use any trademark displayed on this website. Your use/misuse of the trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. Hungerford Hill Operations reserves all its rights to enforce its intellectual property rights to the furthest extent of the law.
Links to other websites
Links on the Hungerford Hill Operations website may take you outside the Hungerford Hill Operations network and Hungerford Hill Operations accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and Hungerford Hill Operations cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Hungerford Hill Operations. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of other websites that you visit.
Warranties and Disclaimers
Your use of this website is exclusively at your sole risk.
This website is provided to you on an “As Is” and “As Available” basis and, consequently, to the maximum extent permitted by law, Hungerford Hill Operations gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this website will be uninterrupted or error-free; that this website will be secure; that any advice or opinion obtained from Hungerford Hill Wines through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.
We reserve the right to restrict or terminate your access to this website or any feature of this website or any feature or part thereof at any time.
To the extent permitted by law, Hungerford Hill Operations does not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or fail to take as a result of any electronic mail messages you send us. To the extent permitted by law, Hungerford Hill Operations does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice. Further, Hungerford Hill Operation shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which Hungerford Hill Operations is entitled to do so, its liability will be limited at its option to (a) in the case of services, the lowest of the cost of supplying the services again and having the services supplied; and(b)in the case of goods, the lowest of the cost of replacing the goods, obtaining equivalent goods or having the goods repaired.
You are prohibited from doing any act that Hungerford Hill Operations, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent)or any other of the legal rights of individuals;
Using this website to defame or libel Hungerford Hill Operations, its employees or other individuals or acting in such a way that brings into disrepute the good name of the Lion Hungerford Hill Operations;
Uploading files that contain viruses that may cause damage to the property of Hungerford Hill Operations or the property of other individuals.
You and Hungerford Hill Operations agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
Legal Capacity To Transact
If you are under the age eighteen (18) years you cannot legally purchase alcohol products in Australia or place orders with Hungerford Hill Operations Pty Ltd.
By processing your order and accepting these terms and conditions you acknowledge that you are over the age of eighteen (18) years. Upon delivery you will be required to provide proof of age.
Should Hungerford Hill Operations Pty Ltd suffer any damage or other losses as a result of a transaction entered into by a minor, Hungerford Hill Operations Pty Ltd reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Hungerford Hill Operations Pty Ltd.
Placing Your Order
By placing an order, you make an offer to us to purchase the products you have selected based on these terms and conditions. Hungerford Hill Operations Pty Ltd reserve the right to refuse service, terminate an account, remove or edit content, or cancel an order at their sole discretion. If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
Hungerford Hill Operations Pty Ltd currently accepts American Express, Visa and MasterCard only.
We will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
Hungerford Hill Operations Pty Ltd purchases include GST unless otherwise stated on a product listing.
Hungerford Hill Operations Pty Ltd always seeks to list Hungerford Hill Operations Pty Ltd products with the most competitive prices.
Hungerford Hill Operations Pty Ltd reserves the right to change prices for products displayed within the Online Cellar Door at any time.
Supply Of Your Products
Subject to these terms and conditions, we will supply to you the products indicated on your order confirmation.
Delivery Of Your Products
Delivery time takes up to 21 working days from the date your payment is received. The estimated delivery times are in business days (Monday through Friday) excluding public holidays.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated shipping times may change due to changes in supply or circumstances beyond our control. If your product has not arrived after the estimated delivery time, please call our customer service team at 02 4998 7666.
Unless otherwise agreed by us, we will deliver your products to the address indicated on your order confirmation. If no-one is available to take delivery of your products, our carrier will leave a card with details of where you can pick-up your product. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
We will use every reasonable effort to deliver your products to you within the estimated delivery time, however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all products will pass to you on delivery.
Your Data – Use And Protection
Credit Card Fraud
Hungerford Hill Operations Pty Ltd will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these terms and conditions whether in whole or in part without the prior written consent of Hungerford Hill Operations Pty Ltd. Any unauthorized assignment shall be deemed null and void. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Hungerford Hill Operation Pty Ltd for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Hungerford Hill Operations Pty Ltd, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).
Neither our failure nor your failure to enforce any term or condition constitutes a waiver of such term or condition. Such failure shall in no way affect the right to later enforce such term or condition.
Hungerford Hill Operations Pty Ltd reserves the right to change the terms and conditions of sale at any time.
No Hungerford Hill Operations Pty Ltd employee or agent has the authority to vary any of the terms and conditions governing any sale.
Hungerford Hill Operations Pty Ltd shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of Hungerford Hill Operations Pty Ltd, and Hungerford Hill Operations Pty Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
Game of Chance Competition - Terms & Conditions Schedule
Competition Name: Hungerford Hill Sign Up To Win
Promoter: Hungerford Hill
Entry – residency restriction: None
Entry – age restriction: Minimum age 18 y.o.
First potential commencement date: 08/10/21
Last potential closing date: 21/10/21
Last potential draw date: 28/10/21
Last potential publication date: 28/10/21
Last potential unclaimed prize draw date: 04/11/21
Last potential unclaimed prize publication date: 04/11/21
Competition Period: 14 Days
How to enter: Sign up to the Hungerford Hill newsletter to enter the draw
Are multiple entries permitted? No.
Receipt of entries: If complicit, each sign up constitutes a receipt.
Prize(s) – description: One Spring Racing Mixed Pack
Total number of prizes: 1
Total Prize Pool: A$216.00
Determining the winner(s): The winner will be selected at random, utilising a randomised algorithm.
Notifying the winner(s): Winners will be notified via email.
PART A - INTRODUCTION
- Information on how to enter and Prize details form part of these terms and conditions.
- By participating in the Competition, entrants accept and agree to be bound by these terms and conditions. For the avoidance of doubt, the terms and conditions include the Schedule above.
- Entries must comply with these terms and conditions to be valid.
- Where there is an inconsistency between the Schedule and Parts A to J of these terms and conditions, the schedule will prevail.
PART B - PRIVACY
- The Promoter will collect and use each entrant’s personal information for the purposes of:
- conducting the Competition (which may include disclosure to third parties for the purpose of processing and conducting the Competition) and for promotional purposes, public statements and advertisements in relation to the Competition;
- providing information about the products and services offered by the Promoter and its related companies and its affiliated retailers; and
- research to improve its products and services.
- By entering the Competition, entrants consent to the use of their personal information as described in clause 5.
PART C - WHO CAN ENTER THE COMPETITION
- If the Schedule permits entrants to be under the age of 18 years, such entrants must seek permission from their parent or guardian to enter. If the winner of a Prize is under 18 years of age, the Prize will be awarded to the winner’s parent or legal guardian.
- Directors and employees (and their immediate families) of the Promoter or its related companies or agencies and Participating Retailers are not eligible to enter. Immediate families means spouse, ex-spouse, child, step-child, parent, step-parent, legal guardian, sibling or step-sibling.
PART D – HOW TO ENTER THE COMPETITION
- To enter, each entrant must comply with the ‘How to Enter’ section of the Schedule.
- If the Schedule permits entrants to submit more than one entry, each entry must be unique and submitted separately.
- Entries must not have been published previously or used to win prizes in other competitions.
- An entry cannot be modified after it has been submitted.
- The Promoter reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Competition of all entrants.
- The Promoter reserves the right to disqualify any entrant who provides false information or fails to provide information that is reasonably requested by the Promoter.
- The Promoter reserves the right, in its sole discretion, to refuse to accept entries which are incomplete, indecipherable, offensive, do not comply with these terms and conditions or which contravene any applicable laws or regulations.
- The Promoter reserves the right, in its sole discretion, to disqualify any entrant who has breached any of these terms and conditions, has engaged in unlawful or improper conduct or otherwise acts to cheat or undermine the fairness of the Competition by, for example, tampering with, or using or exploiting errors in, the entry process to obtain a competitive advantage over other entrants.
- The eligibility of entries is solely within the discretion of the Promoter.
- The Promoter accepts no responsibility for late, lost, misdirected or damaged entries or other communications.
PART E - PRIZES
- Each Prize is not transferable, exchangeable or redeemable for cash.
- If a Prize is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute the Prize with a prize of equal or greater monetary value. This right is subject to any applicable legislation, regulations or directions from a regulatory authority.
- Once a Prize has left the Promoter’s premises, the Promoter takes no responsibility for the Prize being damaged, lost or stolen.
- All taxes (excluding GST, if any) which may be payable as a consequence of receiving a Prize are the sole responsibility of each winner.
- A winner's use of the Prize is entirely at their own risk. Before a Prize is awarded, a winner may be required to sign an agreement to release the Promoter from and indemnifying the Promoter against any liability arising from the winner’s acceptance and use of the Prize and the winner’s participation in the Competition.
PART F - HOW THE WINNER(S) ARE DETERMINED
- The Competition is a game of Chance.
- At the time and date specified in the “Determining the winner(s)” section of the Schedule, each valid entry will be entered into a process of random selection.
- The winning entry or entries will be the entry or entries that are selected at a random draw.
- The number of winning entries to be selected will be the same as the total number of Prizes specified in the Schedule
- The promoter’s decision will be final and binding and no correspondence with entrants or any other person will be entered into.
- Each winner will receive a Prize.
PART G - NOTIFICATION AND CLAIMING THE PRIZE(S)
- The Promoter will provide each winner with instructions on how to claim their Prize. It is the responsibility of each winner to comply with the Promoter’s instructions.
- The Promoter reserves the right to request each winner to provide proof of their identity and/or proof that they were responsible for the winning entry.
- Each winner agrees to participate and cooperate, as required, in all publicity activities relating to the Competition, including, without limitation, being interviewed, photographed, filmed and recorded. Each winner authorises the Promoter to use such content for advertising and publicity purposes in any media in perpetuity worldwide.
- It is the responsibility of each entrant to notify the Promoter of any change to their contact details.
PART H - UNCLAIMED PRIZES
- The Promoter will take all reasonable steps to identify and notify each winner in an attempt to ensure that each winner receives their Prize. However, if a winner cannot be identified or does not claim the Prize within the selected dates on which the winners are determined, their Prize is forfeited and will be awarded to the next best entry.
- Each winner of an unclaimed Prize will be determined and notified in accordance with Parts F and G.
PART I – NO LIABILITY
- Any Prize supplied by a third party supplier is subject to the terms and conditions of that third party supplier. Each Prize may come with guarantees that cannot be excluded under the Australian Consumer Law. If those guarantees are not complied with, then you will have rights under the Australian Consumer Law. Subject to those guarantees and rights, the Promoter shall not be liable and excludes all liability (including negligence) for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with the Competition or the use or taking of any Prize except for any liability which cannot be excluded by law including as provided for under the Australian Consumer Law.
- If entry is via Facebook/Instagram or if the Competition is promoted on Facebook, the Competition is in no way sponsored, endorsed, administered by or associated with Facebook and each entrant agrees to grant Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Competition. Entrants acknowledge and agree that:
- any information they provide in connection with the Competition is provided to the Promoter and not to Facebook or any other social network; and
- any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to Facebook or any other social network.
- If entry is via Instagram or if the Competition is promoted on Instagram, the Competition is in no way sponsored, endorsed, administered by or associated with Instagram and each entrant agrees to grant Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Competition. Entrants acknowledge and agree that:
- any information they provide in connection with the Competition is provided to the Promoter and not to Instagram or any other social network; and
- any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to Instagram or any other social network.
PART J - TERMINATION OF COMPETITION
- The Promoter reserves the right to vary the terms of, or cancel, the Competition at any time without liability to any entrant or other person, subject to applicable laws.