Legals

Merchant Terms Of Use | Consumer Terms Of Use | Privacy Policy

WithWine Terms Of Use – Merchant

1. About these Terms of Use

Welcome! We are WithWine. We love our Platform and we hope you do too.

These are our Terms of Use. They form a contract between you and us, so please read them carefully before you access or use our Platform.

To help you navigate these Terms, we’ve included some TL;DR comments (like this one) – but make sure you read the Terms in full so you don’t miss anything.

a. WithWine Ltd (ABN 91 168 444 540) (‘WithWine’, ‘we’, ‘us’, or ‘our’) provides the internet-based platform known as ‘WithWine’, together with its functionalities, features, websites, APIs and related software (Platform). You can contact us at hello@withwine.com. 

b. These Terms of Use (Terms) set out the terms by which a wine vendor, retailer or merchant (Merchant) is permitted to access and use our Platform and services. Any reference to ‘you’ or ‘your’ is a reference to a Merchant.  

c. By accessing and using the Platform, you agree to be bound by these Terms, which form a contract between you and us. If you don’t agree to these Terms, you’re not permitted to access or use the Platform. 

d. We may update these Terms from time to time (things change!) by publishing an updated version on the Platform or by providing written notice to you. The updated version will apply to your access and use of the Platform from the date of publication or our written notice. 

e.For completeness, there’s another important document you should know about: the WithWine Privacy Policy, which is incorporated into and forms part of these Terms. Please see our Privacy Policy here.

2. About you

Please ensure you are who we think you are…a merchant (or an authorised rep of one) and not a consumer, and that you give us valid info.

a. These Terms apply to Merchants. If you are a customer or potential customer of wineries (Consumer), the Consumer Terms of Use will apply to you. Please see our Consumer Terms of Use here.  

b. You warrant that you are the authorised representative of, and have the authority to bind to these Terms, any business or company that you register an account on behalf of. 

c. You are responsible for: 

correctly setting up your account; and 
the accuracy and reliability of all information, content, data or communications that you (or any third party authorised by you) submit via the Platform.

3. Access and intellectual property

We’re really proud of our Platform and brand, and we need to protect our rights to them.  

When you sign up to use the Platform, we’ll let you use it (as long as you follow the rules), but you won’t own it or be allowed to copy it.  

You also need to licence some things to us, such as your data and content, trademarks, and feedback or information about our Platform.

a. If you successfully register an account with us, we will grant you a non-exclusive, non-assignable and non-transferable licence to access and use the Platform for the particular features and functionalities we have agreed to provide you with.

b. This licence is conditional on you complying with:

these Terms, and the terms of any other written agreement or separate arrangement we have with you; and

any other reasonable requests made by us, in relation to your use of, and access to, the Platform.

d. Nothing in these Terms or within the Platform will be taken as granting you ownership of the Material or any proprietary right to the copyright, trademarks, patents or other intellectual property rights of WithWine, its related bodies corporate or any third party. You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:

as expressly authorised either on the Platform or in these Terms; or

with prior written authorisation from writing WithWine.

e. For the avoidance of doubt, the words ‘WithWine’ and all product and service names, design marks and slogans are our trademarks or service marks. You may not use any trademark or service mark appearing on the Platform without the prior written consent of WithWine or the owner of the trademark.

f. If you are invited to post content on the Platform, WithWine reserves the right (but assumes no obligation) to remove or amend any such content. WithWine reserves the right not to accept unsolicited content or other material.

g. You grant us a non-transferrable, non-exclusive and royalty free licence to:

store and generally use, copy or modify any content, data or Material provided by you to us for the purpose of providing our services;
use any feedback or information you provide to us for the purposes of changing, enhancing or improving our Platform (with any such changes, enhancements or improvements to be owned by us); and

use your provided images or other branding information or media (in any form) for the purpose of marketing the Platform and our business.

h. You represent and warrant that you have all the necessary rights, consents and permissions to grant us the licences referred to in clause 3(g) above, and that our use of this content will not infringe the rights of any third party or breach any applicable law.

4. Selling wine

Our Platform is a great tool for Merchants to sell wine to Consumers.

In order to use our Platform as a Merchant, you must hold all appropriate licenses to sell, supply and ship alcohol. You will also have certain responsibilities and obligations.

a. If you use the Platform to offer and sell wine to Consumers, you must:

have the necessary licence and approvals from your relevant governing body to sell, supply and ship alcohol to Consumer users of the Platform and that these licences and approvals are current;

ensure that your use of the Platform is in no way outside the limitations of your licence or approvals;
ensure that all alcoholic beverages can only be sold or supplied to persons of legal drinking age in the territory in which you are selling from or to, and comply with any other legal requirements as to the sale of alcohol. WithWine will not under any circumstances be liable or responsible for your failure to comply with such requirements; and

otherwise ensure that your use of the Platform will adhere to the requirements and obligations of your licence and approvals and agree that WithWine will not under any circumstances be liable or responsible for your failure to meet these requirements and obligations.

b. In relation to any purchases of your products via the Platform, you are solely responsible for:

issuing tax invoices to Consumers, whether or not this is issued via the Platform;

complying with any legal and regulatory requirements that apply to your sale of products, including those relating to tax invoices, receipts and other documentation to be provided to Consumers. WithWine will not under any circumstances be liable or responsible for your failure to meet such requirements;

communicating directly with Consumers should they have any questions or issues;

complying with any applicable consumer protection laws; and

managing all returns and refunds.

c. You must ensure that:

any products listed for sale on the Platform are in stock. If any products are no longer in stock, you must immediately mark those products as not available for sale. Likewise, if you’re doing a “club run” where Consumers can choose what goes into their pack, it is your responsibility to ensure you have sufficient stock to cover any combination of Consumer selections;

products purchased via the Platform are dispatched to Consumers in a reasonable timeframe. We may contact you if we realise that this is not the case or if you have not complied with representations made to Consumers about shipping timeframes;

your own terms and policies (including shipping, returns and privacy policies) are clearly outlined and up to date;

order and shipping statuses are correct and up to date;

all product images and descriptions are reliable, of a suitable quality, accurate and up to date. If we, in our sole discretion, consider any product image to be incorrect or of an unsuitable quality, we may delete or replace such product image with a placeholder until you are able to provide an image meeting our requirements. We further reserve the right to amend any product descriptions to correct inaccuracies or typographic errors;

all company, billing and payment details are correct and up to date; and

you own and are permitted to sell the products listed by you on the Platform.

5. Acceptable use

Have we mentioned that our Platform is important to us?

Here’s some things you must do, as well as some that you mustn’t.

Don’t do any of the things described in (b) – it would make us really sad, and also get you into legal trouble (and nobody’s got time for that!)

a. You must:

only use the Platform for its intended purpose (to manage your relationship with Consumers and facilitate sales of wine or other approved products);

comply with our reasonable directions and restrictions regarding access to and use of the Platform, including any instructions to remove products, information or data; and

immediately cease any use of the Platform that, in our opinion, does not constitute acceptable use and has been detailed in a notice from us to you.

b. You must not do any of the following in relation to the Platform or your dealings with us:

post or transmit any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy. WithWine reserves the right to moderate (review, approve or remove) any Content at any time and in its sole discretion;

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

permit any unauthorised person to access or use the Platform, or share your account details with any third parties;

post or transmit any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;

post or transmit any Content that contains a virus, malicious code or corrupted data;

use any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Platform;

decipher decompile, disassemble or reverse engineer any of the software that makes up the Platform or the Materials, attempt to do the same or otherwise attempt to create derivative works from the Platform;

not infringe on any person’s rights, including intellectual property and proprietary rights, confidentiality or contractual rights; or

breach any laws, regulations or codes of conduct, or engage in any conduct that encourages or assists in the commission of any illegal act.

6. Accounts, fees and payments

Here’s the kicker – you have to pay us to use our Platform and transaction functionalities. Read more about that in this section.

Also, you are fully responsible for any refunds, chargebacks and transaction disputes (those things aren’t in our job description), and for ensuring you give us proper account information for proceeds of sale.

Subscription Fees

a. You must pay the monthly subscription fee for use of the Platform as per your subscription plan or in accordance with the payment schedule and requirements set out in any written quotation we have provided to you and you have accepted (Quotation) (Subscription Fee).

b. Unless an alternative arrangement has been agreed with WithWine, Subscription Fees must be paid on a monthly basis, in advance via direct debit. Late payments may incur additional fees.

Transaction Fees

c. In relation to payments we process on your behalf on the Platform, we will withhold an agreed percentage of the total dollar amount processed to cover our payment gateway costs (including the cost of the wine you sell and any shipping fees you list) (Transaction Fees).

d. The Transaction Fees are payable to us, as withheld.

e. In the event of refunding an order for which we processed the payment, the Transaction Fee may not be refunded to you as our payment gateway may not refund it to us. Transaction Fees also apply to balances paid for with credit.

Commission Fees and Administrative Fees

f. Further fees payable to us in relation to sales via the WithWine App (Commission Fees) and details relating to other administrative fees are as set out in your Quotation or subscription plan, and must be paid to us in accordance with the payment schedule and requirements contained in that Quotation or subscription plan (as the case may be). In the event there is no Quotation or subscription plan, we may charge Commission Fees on orders received via the WithWine App up to 20% (plus payment processing fees and applicable taxes).

Chargebacks and disputes

g. You are liable for the maximum period permitted by your Consumers’ financial institutions, for any credit card chargebacks initiated by your Consumers relating to orders you have fulfilled in the past of any value. You understand that we will invoice you for any debts incurred as a result of chargebacks initiated by your Consumers including the total of the chargeback and an administration fee.

Your accounts

h. We are not responsible for the verification of the Merchant bank accounts into which the proceeds from sales that occur on the Platform are paid into by your Consumers. We do not hold any liability if a user of the Platform enters the banking details of an account that is not the account owned by the billing entity.

Credit card data

i. We do not store your Consumers’ credit card data. All credit card data is stored by our nominated payment services provider, Stripe, whose Terms and Conditions can be found (and must be agreed to in order to accept payments using the Platform) in the ‘Company’ tab within your administration dashboard.

Payouts/Disbursements of proceeds of sale

j. We use a third party provider, Stripe, to process all payments. When you accept a purchase on the Platform, the proceeds of sale will typically be deposited by Stripe into your nominated bank account within 2 business days (e.g. a payment occurring on Monday will typically be deposited into your account on Wednesday), however you agree that delays or disputes can occur from time to time which may impact this timeframe.

k. WithWine reserves the right to pause the payment of any proceeds of your sales via the Platform in the following circumstances:

if you are in breach of these Terms or any applicable laws; or
to otherwise set-off any such proceeds of sale against any overdue payments you owe to us.

7. Third party links and information

We are not responsible for any information contained within links to third party websites or platforms. These links are not owned or operated by WithWine, we only provide them for your reference and convenience.

a. The Platform may contain links or other connections to websites operated by parties other than WithWine (Third Party Links).

b. We are not responsible or liable (in any way) for any information contained within any Third Party Links, which are provided for convenience only.

c. Our inclusion of Third Party Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators.

d. Websites accessed via Third Party Links may contain advertisements by other entities. These advertisements are not recommendations or endorsements by WithWine and WithWine is not responsible for the products and/or services being advertised.

8. Security and Data

Use of the Internet is not without risk. While we take the security of the Platform and privacy of our users very seriously, some risks (like hacking) can be outside of our control.

Keep your login details safe and report any security issues or concerns to us ASAP.
You are responsible for maintaining your own Consumer records and retaining them as needed.

We each own and control certain information and data. In order for the Platform to work as it should (and for you to gain the maximum benefit from using it), we need to grant each other permission to use that data.

Security

a. We take the security of the Platform very seriously.

b. We use what we believe to be reasonable security measures to prevent unauthorised use of, or access to information. However, the Internet is not a completely secure environment – you should be aware that information sent by you through the Internet can be accessed, tampered or used in an unauthorised manner by third parties. If you provide us with information via the Internet (including through the Platform), you accept this risk.

c. You agree that you:

will not do anything to prejudice the security or privacy of the Platform or the information on the Platform;
are solely responsible for the security of your login details for accessing the Platform; and
will notify us immediately if you become aware of any unauthorised access to the Platform.

d. We will perform backups at such times and intervals as are reasonable for our business purposes. We do not warrant that we are able to backup or recover specific content or information from any period of time. You must ensure that records relating to your customers are stored on your own systems and retained in accordance with applicable laws.

Data

e. In this section:

WithWine Data means all information or data captured, stored, generated or transmitted via the Platform, but excludes any Merchant Data; and
Merchant Data means all information or data provided by the Merchant to WithWine via or in connection with the Platform.

f. We own and control all WithWine Data, and you own and control all Merchant Data.

g. We grant you a licence to access, use and copy any WithWine Data that is provided or made available to you under or in connection with the Platform, solely for your internal business or compliance purposes (or other agreed purposes). This licence expires when your permitted access to the Platform ends or is ended.

h. You grant us a licence to access, use and copy any Merchant Data, solely for the purposes of providing and improving the Platform, managing interactions with and the experiences of, Consumers, and for our other business or compliance purposes.

i. Nothing in this section 8 requires either party to perform any act or provide any access that is inconsistent with any consent, instruction or direction of the relevant Consumer or individual, or that is not permitted by applicable privacy laws.

9. Privacy & confidentiality

This section is very important because it explains what we both need to do when collecting, handling and sharing personal information.

And look we don’t want to be repetitive, but you should also check out our Privacy Policy here.

a. In order to provide you with access to and the functionality of the Platform and provide our services, we may need to collect and use certain personal information.

b. We collect, use and handle any personal information you share with us in accordance with:

our Privacy Policy; and

applicable privacy laws, including the Australian Privacy Act 1988 (Cth).

c. You must ensure that any personal information you create or have access to as a result of your use of the Platform is collected, handled and retained by you in accordance with applicable privacy laws in relevant jurisdictions.

d. To the extent required by applicable privacy laws, you must only share with or disclose personal information to us via the Platform or otherwise if you have first obtained the consent of relevant individuals to do so, and provided any applicable notices to those individuals on our behalf.

e. You must only use or disclose personal information that is collected by us and shared with you for the primary purpose for which that information was collected (being to enable the functionality of the Platform, facilitate sales, or support the operation of our business generally (including responding to enquiries).

f. Both you and we must provide reasonable assistance to each other in relation to any privacy related complaints or regulatory enquiries and where applicable, notify the other party in circumstances where there are actual or suspected eligible data breaches (as defined in the Privacy Act 1988 (Cth)) with respect to personal information shared between the parties.

g. You agree that we may use your personal information to provide you with marketing, promotional and advertising materials and other communications regarding offerings which we consider may be of interest to you.

10. Risk allocation

So…. stuff happens. We think our platform is awesome, but nothing is perfect. This section ensures that we will not be responsible for things outside of our control or if something goes wrong.

They’re called bugs, every piece of software ever written in the history of software has them, they’re a pain in the arse, but we do our best to keep them to a minimum. You understand that no software is 100% perfect and that in some instances you may encounter bugs and downtime – you will not hold us liable for this;

As a Merchant you are responsible for the sale of your products via the Platform, performing your obligations and any information you provide or promises you make.

If you breach these Terms, you’ll be responsible for any damage this may cause to us (including any financial issues!).

a. You are solely responsible for determining that the Platform meets the needs of your business and is suitable for the purposes for which it is, or is intended to be, used by you.

b. To the extent permitted by law, you acknowledge and agree that the use of the Platform is at your own risk.

c. You are solely liable for:

the sale of any of your products via the Platform, including performance of your obligations set out in section 4;

your compliance with all applicable laws (including in relation to the promotion or supply of goods that occurs via the Platform); and

any representations or information you make or provide (or permit to be made or provided) to us, Consumers, and any other third parties,

and indemnify us in relation to any claims or loss that arises in connection with same.

d. Under no circumstances will WithWine be liable for:

any illness, injury, or death resulting from use of the Platform; or
any other any direct or indirect, incidental or consequential damages, loss/corruption of data, or any similar sort of loss resulting from your access to, use of, or inability to use the Platform or any Content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not we knew (or should have known) of the possibility of such a loss.

e. You agree to indemnify us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or anticipated savings) that we may suffer or incur as a result of any breach by you of these Terms.

f. WithWine makes no representation or warranty:

as to the availability of any product, good, service, process or technology described on the Platform;
that the functions contained in the Platform or your access to the Platform will be error-free;
that any defects on the Platform or the Materials will be corrected within a particular timeframe;
that any information, apparatus, product, software or process used or disclosed on the Platform or any Material accessible from the Platform will be accurate, up to date, complete or useful;
that the Platform or the server which stores and transmits the Material to you are free from viruses or any other harmful components; or
that the Material or Platform is appropriate or available to be used in locations outside of Australia. Those who chose to access the Platform from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.

g. These Terms do not relate to your use of any product, service, process or technology described on the Platform and you are referred to the individual product warranty relevant to that particular product, service, process or technology.

11. Suspension or Termination

It would be horrible if it came to this, but if we think you haven’t followed these Terms, we may choose to part ways with you,
If you would like to stop using the using the Platform you may export the customer data for those persons who have authorised you to access it, we can also help to facilitate the migration of customer credit card data…for a fee.

a. If you fail to comply with these Terms or the terms of any other written agreement with us, or we reasonably suspect that you are not using the Platform for its intended purpose or in accordance with these Terms, we may revoke or suspend your access to the Platform, or cancel or terminate your account.

b. If your account is cancelled or we otherwise permanently end your access to the Platform, any data or information we collect about you may be permanently deleted or de-identified.
Termination or expiration of your right to access or use the Platform will not affect any accrued rights, indemnities or any other provisions of these Terms that are intended by their nature to survive termination or expiration.

c. If your agreement to access the Platform terminates or expires, you may export and retain the customer data for those persons who have authorised you to access it. This includes the names, contact details, shipping addresses and order history of customers and club members; and the names and contact details of current followers/mailing list subscribers. However, you will not be able to export:

customer credit card data that is held by Stripe. While we can try to facilitate its migration from Stripe, this can take up considerable time and resources so we may need to invoice you for this work. All policies relating to your customers’ credit card data are contained within Stripe’s Terms and Conditions which can be found [here]; or
customer ‘Try and Like’ preference data or customer tasting notes.

12. General

This section has a few final general ‘housekeeping’ items for you to be aware of.

Just because they’re at the end, don’t think they’re not important!

a. Jurisdiction: These Terms are governed by the laws of NSW, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of NSW.

b. Severability: If any part of these Terms is invalid, unenforceable or illegal, the remaining Terms will continue to apply.

c. Assignment: You must not assign or novate these Terms (or deal with a benefit or a right under them, in any other way) without our prior written consent, which may be withheld at our absolute discretion. We may novate or assign our rights and obligations under these Terms at any time and without notice to you.

d. Force majeure: Neither party will be liable by reason of any failure or delay in the performance of its obligations due to events which are beyond the reasonable control of that party (including a failure by a third party provider, pandemic, strikes, shortages, riots, war, terrorism, government action, fires or natural disasters such as floods, earthquakes or hurricanes).

WithWine Terms Of Use – Consumer

1. About these Terms of Use

Welcome! We are WithWine. We love our Platform and we hope you do too.
These are our Terms of Use. They form a contract between you and us, so please read them carefully before you access or use our Platform and products. To help you navigate these Terms, we’ve included some TL;DR comments (like this one) – but please make sure you read the Terms in full so you don’t miss anything.

a. WithWine Ltd (ABN 91 168 444 540) (‘WithWine’, ‘we’, ‘us’, or ‘our’) provides the internet-based platform known as ‘WithWine’, together with its functionalities, features, websites, APIs and related software (Platform). You can contact us at hello@withwine.com.

b. These Terms of Use (Terms) set out the terms by which a customer or potential customer of certain merchants (Consumer) is permitted to access and use our Platform and services. Any reference to ‘you’ or ‘your’ is a reference to a Consumer.

c. By accessing and using the Platform, you agree to be bound by these Terms, which form a contract between you and us. If you don’t agree to these Terms, you’re not permitted to access or use the Platform.

d. We may update these Terms from time to time (things change!) by publishing an updated version on the Platform or by providing written notice to you. The updated version will apply to your access and use of the Platform from the date of publication or our written notice.

e. For completeness, there’s another important document you should know about: the WithWine Privacy Policy, which is incorporated into and forms part of these Terms. Please see our Privacy Policy here.

2. About you

Please ensure you are who we think you are…a consumer (and not a merchant or retailer), that you give us valid info, and meet your responsibilities.

a. These Terms apply to Consumers. If you are a wine vendor, retailer or merchant (or a representative of one) (Merchant), the Merchant Terms of Use will apply to you. Please see our Merchant Terms of Use here.

b. You warrant that you are authorised to be bound by these Terms, including in circumstances where you act for any business or company that you register an account on behalf of.

c. You are responsible for:

correctly setting up your account; and

the accuracy and reliability of all information, content, data or communications that you (or any third party authorised by you) submit via the Platform.

d. As a Consumer, it is your responsibility to ensure that you:

when purchasing wine or other products, understand you are entering into an agreement to purchase that product from the Merchant and not from WithWine;
have read and accept any shipping, returns and refunds policies provided by the Merchant (and any other policies or terms outlined by the Merchant) before purchasing a product from them. The Merchant may make such terms available to you via a receipt issued through the Platform, but WithWine is not responsible for providing this to you and you should contact the Merchant directly with any queries or concerns;
communicate with the Merchant directly in relation to shipping, returns, refunds or any other product or order enquiries. WithWine is not responsible for the completion of any purchases or delivery, and accepts no liability for same (for example, for circumstances such as if a Merchant cancels an order, fails to ship an order, does not ship an order within a reasonable timeframe; or ships an order that is incorrect, damaged or incomplete);
engage with the Merchant before purchase if you have any questions or concerns about the relevant product or Merchant validity. WithWine is not responsible for the provision of any form of compensation if a buyer purchases an illegitimate product or a product from an illegitimate Merchant that is not authorised to sell that product; and
supply correct and up to date delivery information to the Merchant.

3. Access and intellectual property

We’re really proud of our Platform and brand.

When you register an account, we’ll let you use our Platform (as long as you follow the rules), but you won’t own it or be allowed to copy it.

You also need to licence some things to us, such as your data and content, and feedback or information about our Platform.

a. If you successfully register an account with us or access or use the Platform as a guest, we will grant you a non-exclusive, non-assignable and non-transferable licence to access and use the Platform for the particular features and functionalities we have agreed to provide you with or have otherwise made available.

b. This licence is conditional on you complying with:

these Terms, and the terms of any other written agreement or separate arrangement we have with you; and

any other reasonable requests made by us, in relation to your use of, and access to, the Platform.

c. All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Platform or our website (Material) is owned exclusively by WithWine, its related bodies corporate or others who have licensed their material to us such as Merchants (unless expressly indicated otherwise).

d. Nothing in these Terms or within the Platform will be taken as granting you ownership of the Material or any proprietary right to the copyright, trademarks, patents or other intellectual property rights of WithWine, its related bodies corporate or any third party. You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:

as expressly authorised either on the Platform or in these Terms; or
with prior written authorisation from writing WithWine.

store and generally use, copy or modify any content, data or Material provided by you to us for the purpose of providing our services;
use any feedback or information you provide to us for the purposes of changing, enhancing or improving our Platform (with any such changes, enhancements or improvements to be owned by us); and
use your provided images or other media (in any form) for the purpose of marketing the Platform and our business.

4. Responsible service of alcohol

Sorry, kids! You have to be of legal drinking age in your country of residence to register an account with us or purchase alcohol.

a. Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years or over.

b. By purchasing wine or registering a WithWine account you are confirming to us that you are at least 18 years of age. If you reside outside of Australia you must be of legal drinking age in your country of residence and comply with any applicable laws relating to the purchase and/or consumption of alcohol.

c. WithWine encourages the responsible consumption of alcohol and also recommends that alcohol only be enjoyed in moderation.

5. Payments to Merchants

We don’t supply the wine, we just connect you to the wine heroes who do, and we provide the payment gateway (via Stripe).

If there are any issues with your payment, you need to deal with the merchant or retailer directly.

We are not responsible for payments you make to the Merchant. It is your responsibility to communicate with the Merchant if you have any queries relating to purchases.

When you make a purchase from a Merchant, we do not see, touch, transmit or store your credit card data. All credit card data is stored by our nominated payment services provider, Stripe, whose Terms and Conditions and Privacy Policy can be found [here].

6. Acceptable Use

Have we mentioned that our Platform is important to us?

Here’s some things you must do, as well as some that you mustn’t.

Don’t do any of the things described in (b) – it would make us really sad, and also get you into legal trouble (and nobody’s got time for that!)

a. You must:

only use the Platform for its intended purpose (to peruse, interact with, and purchase wine or other products from Merchants via the Platform (or store your preferences);

comply with our reasonable directions and restrictions regarding access to and use of the Platform, for including any instructions to remove information or data; and

immediately cease any use of the Platform that, in our opinion, does not constitute acceptable use and has been detailed in a notice from us to you.

b. You must not do any of the following in relation to the Platform or your dealings with us:

post or transmit any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy. WithWine reserves the right to moderate (review, approve or remove) any Content without consultation with or approval by the poster or responsible individual;

impersonate any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;

permit any unauthorised person to access or use the Platform, or share your account details with any third parties;

post or transmit any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;

post or transmit any Content that contains a virus, malicious code or corrupted data;

use any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Platform;

decipher, decompile, disassemble or reverse engineer any of the software that makes up the Platform or the Materials, attempt to do the same or otherwise attempt to create derivative works from the Platform;

not infringe on any manner in person’s rights, including intellectual property and proprietary rights, confidentiality or contractual rights; or

breach any laws or regulations, or engage in any conduct that encourages or assists in the commission of any illegal act.

7. Third party links and information

a. The Platform may contain links or other connections to websites operated by parties other than WithWine (Third Party Links).

b. We are not responsible or liable (in any way) for any information contained within any Third Party Links, which are provided for convenience only.

c. Our inclusion of Third Party Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators.

d. Websites accessed via Third Party Links may contain advertisements by other entities. These advertisements are not recommendations or endorsements by WithWine and WithWine is not responsible for the products and/or services being advertised.

8. Security

Use of the Internet is not without risk. While we take the security of the Platform and privacy of our users very seriously, some risks (like hacking) can be outside of our control.

Keep your login details safe and report any security issues or concerns to us ASAP.

a. We take the security of the Platform very seriously.

b. We use what we believe to be reasonable security measures to prevent unauthorised use of, or access to information. However, the Internet is not a completely secure environment – you should be aware that information sent by you through the Internet can be accessed, tampered or used in an unauthorised manner by third parties. If you provide us with information via the Internet (including through the Platform), you accept this risk.

c. We will perform backups at such times and intervals as are reasonable for our business purposes. We do not warrant that we are able to backup or recover specific content or information from any period of time, and you should store any information you might need locally.

d. You agree that you:

will not do anything to prejudice the security or privacy of the Platform or the information on the Platform;

are solely responsible for the security of your login details for accessing the Platform; and

will notify us immediately if you become aware of any unauthorised access to the Platform.

9. Privacy & confidentiality

a. In order to provide you with access to and the functionality of the Platform and provide our services, we may need to collect and use certain personal information.

b. We collect, use and handle any personal information you share with us in accordance with:

our Privacy Policy; and

applicable privacy laws, including the Australian Privacy Act 1988 (Cth).

c. You agree that we may use your personal information to provide you with marketing, promotional and advertising materials and other communications regarding offerings which we consider may be of interest to you, including marketing via social media.

d. You must not share any personal information about another person with us, unless you have obtained their consent to do so.

10. Risk allocation

So…stuff happens. We think our platform is awesome, but nothing is perfect.

This section ensures that we will not be responsible for things outside of our control or if something goes wrong.

If you breach these Terms, you’ll be responsible for any damage this may cause to us (including any financial issues!).

a. You are solely responsible for determining that the Platform meets your needs and is suitable for the purposes for which it is, or is intended to be, used by you.

b. To the extent permitted by law, you acknowledge and agree that the use of the Platform is at your own risk.

c. Under no circumstances will WithWine be liable for:

any illness, injury, or death resulting from use of the Platform; or

any other any direct or indirect, incidental or consequential damages, loss/corruption of data, or any similar sort of loss resulting from your access to, use of, or inability to use the Platform or any Content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not we knew (or should have known) of the possibility of such a loss.

d. You agree to indemnify us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or anticipated savings) that we may suffer or incur as a result of any breach by you of these Terms.

e. WithWine makes no representation or warranty:

as to the availability of any product, good, service, process or technology described on the Platform;

that the functions contained in the Platform or your access to the Platform will be error-free;
that any defects on the Platform or the Materials will be corrected;

that any information, apparatus, product, software or process used or disclosed on the Platform or any Material accessible from the Platform will be accurate, up to date, complete or useful;

that the Platform or the server which stores and transmits the Material to you are free from viruses or any other harmful components; or

that the Material or Platform is appropriate or available to be used in locations outside of Australia. Those who chose to access the Platform from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.

f. These Terms do not relate to your purchase, use or consumption of any product, service, process or technology described on the Platform and you are referred to the specific Merchant and individual product warranty relevant to that particular product, service, process or technology.

11. Suspension or Termination

It would be horrible if it came to this, but if we think you haven’t followed these Terms, we may choose to part ways with you (whether you like it or not).

a. If you fail to comply with these Terms or the terms of any other written agreement with us, or we reasonably suspect that you are not using the Platform for its intended purpose or acting in accordance with these Terms or any other written agreement with us, we may revoke or suspend your access to the Platform, or cancel or terminate your account.

b. If your account is cancelled or we otherwise permanently end your access to the Platform, any data or information we collect about you may be permanently deleted or de-identified.

c. Termination or expiration of your right to access or use the Platform will not affect any accrued rights, indemnities or any other provisions of these Terms that are intended by their nature to survive termination or expiration.

12. General

This section has a few final general ‘housekeeping’ items for you to be aware of.

Just because they’re at the end, don’t think they’re not important!

a. Jurisdiction: These Terms are governed by the laws of NSW, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of NSW.

b. Severability: If any part of these Terms is invalid, unenforceable or illegal, the remaining Terms will continue to apply.

c. Assignment: You must not assign or novate these Terms (or deal with a benefit or a right under them, in any other way) without our prior written consent, which may be withheld at our absolute discretion. We may novate or assign our rights and obligations under these Terms at any time and without notice to you.

d. Force majeure: Neither party will be liable by reason of any failure or delay in the performance of its obligations due to events which are beyond the reasonable control of that party (including a failure by a third party provider, pandemic, strikes, shortages, riots, war, terrorism, government action, fires or natural disasters such as floods, earthquakes or hurricanes).

Privacy Policy

Last Updated: 20 July 2022

About this privacy policy

WithWine Ltd (ABN 91 168 444 540) (‘WithWine’, ‘we’, ‘us’, or ‘our’) owns and operates the internet-based platform and app known as “WithWine” (Platform).

We’re committed to protecting the privacy of individuals who interact with us and our products and services, in line with our obligations under the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act).

This policy explains the type of personal information we might collect, how we handle and store it, who we share it with, how you can access and correct it, and how you can get in touch if you have any concerns. It applies to you if you are:

a wine vendor, retailer or other type of merchant who is a client or potential client of WithWine including any of its employees or representatives that deal with us (Merchant);
an individual customer or potential customer of Merchants who accesses or uses our Platform (or contacts us in relation to the Platform) (Consumer);
a visitor to our website (Website Visitor); or
a contractor, supplier, potential employee or any other individual we may deal with in the course of running our business and providing our services.

We may need to amend this policy from time to time (sometimes things change!). Please review it regularly to ensure that you are up to date with any changes, as your continued access to or use of the Platform will constitute your consent to those changes.

The type of personal information we collect

The type of personal information we collect ultimately depends on the nature of our relationship with you:

Merchant

If you are a Merchant, we might collect:

your name and contact details (such as email address, phone number, fax number, and business and postal addresses);

information about your account and agreement with us, your Platform usage, location information, sales information and stock levels;
details of any communications or interactions you have with us, or that you may have with a Consumer via the Platform; and
financial information such as your bank or credit card details used to transact with us, or other financial information that allows us to transact with you or provide you with our services.

Consumer

If you are a Consumer, we might collect:

your name and contact details (such as email address, phone number, fax number, and residential and postal addresses);
your age and gender;
financial information such as any bank or credit card details used to facilitate purchases via the Platform (though these are held by a Level 1 PCI Service Provider to ensure they are kept safe. We don’t see your full credit card number, nor do we store or transmit it);
your login details for the Platform, and details of your use of, or access to, the Platform;

details of any communications or interactions you have with a Merchant using the Platform – for example, details of an order or enquiry;

your wine purchase history, including purchases made via the Platform and prior purchases from Merchant Wineries (including your name, email address, telephone number, shipping address, purchase history, taste preferences, visitation history, credit balances and notes), which may include purchases made from a winery, wine vendor or merchant before they became a client of WithWine;

any information that a Merchant stores on the Platform about you and your dealings with them; and

details of any communications we have with you, including but not limited to any content you publish on the Platform.

Website visitors

If you access our website, we might collect:

your name, contact details, and any communications we have with you if you contact us or request a demo of the Platform; and

your preferences and data that we capture from cookies.

Other individuals else we deal with in running our business

Information that we might collect if you, for example, do business with us or apply for a role in our team can include:

your name and contact details (such as email address, phone number or residential address);
details of any communications we have with you; or
information about you that you (or someone else) give us, such as a copy of your resume or details of your experience and qualifications.

Sensitive information is a subset of personal information that enlivens more stringent protection. It includes information about a person’s race, ethnic origin, health, political views or religious beliefs (among other things). WithWine does not generally collect any sensitive information, however if you choose to disclose sensitive information to us, we will assume that you consent to us collecting and handling it in accordance with this Policy, unless you tell us otherwise. Please be careful about what information you send to us or publish on our website or Platform.

How we collect personal information

WithWine might collect your personal information:

if we provide you with our services, product or Platform, or otherwise in the general course of running our business;

where you are a former, current or potential customer of a Merchant who uses our Platform to assist with its business operations;
when you visit our website, use our Platform, contact us or communicate with us in any way (including via email, phone, chat, post or social media);
if you do business with us, apply for a role within our team, or have any other dealings with us; or
through online surveys where you do not choose to remain anonymous.

Typically, we will collect personal information directly from you, but in some cases, it might be collected from other sources. Often this is because it is not practical or reasonable to collect it from you directly. This may include information collected from:

a Merchant, to the extent that you are a Consumer (including your name, email address, telephone number, shipping address, purchase history, taste preferences, visitation history, credit balances and notes, which will be being shared with WithWine when you agree to these Terms);
your authorised representative; or
your recruitment agent, if you apply for a role within our team.

How we use and disclose your personal information:

Sounds pretty obvious, but we’ll generally only use and disclose your personal information for the purposes you have shared it for, such as:

enabling us to provide you with our services, products or Platform functionalities;

performing administrative functions to support business operations, such as financial claims and payments, business operations (including staff training and recruitment) and communicating with our customers;
enabling the functionality of our website (including supporting and managing an online member and public directory on our website), the Platform, and other online platforms owned by WithWine, including our social media accounts;
to provide you with promotional information about our (or a Merchant’s) other goods and services that we think you might be interested in;
allowing our contractors and advisers to provide the services that are necessary for us to manage our business and operations;
conducting anonymous voluntary surveys to gain feedback on matters related to WithWine and improve our services; or
analytics and research by WithWine, our partners and/or other users of the Platform, however this is only done so on a de-identified and aggregated basis. For example, WithWine uses such de-identified and aggregated data to determine shopping preferences of Consumers across a broader spectrum and to share such analysis with Merchants to assist them in marketing products and services to Consumers which are likely to be relevant to their preferences.

Generally, your personal information is only shared with other users (including Merchants) of the WithWine Platform if you have chosen to Follow that user or brand profiles owned by a user. Other users will, however, be able to see your personal information without you Following them or their brand, if you place an order with them, subscribe to their mailing list, join their wine club or have a similar interaction with them.

We do not sell your personal information to third parties.

Personal information will only ever be used or disclosed for purposes beyond those listed in this section 4 if we are required or permitted to do so by relevant laws.

Cross-border disclosure of personal information

Some of the disclosures described above may involve your personal information being shared with overseas recipients, such as:

our foreign related entities and shareholders;
our contractors and service providers who help us operate our business, including Stripe and Amazon; and
foreign companies with whom you place an order for products. Based on our current list of overseas Winery Merchants, this may include recipients in New Zealand, Singapore, UK and USA, but this may change from time to time.

We will take reasonable steps to ensure that all recipients of your personal information abide by the Privacy Act and the Australian Privacy Principles.

Direct marketing

As mentioned in section 4 above, we may use your personal information for direct marketing purposes – that is, to contact you about our products, services or events (or to recommend third party products or services) that we think you may be interested in.

If you do not wish to receive any direct marketing communications from us, you can opt-out by contacting us at hello@withwine.com or by using the “unsubscribe” function in the relevant email.

WithWine does not share any personal information to parties outside of the WithWine platform (i.e. non-users/Merchants) for direct marketing purposes.

How we protect your personal information

WithWine stores personal information in a combination of secure computer-based storage facilities and paper-based files and records.

Typically, we hold your information digitally and make use of:

password protection;

data encryption;
secure Australian-based AWS servers; and
security audits performed by a third party,

to maintain the security of your information.

Our officers, employees, agents and contractors are also required to protect the confidentiality of your personal information.

We understand the importance of maintaining the security of your personal information and use what we believe to be reasonable security measures to protect your personal information. However, the Internet is not a fully secure environment and you should be mindful, and accept the risk, that any information you send us through the Internet may be accessed, tampered with or used in an unauthorised manner by third parties.

We’ll only keep your personal information for as long as required, which will generally be as long as it takes to fulfil the purpose for which it was collected (or in accordance with any consents you provide), or any other legally prescribed timeframe. After this timeframe, we’ll take reasonable steps to destroy or permanently delete the personal information.

Access to and correction of personal information

Under the Australian Privacy Principles, you have a right to request access to, or correction of, any personal information that we hold about you.
If you’d like to request access or correction, please get in touch using the contact details in section 8 below.

Getting in touch

If you have any feedback, questions or concerns relating to your personal information and privacy (or this privacy policy), please get in touch.

You can reach us by email at privacy@withwine.com.

If you have a concern and you’re not satisfied with our response, you can lodge a complaint with the Office of the Australian Information Commissioner:

by phone: 1300 363 992
online at: www.oaic.gov.au

Legals

WithWine Terms Of Use – Merchant

1. About these Terms of Use

2. About you

3. Access and intellectual property

4. Selling wine

5. Acceptable use

6. Accounts, fees and payments

7. Third party links and information

8. Security and Data

9. Privacy & confidentiality

10. Risk allocation

11. Suspension or Termination

12. General

WithWine Terms Of Use – Consumer

1. About these Terms of Use

2. About you

3. Access and intellectual property

4. Responsible service of alcohol

5. Payments to Merchants

6. Acceptable Use

7. Third party links and information

8. Security

9. Privacy & confidentiality

10. Risk allocation

11. Suspension or Termination

12. General

Privacy Policy

Last Updated: 20 July 2022

About this privacy policy

The type of personal information we collect

Merchant

Consumer

Website visitors

Other individuals else we deal with in running our business

How we collect personal information

How we use and disclose your personal information:

Cross-border disclosure of personal information

Direct marketing

How we protect your personal information

Access to and correction of personal information

Getting in touch

WINERIES

WITHWINE

LEGAL

LET'S TALK

From the USA?