Terms and Conditions
Terms of access to the Website (Terms of Access)
This website (referred to in these Terms of Access as the Website) is owned and operated by Fourth Wave Wine Partners Pty Limited, who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.
Please read these Terms and Conditions carefully. BY USING THE WEBSITE YOU ARE AGREEING TO THESE TERMS.
The Website and all Content is operated and owned by Fourth Wave Wine Partners Pty Ltd (ACN 126 837 143) with the principal place of business at Charlestown, NSW Australia 2290.
All Content is copyright © 2022 Fourth Wave Wine Partners Pty Ltd or other copyright owners.
1. Sale of Alcohol
Under the Liquor Licensing Act it is an offence to supply alcohol to a person under the age of 18 years (Penalty of $6,000.00) and/or for a person under the age of 18 years to purchase or receive liquor (Penalty $500.00). As part if the conditions of use of this site, you warrant that you are over the age of 18 and you are not purchasing liquor for any person under the age of 18 years of age.
Liquor Licence No. 36303595
All prices quoted exclude/include GST and are in Australian Dollars (AUD). All pricing is subject to change without notice.
3. Use of Website
(a) You may only use the Website and the Content on the Website for personal, non-commercial purposes provided you do not remove any copyright and trade mark notices contained on the material unless Fourth Wave Wine Partners Pty Limited provides express written consent.
(b) All content included on this site, such as text, graphics, logos, button icons, images and software, is the property of Fourth Wave Wine Partners Pty Limited or its content suppliers and is protected by international copyright laws. This excludes property in which the rights of third parties are explicitly and immediately acknowledged.
(c) Any improper use, including but not limited to the reproduction, modification, distribution, transmission, republication or display of the content on this site is strictly prohibited. Except for the limited use set out in clause 3(d) you may not use the Website, or the material contained on it, for any purpose. This involves:
(i) the reproduction of the material in any material form;
(ii) the distribution of the material in any material form;
(iii) re-transmission of the material by any medium of communication;
(iv) uploading or reposting the material to any other site on the Internet; and
(v) “framing” the material on the Website with other material on any other website.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
(d) Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
(e) You must not breach the security of the Website, test or scam the vulnerability of the Website, or make unauthorised modifications of the Website.
(f) You must not interfere with any other person’s enjoyment of the website.
(g) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(i) re-sold or re-distributed in any material form;
(ii) stored in any storage media; or
(iii) re-transmitted in any media, without our prior written consent.
4. Third Party Websites
(a) This Website may contain hyperlinks to web sites on the internet owned and operated by third parties (Third Party Websites) and which are not under our control.
(b) In relation to the other sites on the Internet, which are linked to the Website, we provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site.
(c) Fourth Wave Wine Partners Pty Ltd makes no representations or endorsements and accepts no responsibility for the content or use of any such external site accessed through ours. As part of the terms and conditions for the use of his site you acknowledge that Fourth Wave Wine Partners Pty Ltd has no control over the content on external sites we may link to.
5. Limitation of Liability
(a) We do not warrant, guarantee, or make any representation that:
(i) the Website, or the server that makes the site available on the Internet are free of software viruses;
(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website will be corrected.
(b) We are not liable to you for:
(i) errors or omissions in the Website, or linked sites on the Internet;
(ii) the accuracy or completeness of any information available on the Website;
(iii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(iv) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
(d) This clause 5 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
if the breach of an implied warranty or condition relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again; and
if the breach of an implied warranty or condition relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
(e) Except where prohibited by law, Fourth Wave Wine Partners Pty Ltd will not be liable for any loss, damage, liabilities or claims and expenses that you may suffer due to the use of the Website, including use of any information on it. You use the internet and the Website at your own risk.
(f) Nothing in these terms limits your rights under Australian Consumer Law.
6. Use of personal information gathered
(a) We and any people or legal entities authorised by us may gather and process the personal information:
(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 6(a)
7. Intellectual property rights
All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
8. Termination of access
Fourth Wave Wine Partners Pty Ltd reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to breach of these terms. The suspension or termination shall not affect either party’s rights or liabilities. Fourth Wave Wine Partners Pty Ltd have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
9. Alteration of Terms of Access
We reserve the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
10. Governing Law
(a) If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) These Terms of Access will be governed by and interpreted in accordance with the law of New South Wales in Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the jurisdiction of the courts of New South Wales in Australia to determine any dispute arising out of these Terms of Access.
Orders, Delivery and Collection of Goods
1. Delivery (Within Australia)
Fourth Wave Wine Partners Pty Limited offers delivery Australia wide by DHL and Fastway Couriers. Delivery costs are calculated at checkout. Allow 5-10 business days for delivery. We are not liable for any fluctuation in delivery times.
Please ensure that there is someone present at the delivery address you provide to receive your order as signature will be required.
In accordance with the Liquor Licensing Act and responsible service of alcohol principles, our delivery couriers have been instructed to request a valid form of identification for anyone who appears to look under the age of 25 years.
2. Collection or Click & Collect orders
Collection of Orders is from the Click & Collect collection point selected by you to collect the goods consistent with your Click & Collect order. Click & Collect facilities are available from selected locations throughout Australia. Collection will be available within the timeframe specified from when the order has been placed.
Address for collection is 'Suite 1 Level 3 240-244 Pacific Highway Charlestown 2290 NSW'.
3. Undelivered Goods
If you have placed a order and have not received delivery within 10 business days, please advise firstname.lastname@example.org. Please have your order confirmation email on hand (you will receive this after you place your order).
4. Returns Policy
We have a 30-day return policy, which indicates there is a 30-day window post-receival of the item to request a return is the product is fault or broken. We do not refund products for change of mind in line with food and health standards, and current Covid-19 parameters
To be eligible for a return, the item must have been broken in transit, which would either be reported by the logistics company or by the customer upon being received and opened. Please take a photo of the issue and send it to email@example.com. If you find your item is faulty in taste or is showing tampering, please take photos of this as well and contact us at your earliest convenience.
To request a return, please email firstname.lastname@example.org with the order number, product purchased and any other information. If the return is accepted, we will send a return shipping label, as well as instructions on how and where to send the package. Items sent back without first requesting a return will not be accepted.
5. Damages and Issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we may evaluate and resolve the issue.
6. Exceptions / Non-returnable items
We do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items or gift vouchers.
The fastest way to ensure the correct order is received is to contact us and return the item you have. Once the return is accepted, please make a separate purchase for the new item.
We will notify you once we have received and inspected the return, and let you know if the refund is approved. Once approved, you will be automatically refunded on your original method of payment. Please note it can up to 3 business days to process the refund depending on your bank or credit card company.
Fourth Wave Wine Partners Pty Ltd
ACN 126 837 143
Date: 19 January 2021
We appreciate that your privacy is important to you, Fourth Wave Wine Partners Pty Limited will continue to protect the personal information you provide us and we will manage your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). Fourth Wave Wine Partners Pty Ltd will not sell Personal Information about you.
We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.
What information do we collect?
The type of information we collect from you will depend on what services on our Website that you use. The personal information we may collect includes:
Contact details (e.g. email address, telephone number(s), residential and delivery addresses);
Information to identify you (e.g. date of birth);
Household details (e.g. number of people living at household and their ages);
Payment and transaction details/history (including information about payment cards linked to flybuys and associated transactions);
Records of your communications and interactions with us; and
Details/history of purchases, preferences, interests and behaviour relating to transactions, products, services and activity with our digital services.
General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from the [name of online store]. The anonymous non-personal information that when collect and analyse in not personal information as described in the Privacy Act.
We may not be able to provide our products or services or make offers to you without your Personal Information.
When do we collect information?
We do not automatically collect personal information from you, such as your name, address, phone number, email address or other personally identifiable information about you (personal information).
We collect three categories of information when you use our Website:
the personal information you voluntarily provide — that is, we collect personal information with your informed consent;
anonymous non-personal information about how you use our Website; and
“cookie” based information that makes your use of our Website easier by recording your preferences so that when you return to our Website the “cookie” re-loads that information into your web browser.
For example, we will collect personal information from you when you subscribe our Websites, place an order, respond to a promotional offer, competition or survey or fill out a form related to any customer service feature operating on our Websites.
We may monitor and record your communications with us (including email and telephone) for security, dispute resolution, and training purposes.
We may also collect Personal Information from third parties including from:
Anyone authorised to act on your behalf; and
Information service providers (including for data integrity purposes);
Why do we collect information?
The personal information collected on our Websites will be used to provide the services you have requested, such as setting up and managing your account with (name of website/online store) or processing any purchases you may make at the Elephant In The Room. Some of the reasons for collecting your Personal Information include:
To manage your requests for products and services, including delivery, processing payments, providing refunds and discounts;
To register and service your account, including keeping your information up-to-date, and verifying your identity;
To communicate with you about our products, services, and promotions;
To help us improve our products and services, including conducting product and market research;
To improve our operational processes to enhance your customer experience;
To respond to your feedback, queries, or concerns;
Working with our service providers;
Investigative, fraud, and loss prevention activities;
Interacting with Regulators and relevant government entities;
Any of our related companies and brands including the Coles group; and
As otherwise required or permitted by law.
Using Personal Information, we endeavour to improve our understanding of your interests, suitability, and behaviour in relation to products, services, and offers, including conducting risk assessments for financial products (including credit and insurance).
We may also handle your Personal Information to protect our lawful interests and facilitate purchases and potential purchases of our businesses.
How do we store your information?
We use different technologies and procedures to help protect personal information from unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, information firewalls and access authorisation controls to where your personal information is held in data centres. We also use data encryption when personal information is transferred to and from our service providers. Our commitment to data security means:
we have procedures to limit access to personal information within our organisation;
we use security measures and technologies within our organisation to protect your personal information; and
we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where credit card information is being transferred.
All customer information is protected and will not be shared with any third party.
What use do we make of your personal information?
We will communicate with you in relation to any purchases you make from the Elephant In The Room and in relation to the management of your subscription account with the WooCommerce which will include providing you with information about the EDM, Subscription purchases, Emails!
If you subscribe to Elephant In The Room we may send you information and updates about any other product, service or information that we provide to our customers; in addition we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, we include detailed unsubscribe instructions at the bottom of each email.
We may only release your personal information when we believe release is appropriate to comply with the law, enforce our subscription agreements, website policies and terms & conditions, or protect ours or others rights, property, or safety.
How can I access the personal information that you collect?
We are happy to provide you with details of personal information held about you. If you wish to access or correct any Personal Information we hold about you, please contact us. When making an access request, please provide as much detail as you can about the particular information you seek, in order to help us retrieve it. Under the Privacy Act and other relevant laws, we are required to provide a written response outlining our reasons if we refuse your request. Where we decide not to make a requested correction and you disagree, you may ask us to add a note of your requested correction to the information that explains your correction request.
If you have any complaints or concerns about this Policy, or if you believe that your personal information has been misused, you can inform us of your complaint by emailing us and we will attempt to resolve the matter. Our
Fourth Wave Wine Partners Pty Ltd
If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC). Contact details are set out below.
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001
Telephone: 1300 363 992.
OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints
“Cookies” and other web use tracking technologies
When you access our Website, a small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.
Our systems record a variety of information in relation to interactions with our online services. This can include information about software versions used, device identifiers (like IP address), location data (where available and not disabled by the user), dates, times, file metadata, referring website, data entered, and user activity such as links clicked. We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
We collect information using “cookies” and other tracking technologies for the following reasons:
to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;
to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and
when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
Some information we collect is not related to an individual. In many cases the information only relates to a device or is of an aggregated or statistical nature, and we will have no way of knowing the identity of the user. In other cases we may associate information about your use of our Website over time with your Personal Information, e.g. where on any occasion you have logged in, followed a link sent to you by email or we have otherwise been able to identity you.
Third party links
Our Websites may include links to websites operated by third parties. We have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our Websites and welcome any comment about linked websites.