WINE INSTITUTE TERMS OF SERVICE (Australia)
Last modified: Jan. 19, 2023
Our mission is to promote and support the understanding and appreciation of California wines through an online education and certification program, along with providing information and resources on California wine. Our Services are designed to promote wine education among our community by enabling you and other wine enthusiasts to share and enroll in educational courses. We need rules to keep our Site and Services safe for you, our community, and us. Please read these Terms of Service carefully and in their entirety, as these Terms of Service include important information about your legal rights, remedies, and obligations. Feel free to contact us at the details located at the end of these Terms of Service if you have any questions about these Terms of Service.
In the event of any conflict or inconsistency between the terms and provisions of these Terms of Service and the terms and provisions of any contract or other agreement between you and any third party in connection with, or related to, the Services, the terms and provisions of these Terms of Service shall prevail to the extent of any inconsistency.
User Conduct and Responsibilities
The Site and Services provide information and educational materials about the production and consumption of wine, including but not limited to, alcohol-related certification programs and provides prospective users the ability to enroll in educational courses, examinations, and certifications.
You are required to comply with all applicable federal, state, and local laws in connection with your use of this Site and Services. As a condition of your use of this Site and Services, you agree that you will not use this Site and/or Services for any purpose that is unlawful or prohibited by these Terms of Service. You also agree that you will only provide information in connection with this Site and Services that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity. When using the Site and Services, you will be subject to our Community Guidelines. You may also need to agree to other rules applicable to specific Services and features, which may be posted on our Site from time to time, as a condition to accessing such Services and features. In that case we will provide reasonable notice to you before such rules take effect.
Additionally, you agree not to, without limitation:
· Authorized Purposes Only. Use any content or information available on this Site for any unauthorized purpose;
· Follow the Rules. Interfere with or damage this Site or servers or networks connected to this Site or disobey any requirements, procedures, policies, or regulations of networks connected to this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;
· No Virus Transmission. Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
· No Advertising. Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
· Only Post What’s Allowed. Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
· No Reverse Engineering. Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site;
· No Resale. Rent, lease, trade, sell, or otherwise monetize the Services or related data or access to the same, without our consent;
· No Infringement. Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties;
· No Aiding or Abetting Rulebreaking. Assist any third party in engaging in any activity prohibited by these Terms of Service; or
· Violate Community Guidelines. Use the Site and/or Services in any manner that violates the Community Guidelines.
You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or have attempted to violate the foregoing prohibitions, we may take any action we deem reasonably necessary to cure or prevent the violation.
Certain portions of this Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
Specifically, to the extent you are registered or enrolled as a Student (as defined below) in, or are otherwise attending, an Educational Partner (as defined below) or other institution with its own policy regarding student conduct, those terms shall apply to you as a student of such institution. Additionally, to the extent that the following does not conflict with such a policy, any Student of the online courses through the Site agrees to:
- not harass other Students, attendees, instructors or other visitors;
- not cheat on any assignment or examinations for the courses;
- not post online any secured testing materials;
- not share solutions or responses to assignments or examinations;
- not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the online courses through the Site other than as expressly allowed under these Terms of Service; and
- notify the instructors promptly if he or she becomes aware of any other Student cheating or breaching these Terms of Service.
In order to access and use certain features of the Site and the Services, you may need to provide certain information. You represent and warrant that all information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times.
For all users located in Europe: Registration and access to Courses (defined below) via this Site is only available to business users. By registering you confirm that you are using the Site and the Services as a business user and not as a consumer. If and to the extent these terms mention consumers or Students (defined below) or other non-business users, this does not apply to users located in Europe.
Course Registration. The Site is available without restriction unless or except as prohibited by applicable law and these Terms of Service. However, additional requirements apply to users registering for or otherwise accessing the online courses and other educational features of the Site (each, a “Student”), including registration and curriculum information (collectively, “Courses”). As a Student, you agree that:
- You will not set up multiple registrations for any one particular Course;
- You are registering with the reasonable intention to complete online coursework, complete related assignments, take and submit examinations and other activities related to taking the applicable Course;
- if you are taking a Course for academic credit or certification through, an accredited partner, educational institution, or corporate sponsor (each an “Educational Partner”), any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, the Wine Institute will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any such Course;
- if you are not taking a Course for credit or certification provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of the Wine Institute, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any company or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner;
- You acknowledge that instructors of any Course will not be obligated to make any attempts to get the Course recognized by any accredited or other educational institution; and
- You will abide by the User Conduct and Responsibilities listed above.
Authorized Users Only. You agree that you are solely responsible for maintaining the confidentiality of your registration information and are fully responsible for all activities that occur in connection with your use of the Services. You agree to promptly notify us of any unauthorized use, or suspected unauthorized use, of your registration information or any other breach of security by emailing us at firstname.lastname@example.org. The Wine Institute cannot and will not be liable for any loss or damage arising out of or relating to your failure to comply with the requirements in this section.
Suspension or Termination of Services. Without limiting our other rights in these Terms of Service, we may suspend or terminate access to the Site and/or Services where we reasonably determine that you have or are using the Site and/or Services in a way which breaches these Terms of Service. In the case that your access is terminated, these Terms of Service shall remain, to the extent applicable, in full force and effect.
Site Content and Intellectual Property Rights
This Site, including any content, visual interfaces, Courses, assignments, educational videos and exercises, materials, documentation, and all other elements of the Services, may contain text, images, software, photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content (collectively, “Content”). Unless otherwise expressly identified, Content is owned by the Wine Institute or by our third-party licensors. Content may be protected by United States and international copyright, trademark, and other laws. You may browse this Site and download Content solely for your personal or educational use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content from this Site, including code and software underlying this Site, nor may you sell, transfer, or otherwise use this Site or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice.
Pricing. The prices of the Courses are posted on the Site in U.S. dollars, regardless of your location when you register for a Course or otherwise access the Site and/or Services.
Agreement to Pay. You agree to pay the fees for Courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. The Wine Institute works with third party payment processing partners, such as PayPal, to offer you a convenient and secure payment method. When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) calendar days of notification from us. We reserve the right to disable access to any Course for which we have not received adequate payment within this time period.
If the Course you purchased is not what you were expecting, or you are otherwise unsatisfied with the Services, please contact as at email@example.com. Subject to the requirements of applicable laws, we may apply a refund or credit to your original payment method, at our discretion on a case-by-case basis.
Use of Communication Services
You understand and expressly agree that if you take and pass a certified exam through the Site, the Wine Institute shall have the full right and authority to include your name, city, state and level of certification on the Site roster of persons who have achieved certification under the applicable certification program, and you consent to the Wine Institute’s public disclosure of such information. If you wish, your name can be removed from the roster by sending a request to firstname.lastname@example.org. Such requests will be honored within 14 days. You expressly acknowledge and agree that, notwithstanding a removal of your name from the roster, the Wine Institute shall, at all times, have the right and authority to verify your current certification status in response to a request for verification made by a third party.
You agree that you will not post to a Site roster profile any false, misleading or inaccurate content or information or any content that infringes the intellectual property of any third party, including any trademarks or copyrights, and that you have obtained all necessary third party consents and authorizations to post any content to the Site roster profile. The Wine Institute does not vet or verify user-posted content or information to Site roster profiles and it makes no warranty or representation of any kind that any user-posted content or information is accurate, complete, or up-to-date, or that a Site roster profile user owns or has the right or permission to use any intellectual property of others. The Wine Institute has the right (but not the obligation), in its sole discretion, to modify, remove or refuse any user-posted information or content to a Site roster profile at any time and without any liability to you.
Using the Site at Your Own Risk
Our Site model means we have the right, but not the obligation, to review and/or edit the Courses. To the extent permitted by applicable law (and without limiting our obligations under the Australian Consumer Law), we do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the Courses.
By using the Site and Services, you may be exposed to content that you consider offensive, indecent, or objectionable. The Wine Institute has no responsibility to keep such content from you and no liability for your access to any Content on the Site or enrollment in any Course, to the extent permissible under applicable law. You assume full responsibility for the choices you make before, during, and after your access to the Site and enrollment in any Course.
We are not responsible or liable for any interactions involved between instructors and users of the Site or Services. To the extent permissible under applicable law, we are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or users.
To the extent permissible under applicable law, and as reasonably necessary, the Wine Institute and the instructors of the Courses reserve the right to alter, modify or rearrange the schedule of topics for such Courses, as well as the scoring value or weight of assignments, examinations, projects and other such evaluations of progress. A Verified Certificate shall be awarded, in the sole discretion of the Wine Institute and the instructors for such Courses, to Students who have completed the Course to the satisfaction of the Wine Institute. By attending the Courses, Students acknowledge that the Wine Institute and the instructors maintain the right and ability to adapt, modify or revise such Courses as the Wine Institute and the instructors deem reasonably appropriate.
Third-Party Content and Websites
This Site may contain links, references, and other forms of connectivity to websites, platforms, and applications maintained and controlled by third parties (“Third Party Sites”). Inclusion of any link to Third Party Sites does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by the Wine Institute. The Wine Institute makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any content or information contained in Third Party Sites and shall have no liability for any damages or injuries of any kind arising from such content or information contained in Third Party Sites. If you decide to access any Third Party Sites linked to by this Site, you do so entirely at your own risk. You should refer to the terms and policies of any Third Party Sites you use to determine your rights and responsibilities.
Disclaimer of Warranties
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, CONTENT, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WINE INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THE WINE INSTITUTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR ANY OTHER WEBSITES LINKED TO THIS SITE. THE CONTENT AND ANY OTHER MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND THE WINE INSTITUTE MAKES NO COMMITMENT TO UPDATE CONTENT ON THIS SITE. THE WINE INSTITUTE DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WINE INSTITUTE DOES NOT WARRANT THAT THIS SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WINE INSTITUTE OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
ALTHOUGH THE SITE IS INTENDED TO BE EDUCATIONAL, NEITHER THE WINE INSTITUTE OR ANY THIRD PARTY ASSOCIATED WITH THE SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS SITE.
THE ABOVE DISCLAIMER DOES NOT APPLY TO, OR LIMIT, ANY WARRANTIES OR GUARANTEES AFFORDED TO AUSTRALIAN USERS UNDER APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW AT SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) (AUSTRALIAN CONSUMER LAW).
Limitation of Liability
IN NO EVENT SHALL THE WINE INSTITUTE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR OTHER INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THIS SITE OR SERVICES, OUR CONTENT, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND SERVICES.
IN RELATION TO AUSTRALIAN USERS, THE ABOVE LIMITATION OF LIABILITY ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, USA excluding its conflict of law rules. You agree that jurisdiction over any action arising out of or relating to these Terms of Service shall be brought or filed in a court of competent jurisdiction located in the State of California, USA. You hereby acknowledge and agree that the above provision is reasonably necessary to protect our legitimate interests, particularly our desire to avoid litigation in multiple jurisdictions given we provide our site and services to users globally and to handle disputes in an efficient manner.
This Dispute Resolution section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct the Site and/or Services to you, where you have your habitual residence.
No Third Party Rights
Unless expressly stated in these Terms of Service to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, the Wine Institute, and our successors and assigns. Nothing in these Terms of Service is intended to relieve or discharge the obligation or liability of any third persons to you and the Wine Institute and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, the Wine Institute, and our successors and assigns.
The Wine Institute shall have the right to assign these Terms of Service in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Service without the prior written consent of the Wine Institute.
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with the Wine Institute. These Terms of Service, , set forth the entire understanding and agreement of you and the Wine Institute as to the subject matter hereof and supersede all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Any version of these Terms of Service in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict. The Wine Institute’s failure to act with respect to a breach by you or others does not waive the Wine Institute’s right to act with respect to antecedent, subsequent, or similar breaches.
The Wine Institute reserves the right to modify these Terms of Service from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on this Site and/or notify you via email. Where changes may have a material impact on your use of the Service, we will notify you via email and provide 30 days’ notice of this change. Any use of this Site after such changes (or after the expiry of the notice period where applicable) shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound.
How to Contact Us
If you have any questions regarding these Terms of Service, please contact us at:
425 Market Street, Suite 1000, San Francisco, CA 94105