TERMS AND CONDITIONS
Welcome to Restaurant Revival.
These are our Terms and Conditions for use of Restaurant Revival, which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms and Conditions apply whenever you access Restaurant Revival, regardless of your accessibility.
Joval Wine Group Pty Ltd ACN 004 564 069 is the owner and operator of restaurantrevival.com.au (Operator).
Restaurant Revival is only available for registered members within Australia.
Use of Restaurant Revival
1. Users of Restaurant Revival (Users) agree to be bound by these Terms and Conditions, which are subject to change at the Operator’s sole discretion. Your use of and access to Restaurant Revival indicates your acceptance of these Terms and Conditions, as they exist at that time.
Acceptance of Terms
When you access the restaurantrevival.com.au website you are governed by these Terms and Conditions.
If you do not accept these Terms and Conditions, you must refrain from using the website.
By accessing, browsing and using our website you acknowledge that you have read and understood and accept these Terms and Conditions. We suggest you periodically re-visit these Terms and Conditions as they may be changed from time to time.
Use of the Website
The content of the website including Marks and Logos are the property of the Operator or have been used with the permission of the owners thereof and are therefore protected by Copyright or Trademark and all other intellectual property rights currently existing.
You agree that you will keep all matters relating to the Wine Club products and operations (including pricing) confidential, and therefore agree not to pass on or promote any information through publicly accessible channels such social media.
The downloading or reproduction of any data or image from Restaurant Revival must not be used for any commercial purpose.
Your use of the website is at your own risk and the Operator assumes no liability for any damage or virus which may affect your computer equipment or other property as a result of your use of Restaurant Revival. Nor is any undertaking given that the website will always be available when an attempt is made to access it.
Whilst the website refers to the Operator’s products and services, the Operator does not guarantee that the products or services will be available at all times. Information will be provided on the website if a product or service is not available.
This website provides links to other websites. These external information sources are outside our control. It is the responsibility of Users to make their own decision about the accuracy, currency, reliability and correctness of information found. We do not necessarily endorse any company or organisation linked to or from this website. We accept no responsibility for any information that may appear on any linked websites.
Other than as expressly set out in these terms we make no warranties or representations as to the quality, accuracy or completeness of the content on Restaurant Revival.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use, access to or conduct in connection with this site including any breach by you of these terms.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise including our negligence.
Copyright and Intellectual Property
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
Commercialise any information, products or services obtained from any part of this website; without our written permission.
Intellectual property displayed on this website (including copyright material and registered or unregistered trade marks) may be owned, registered or licensed to third parties. You must not infringe the intellectual property rights of any third party through your use of this website. You agree to indemnify us for any claims made against us by a third party for infringement of their intellectual property.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These Terms and Conditions embody the entire agreement between the Operator and yourself concerning the access to and use of the website.
Your use of this site will be governed by and construed pursuant to the laws of Victoria and of the Commonwealth of Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria and of all courts competent to hear appeals from those courts.
Any delay or failure by us at any time to enforce any of the provisions of these terms or any of our rights will not be a waiver of such provisions or rights and nor will it affect the validity of these terms.
If any clause or part of a clause of these terms is properly determined to be invalid, illegal, unlawful or otherwise incapable of enforcement, then that clause or that part of a clause will be deemed to be severed from these terms and of no force and effect but all other clauses and parts of a clause of these terms will remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms will be construed to be dependent upon any other clause or part of a clause.
Conditions of Sale
You must be 18 years of age or older to purchase products from the Operator. Under the Liquor Control Reform Act 1998 it is an offence:
To supply alcohol to a person under the age of 18 years (Penalty exceeds $8,000)
For a person under the age of 18 years to purchase or receive liquor. (Penalty exceeds $17, 000).
Products ordered will be for personal consumption only and are not to be resold.
Customer Service Policy
The Operator is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct.
All prices are in Australian dollars. Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
Payment must be made at time of transaction. Payment can be made via Visa or Mastercard only.
You will receive a Payment Receipt and Order Confirmation via email once the transaction has been processed and your payment approved. The Order confirmation will show the prices for the items you have ordered, including relevant GST if applicable.
The data registered by you on this website shall constitute full proof of the transaction, including payment.
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon delivery.
Cancellation Due to Error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
You as the Customer acknowledge that any clearance stock may have packaging defaults due to warehousing storage. These products housed under the “Clearance” page are subject to defaults including scuff marks, old packaging, and/or colour loss to labels. The products enclosed within the packaging, however, are free of defects both in material and workmanship and are of merchantable quality. Should any of the products housed under the “Clearance” page be of unusable quality, the Operator is liable for the replacement of the stock to the customer. Any promotions exclude current and existing Restaurant Revival. promotions.
Whilst the website makes reference to products, the Operator gives no guarantee that the products or services will be available at all times. You will be notified as soon as possible if this is the case.
Postage and Delivery
See Shipping & Delivery.
Limitation of Warranty
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Conditions of Sale is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
When you make a purchase from our Website, you will be asked to nominate a restaurant/venue that you would like to receive a monetary donation from Joval Wine Group. The purpose of the donation by Joval Wine Group is to support restaurants during the COVID-19 pandemic.
If you do not wish to nominate a restaurant the donation will be given to Oz Harvest.
The value of the donation will be visible when you make a purchase.
You will be asked to name the restaurant and provide the suburb of the restaurant. Please ensure the information is as factually correct as possible to ensure we can contact the venue and donate the funds directly to that venue.
Joval Wine Group will give the venue two options to receive the donation:
Monetary donation transferred by EFT into their nominated bank account or;
Apply monetary credit to their Joval Wine Group account if they have an active account.
All donations and credits from Joval Wine Group will be processed no later than 14 days after end of month.
If the monetary donation to the venue is not possible, due to;
Inability to gain contact from a venue representative;
The venue does not want to receive the donation; or
Any other reason that disables Joval Wine Group to facilitate a credit or donation;
then by no later than 30 days from when you purchased from our Website, Joval Wine Group will contribute the monetary donation amount to the hospitality charity Oz Harvest.
Restaurant Revival respects the privacy of individuals by treating all personal information as confidential and by handling it in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APP). The full text of the APP is available at www.privacy.gov.au.
In this policy:
(a) Personal information refers to any information or data provided to us such as name and address, date of birth, contact phone and fax numbers, email address, credit card details, where relevant to the products or services we are providing to you, your financial information;
(b) Website means restaurantrevival.com.au or a related website operated by the Company; and
(c) References to 'you' and 'your' mean you, the user of the website and provider of personal information.
The Company has implemented internal policies and procedures to ensure that personal information is dealt with in accordance with strict standards of security and confidentiality. By ordering the Company's products and/or using the website, you are deemed to have consented to the collection of personal information required to complete the sales transaction, including your credit card information.
Use and Collection of personal information
The Company collects, uses and stores personal information for the following purposes:
Identifying its customers and potential customers, including their authorised representatives;
Processing orders or enquiries received, including via the website;
Supplying products, services or other benefits to be offered to customers;
Informing customers of marketing initiatives that may be of interest to them;
Market and marketing analysis (subject to consent);
Data processing for statistical purposes (subject to consent);
Sending advertising materials, newsletters, competition details and other promotional and commercial communication initiatives to customers by email and/or text message; and
Developing and implementing initiatives to improve our products and services.
Any additional purpose for the collection of personal information (not set out in this policy) will be identified at the time that the Company collects personal information from you, or as soon as practicable afterwards.
Where possible, the Company will collect personal information directly from the individual concerned. However, in some circumstances, the Company may need to collect personal information from authorised third parties (for example, your representative).
If we are not provided with all the required personal information, we may be unable to process your order or other enquiry.
The Company collects your personal information in the following ways:
When you login to the Company's website and/or online services;
When you enter any of the Company's competitions and trade promotions;
When you complete a registration form;
When you contact the Company about its products and/or services by telephone or using our “contact us” page on our website or any other part of our website;
During negotiations and/or business transactions with you;
When the Company supplies products and/or services to you; and
When the Company responds to an enquiry from you.
If you are making a general enquiry regarding our products through our website, you will not be required to identify yourself. However, if you order goods or services through our online services or website, you will be required to identify yourself so that we can provide the goods and services to the correct person at the correct address.
Except where indicated above, the Company will not disclose your personal information to a third party, unless:
The disclosure is made as part of giving effect to a purpose for which the information was collected;
You have consented to the disclosure;
The third party is an external service provider that assists the Company operate the Company's business and is a party to a confidentiality arrangement with the Company;
The third party is a person involved in a dealing or proposed dealing (including a sale) of all or part of the Company's assets and/or business;
That disclosure is to a related body corporate of the Company;
The disclosure is to an entity that licenses products to the Company;
The disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or
The disclosure is permitted, required or authorised by or under any law including under the Privacy Act 1998.
We are not likely to disclose your information to overseas recipients. If in future we wish to disclose personal information to overseas recipients, we will only do so with your consent or otherwise in compliance with the Australian Privacy Principles.
Using the Website
The Company collects and retains data for the purpose of supplying you with, and for the processing of payment for, goods and/or services.
To ensure the Company is meeting your needs, and to develop online services, the Company may collect information from its website server logs. This technology is not used to access any other stored personal information, preventing users from being identified.
Cookies are automatically deleted when you exit the website or close your web browser.
The Company may use personal information to advise you of new services and marketing initiatives that may be of interest to you. This may include special product offerings and general information about our business.
If the marketing is received by you by email or by social media, there will be a link on that email or social media contact by which you can unsubscribe from receiving that marketing material.
The Company does not disclose personal information to a third party for the purpose of allowing them to direct market their products or services to an individual, unless that individual has expressly consented to that disclosure.
Updates to your personal information
If your personal information changes, please contact the Company to update this information. The Company may also contact you from time to time to check that your personal information is still accurate.
The Company is committed to maintaining:
Safeguards to protect personal information against unauthorised use, disclosure, access, alteration, destruction and accidental loss;
Industry standards for the security and protection of personal information (anti-virus software is regularly updated in order to protect the Company's systems and data); and
Internal policies on management of personal information, and staff training to ensure compliance with these policies.
Access to Personal Information
The Company will generally allow an individual access to their personal information on request. You can obtain access to your personal information by written request to the Privacy Officer. The Company will endeavour to deal with your request as soon as reasonably practicable. The
Restrictions on Access
The Company may restrict access to personal information in accordance with the APP.
Charges for Access
Subject to the level of the request and the amount of time it takes to collate the information, the Company, at its own discretion, may levy a nominal charge for access to personal information.
Correction to Personal Information
Please advise the Privacy Officer if you think that personal information the Company holds is inaccurate. The Company will take all steps necessary to correct the information.
If the Company is unable to provide you with access to your information or make any amendments, the Privacy Officer will inform you of the Company's reasons for this.
The Company's handling of any personal information it collects from you (including personal information previously collected) will be governed by the most current version of this policy. Please check this policy regularly.
The Company is committed to constantly improving its procedures so that personal information is treated appropriately. If you feel that the Company has failed to deal with your personal information in accordance with the APP or this policy, please contact the Privacy Officer.
The Privacy Officer will:
Listen to your concerns and grievances regarding the handling of personal information;
Discuss with you the ways in which the Company can rectify the situation; and
Put in place an action plan to resolve your complaint and improve the Company's information handling procedures, if appropriate.
If this process does not result in an outcome that is satisfactory to you, you may contact the Privacy Commissioner's Office. The Company will work together with the Privacy Commissioner's Office to resolve any issues.
The contact details for the Privacy Commissioner's Office are as follows:
GPO Box 5218, Sydney NSW 2001
Telephone: 1300 363 992; 1800 620 241 (TTY)
Facsimile: +61 2 9284 9666
If you wish to access any personal information that we hold about you, or have a query about this policy, please contact our Privacy Officer:
Restaurant Revival C/-
PO Box 387 Abbotsford Victoria 3067
When using online credit card transactions to purchase goods you must provide valid credit card details.
The Company uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this website using the eWAY gateway are secured payments, as follows:
Payments are fully automated with an immediate response.
Your complete credit card number cannot be viewed by the Company or any outside party.
All transactions are performed under 256 Bit SSL Certificate.
All transaction data is encrypted for storage within eWAY's bank-grade data centre, further protecting your credit card data.
eWAY is an authorised third party processor for all the major Australian banks.
eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by the Company.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au.