Terms and Conditions
SecurityWhen purchasing from Treat Me Cellar, card details are transmitted through a secure server using an SSL. Card date is not hosted by TreatMe Cellar after processing.
If you do not agree to any terms and conditions of this Agreement, you must not use the Website. We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes. We will endeavour to alert you to any significant changes to this Agreement next time you log into your account or the next time you use the mobile site, but we are under no obligation to do so.
You should regularly check this Agreement to make sure you are familiar with the most current version.
RegistrationYou must be a registered member to make orders and access some features of the Website. When registering and activating your account, you will provide us with personal information such as your name and a valid email address. You must ensure this information is accurate and current.
By using this site and its associated functionality, you grant your express consent to us to send you direct marketing and reminder or update communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.
User RepresentationsYou represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into a legally binding agreement with us; and (c) you will use the Website in accordance with this Agreement.
Your Use of the WebsiteThe only authorised access point to the Website is via treatme.winecentral.co.nz, our partner sites and their associated mobile applications. We will not be responsible in any way for access outside these access points. You agree to use the Website only for purposes that are permitted by: (a) this Agreement; (b) any applicable law or regulation; and/or (c) generally accepted practice or guidelines.
You must not (or attempt to): (a) access any part of the Website by any means other than through the interface provided by us; (b) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website; (c) use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with Wine Central's prior written consent. (d) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or (e) use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure.
We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
Termination of ServicesWe may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice. We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account. We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.
Changes to the WebsiteWe aim to provide a positive experience for you. We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.
You understand and agree that except as required by law (including the New Zealand Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by suppliers.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase any offer.
Where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the product received.
Disclaimer and LiabilityWe do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
Unless we are not permitted to do so by law (including under the New Zealand Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of: (a) errors, mistakes or inaccuracies on the Website; (b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website; (c) personal injury or property damage of any nature resulting from your access to or use of the Website; (d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; (e) any interruption or cessation of transmission to or from the Website; (f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or (g) the quality of any product or service of any linked sites.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
Where any law (including the New Zealand Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law. Except as required by law (including the New Zealand Consumer Law), in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence).
You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
IndemnityYou will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
Price, Payment and Use of Booking CodesThe prices of products shown are in New Zealand dollars and include GST where applicable. Prices are current at the time of display but are subject to change.
All payments must be received in full prior to the product being dispatched. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold your order. In such instances we do not guarantee that the offer will be available should you try to order it again.
Refunds Policy - 100% GuaranteeIf you are unhappy with the purchase you made on 1-day cellar for any reason we will replace or fully refund your purchase so long as you notify us within 30 days of purchasing the deal.
Social Media and ContentYou understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (Social Media), is the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that: you do not have the right to post; is defamatory or in contempt of any legal or other proceedings; is misleading or deceptive; incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins; denounces religious or political beliefs; includes religious or political material which is or is likely to be offensive; is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern; infringes any copyright, trade mark, patent or other intellectual property right of another person; contains any unsolicited or unauthorised advertising or promotional material; contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or impersonates any person or misrepresents your relationship with any person.
We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
Intellectual PropertyWe reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not: (a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or (b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved services we provide.
Transfer and AssignmentYou agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party: (a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and (b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
GeneralWe will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control. This Agreement will be governed by and interpreted in accordance with the laws of New Zealand. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
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