This Privacy Policy applies to all personal information collected by TAH Wine Pty Ltd as Trustee for Puddle Jumper Unit Trust T/A Overstory Wines ABN: 20 983 636 208 via the website located at overstorywines.com.au. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy.
(a) The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
(b) If information do not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.
The kind of personal information that we collect from you will depend on how you use the website. The personal information which We collect and hold about you may include details such as your email address, full name, phone number, mailing / billing address, birth date and user ID.
(a) We may collect personal information from you whenever you input such information into the website.
(b) We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.
(a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website, including but not limited to, communicating with you, providing or improving the Services, complying with any applicable legal obligations, enforcing any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
(b) We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(c) By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by us and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
Your personal information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behavior of individuals in the European Union, and accordingly the GDPR does not apply.
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us on: +61 (08) 9757 0222 or email us at hello@overstory.com.au.
TAH Wine Pty Ltd as Trustee for Puddle Jumper Unit Trust ABN: 20 983 636 208 (Website Owner) owns and operates this website. Access to and use of this Website is and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time and representing that you are at least the age of majority in your country of residence.
You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites, which are not operated by Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
(a) You must not misuse this Website. You will not:
(i) commit or encourage a criminal offense;
(ii) use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws)
(iii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iv) hack into any aspect of the Service; corrupt data; cause annoyance to other users;
(v) infringe upon the rights of any other person's proprietary rights;
(vi) send any unsolicited advertising or promotional material, commonly referred to as "spam";
(vii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
(viii) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(ix) infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(x) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(xi) submit false or misleading information; or
(xii) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. A breach or violation of any of the Terms of Use may result in an immediate termination of your Services. Breaching this provision may also constitute a criminal offence, and Website Owner may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without the Website Owner’s consent.
(a) Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
(b) We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.
(c) We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time, including modifying or changing the price for our products without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
(d) All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
(e) We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations.
(f) All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Website is void where prohibited.
(a) We reserve the right to refuse any order you place with us.
(b) We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include:
(i) orders placed by or under the same customer account;
(ii) the same credit card; and/or
(iii) orders that use the same billing and/or shipping address.
In this event, we will attempt to notify you via the contact details provided at the time the order was made.
(c) We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(d) You agree:
(i) to provide current, complete and accurate purchase and account information for all purchases made at our store; and
(ii) to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
If you provide submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise to the Website Owner, you agree:
(a) we may, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us;
(b) We shall be under no obligation:
(i) to maintain any comments in confidence;
(ii) to pay compensation for any comments; and/or
(iii) to respond to any comments;
(c) We may monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use;
(d) your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right;
(e) your comments will not contain:
(i) libelous or otherwise unlawful, abusive or obscene material; or
(ii) any computer virus or other malware that could in any way affect the operation of the Service or any related website;
(f) you will not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments; and
(g) you are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
(b) To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and Services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
(d) This does not affect Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.
You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, affiliates and Service Providers, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
There may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability and in these circumstances we:
(a) reserve the right to correct any errors, inaccuracies or omissions;
(b) change or update information; or
(c) cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
(a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
(b) These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
(c) We may terminate this arrangement at any time without notice and:
(i) you will remain liable for all amounts due up to and including the date of termination; and/or
(ii) we may deny you further access to our Services (or any part thereof).
These Terms of Use and Services shall be governed by and construed in accordance with the laws of Australia.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
Our contact information is posted below:
The Trustee for Puddle Jumper Unit Trust T/A Overstory Wines ABN 20 983 636 208
hello@overstory.com.au
(08) 9757 0222
Licence number: 618215070720
Class of licence: Liquor Producers Licence
Name of the licensee: Overstory
Address of and telephone number for the licensed premises:
261A Fifty One Road COWARAMUP WA 6284
08 9757 0222
Warning: Under the Liquor Control Act 1988, it is an offence...
