Domestic Campaign Asset Terms and Conditions
‘We make a wine for that’ Domestic Campaign Asset Terms and Conditions (“Domestic Campaign Asset Terms and Conditions”)
This is a legal agreement between you ("you") and Wine Australia ("Site Owner") (“Agreement”). The domestic campaign refers to the ‘We make a wine for that’ (“Domestic Campaign”) run by the Site Owner. You should read this Agreement in its entirety before you download any Domestic Campaign asset appearing on this site ("Asset"). By downloading Asset from the Site Owner, you agree to be bound by the terms and conditions of this Agreement and the Domestic Campaign Asset Guidelines (“Guidelines”).
The Site Owner warrants that it has the requisite licence to the Asset to enter into this Agreement with you.
If you enter into this Agreement or if you download an Asset in accordance with the terms of this Agreement on behalf of another person ("Principal"), the terms and conditions including the licence granted and restrictions and limitations set out below apply to your Principal as well as to you and you agree to bind all users of the Asset you downloaded to this Agreement and the Guidelines. Should you cease to be authorised to act on behalf of your Principal, your Principal may continue to operate under this Agreement and shall be bound by this Agreement and the Guidelines.
In this Agreement, "you" refers to and includes you, your Principal and any third party as the context permits.
Grant of licence
1. The Site Owner grants you a non-exclusive revocable licence to use the Asset solely for the purpose of the Domestic Campaign in accordance with the terms and conditions of this Agreement and the Guidelines.
Scope and limitation of licence
2. The Asset:
a) may only be used for the purpose of the Domestic Campaign in the form of the distributed templated Domestic Campaign Asset and only in accordance with the Guidelines, which is available for download on the Site Owner’s website and may be updated from time to time;
b) may only be used for the purpose as described in your online application (“Application”), subsequent authorisation notification (“Authorisation Notification”) or as otherwise notified by the Site Owner for the Domestic Campaign;
c) may be cropped or otherwise edited only in accordance with the Guidelines;
d) must not be used in any way that is contrary to the Guidelines;
e) must not be used in a pornographic, defamatory, libelous, scandalous, misleading or other unlawful manner or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes;
f) must not be used in connection with a subject that would be unflattering or unduly controversial to a reasonable person; and
g) must not be falsely represented that you are the original creator of the Asset that is made up largely of the licensed Asset. For instance, you cannot create artwork based solely on the licensed Asset and claim that you are the author.
3. The Asset shall remain the property of the Site Owner.
4. The use of any logo or trademark appearing in the Asset must be used in a manner permitted by the logo or trademark owner and you warrant that you have the requisite permission. This licence does not grant any rights to use any logos or trademarks.
5. You shall not copy (electronically or otherwise) or use the Asset except for the purpose described in your Application, the Authorisation Notification and in accordance with the Guidelines.
6. You shall not alter, modify or adapt an Asset to the contrary of the Guidelines unless with the prior written consent of the Site Owner.
Fees
7. The Site Owner grants you a licence to use the Asset subject to the terms and conditions of this Agreement and the Guidelines in consideration of the fee payable in respect of the Asset. The fee payable in respect of each Asset is 1 peppercorn, if demanded by the Site Owner.
Warranties and indemnity
8. The Site Owner warrants the digital copy of the Asset in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Asset. To the fullest extent permitted by law, the Site Owner makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranty as to the minimum or maximum amount of time during which this site shall be accessible to you, and/or any warranty as to whether or not you shall be able to instantaneously download any Asset from this site at all times. Some jurisdictions do not permit the exclusion of implied warranties, and you may have other rights which may vary from jurisdiction to jurisdiction.
9. To the extent permitted by law, the Site Owner shall not be liable to you, your principal or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental or other damage or loss arising out of this Agreement, the Guidelines or otherwise.
10. You warrant that you will not access, view, download or attempt to download an Asset, datafile, or other material from this site which is in any way prohibited by or which breaches the Agreement, the Guidelines, the laws of the jurisdiction in which you are currently situated and/or permanently reside and/or conduct business and/or intend to use the Asset.
11. You hereby agree to indemnify the Site Owner against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered, paid or incurred by the Site Owner as a result of:
(a) you or your Principal's or any authorised person's use of an Asset, data file, or other material contained on this website;
(b) you or your Principal's or any authorised person's failure to fulfil any obligations imposed on you by this Agreement, the Guidelines or otherwise; or
(c) any other matter arising out of this Agreement, the Guidelines or otherwise.
12. Use of the Asset must be in compliance with the Agreement, the Guidelines, all applicable laws, including, but not limited to, laws and regulations relating to copyright and the law of moral rights.
13. You warrant that you will not breach any copyrights or moral rights of the content creator in relation to the Asset as set out in this Agreement, whether or not in the course of reproducing in a material form, publishing, transmitting or exhibiting the Asset or otherwise.
Privacy
14. Please refer to the privacy policy on the Site Owner’s website.
Jurisdiction
15. This Agreement is governed by the laws of the State of South Australia in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of South Australia.
Criteria for Application
16. The objective of the Domestic Campaign run by the Site Owner is to promote the consumption and sale of wine, both in Australia and overseas. Accordingly, the Site Owner may have regard to the following non-exclusive criteria when determining (in its sole discretion without having to provide any justification) whether to approve the Application and provide the Authorisation Notification in relation to you using the Asset:
a) whether you directly contribute to the Site Owner’s marketing activities through payment of legislated levies and charges;
b) whether the Site Owner is satisfied that you (including the brand and the label) have a reputable well-established presence in Australia and / or in other overseas markets;
c) whether you have received any ‘high ratings’ from reputable publications such as Wine Advocate, Decanter, James Halliday Wine Companion (“Reputable Wine Press”);
d) whether you have been the recipient of any Reputable Wine Press awards, and / or whether you have been the recipients of any silver or gold (or higher) medals at a wine show of an Australian state;
e) whether you actively promote grape products in a positive manner; and
f) whether you, or the company you represent, has engaged / alleged / associated in any act that might adversely affect Australian wine reputation, the export trade in wine or the Site Owner’s ability to successfully promote Australian wine domestically and / or overseas for example the (alleged) engagement in ‘copycat’ or disreputable act.
General
17. All rights to the Asset are owned by the Site Owner and / or its creators and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.
18. The Site Owner and the Asset's creator retain all rights not expressly granted by this Agreement.
Termination
19. The licence contained in this Agreement will:
a) terminate automatically without notice from the Site Owner if you, or your Principal if you are licensing on behalf of another person, fail to comply with any provision of this Agreement, Guidelines or otherwise; or
b) terminate on 7 days’ notice, through a public notification on the Site Owner’s website, for any reason.
20. Upon termination you, or your Principal if you are licensing on behalf of another person, must immediately:
(i) stop using the Asset, and
(ii) delete the Asset and all copies of it from all magnetic media and destroy all other copies or, upon the request of the Site Owner, return all such copies to the Site Owner.
21. The Site Owner reserves the right to discontinue the use of any Asset for any reason and / or to elect to replace the Asset with an alternate Asset. Upon notice from the Site Owner of any discontinuance of a licence for a particular Asset, the licence to use the discontinued Asset contained in this Agreement will terminate and you, and / or your Principal agree not to use the Asset in the future in any manner or form whatsoever.
22. You agree to comply with the Guidelines and the Site Owner reserves the right to update the Guidelines from time to time. By you continuing to use our Asset, you accept the updated terms of the Domestic Campaign Asset Guidelines, if any, which can be accessed on the Site Owner’s website.
23. The Site Owner may vary these Terms from time to time. Unless otherwise notified to the contrary, such modification will take effect upon being posted to the Site Owner’s website.