Terms

Conditions of use Holm Oak Vineyards websites

This is the home site of Holm Oak Vineyards Pty Limited ABN 1511 815 8070

(“Holm Oak”) owner of the Holm Oak, Wizard, Pig & d’Pooch brands. These Conditions of Use (“Conditions”) govern the use of this and any other site that may from time to time be published by Holm Oak, including web sites specifically tailored for access by mobile devices (“the web sites”).

1) Acceptance of these conditions

By accessing and using the web sites, you are deemed to have agreed to the Conditions in their entirety. The Conditions may be varied from time to time by Holm Oak, and you are deemed to have accepted any variation once it is placed on the web site. You should check the site regularly to view the latest version of the Conditions.

2) Website Content

Copyright in all materials appearing on this web site is, except where noted to the contrary, the property of Holm Oak and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by Holm Oak.

Holm Oak does not represent that any information (including any file) obtained from or through this web site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Holm Oak is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of the Holm Oak web sites and material from them remains with you. You also waive any and all claims that you may have against Holm Oak otherwise arising out of or in connection with your use of this web site.

3) Privacy

Holm Oak Vineyards is committed to maintaining the privacy and confidentiality of your personal information. We will adhere to the National Privacy Principles (NPPs) when collecting, using, disclosing, securing and providing access to personal information.

We endeavour to take all reasonable steps to protect your personal data, but cannot guarantee the security of any data you disclose online. By supplying us with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Holm Oak Vineyards responsible for any breach of security unless we have been negligent or in wilful default of our duties to you.

Individuals have a right to request access to personal information that we hold about them. If you believe that your personal information we hold about you is not accurate, you may request that we correct it. Holm Oak Vineyards’ full Privacy policy can be found by clicking here.

4) Use of this Web Site

You must be of legal drinking age to access this web site.

a) You may:
(i) view the web site; (ii) make a printed copy; and/or (iii) download part or all of the web site onto the local hard drive of the computer used to access this site, only for the purposes of personal use, information, research, or study.

(b) Other than as set out in (a) above, you must not reproduce, copy or download any information on the web site, without Holm Oak’ express written permission.

(d) You access and use the web site at your own risk.

5) Use of the Holm Oak Online Store

It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. If we have reason to believe that a person ordering wine is not 18 years of age or older, we reserve the right to refuse the order.

If you purchase products from Holm Oak, you warrant to us that:
• you are over the age of 18 years; and
• any person that you are obtaining the products for, or supply the products to, is over the age of 18 years

The contract between you and Holm Oak for the supply of goods purchased from the Online store (“the Contract”) only comes into existence when Holm Oak accepts your order. Holm Oak will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract.

Anyone at the nominated delivery address who receives the goods shall be presumed by Holm Oak to be authorised to receive the goods.

While Holm Oak will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any Loss resulting from late delivery.

Risk and title in the goods passes to you upon delivery of the goods to the Delivery Address.

Holm Oak’s prices, products, discounts and offers are subject to change and can be withdrawn at any time without notice. The price payable for the goods is the price applicable on the date when Holm Oak confirms your order.

Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).

The new member welcome gift of $30 is only available to customers who subscribe to the Holm Oak enewsletter and are logged in to their online customer account and for purchases of 6 bottles or more. The offer is only available on selected full priced items and not combinable with any other offers or discounts. The offer can only be used once per customer by the email recipient of the offer.

6) Ownership of material on this web site

You acknowledge that all material on the web site is owned by Holm Oak, or used by Holm Oak under licence from third parties. You must not do anything which is inconsistent with these rights of ownership.

In particular, certain trademarks, logos and images (collectively “Images”) appear on this web site. These Images belong to Holm Oak or third parties to Holm Oak and are protected by relevant intellectual property laws. Nothing in the web site shall be taken to grant a user any license or right of use or any Images without the express written permission of the owners of those Images.

7) Links

(a) You acknowledge that any links to third party web sites found on the web sites are provided purely for your convenience. The provision of any links shall not be taken as any form of endorsement of third party web sites by Holm Oak.

(b) As Holm Oak does not own third party web sites, it is not responsible for the content, access, reliability, function or condition of third party web sites nor is Holm Oak liable for any goods and services you may order through third party web sites. You access and use third party web sites via the Holm Oak web sites at your own risk.

8) Disclaimer and Exclusion of liability for use of web site

To the fullest extent possible under the law, Holm Oak excludes all implied conditions and warranties in connection with the use of the web site or material appearing on the web site. Holm Oak does not, however, exclude liability which cannot be excluded under the Australian Consumer Law (Cth) or similar state or territory legislation.

In particular:

(a) Whilst Holm Oak endeavours to ensure that information on the web site is current and up to date, Holm Oak makes no representations and gives no warranties regarding the accuracy, completeness or reliability of any material on the web site.

(b) Holm Oak gives no warranties or guarantees regarding access to or functionality of the web sites and accepts no responsibility or liability for any delays or faults in the operation, function or access to the web site.

(c) Holm Oak gives no warranty that the web sites are free of viruses, or anything else that may interfere with or cause damage to your computer systems. You should take whatever steps are required to protect your own equipment from any potential damage. Furthermore, Holm Oak accepts no liability for any loss, damage, harm or claims, howsoever arising, whether direct, indirect or consequential and whether or not due to Holm Oak’s negligence, arising out of or in connection with your use of the web sites or the material appearing on them.

9) Indemnity

You agree to indemnify Holm Oak and to hold it harmless against all claims, losses, actions, proceedings, cost and damages arising from:

(a) any breach of the Conditions by you;

(b) any reliance by you on any material or information obtained through the Holm Oak web sites (whether or not the material is obtained via links);

10) Confidentiality

Holm Oak Vineyards reserves the right to disclose information regarding users of the Holm Oak Vineyards service to third parties, provided that the information will not specifically identify you or any personal information supplied by you. We will never sell or trade your personal information to third parties.

11) Notices

Holm Oak Vineyards may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.

12) Miscellaneous

All specials, promotions, clearances, offers and discounted items advertised on the Holm Oak website are available only while stocks last unless otherwise advertised. If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document.

Licence class : Producer’s License; Licence number: 65783;

Name of licensee: Holm Oak Vineyards Pty Ltd

Address of premises: 11 West Bay Road (Highway C724)
Rowella, Tasmania 7270

WARNING Under the Liquor Control Act 1988 it is an offence to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises

Terms & Conditions – Mix Up Your Moscato Competition 2023

October 2023 – January 2024

Who is running the competition?	The Promoter is Holm Oak Vineyards (ABN 81 790 358 661), 11 West Bay Road (Highway C724), Rowella, Tasmania 7270 Phone: 03 6394 7577
When will the competition start and end?	The competition starts on Thursday 19 October 2023, 4pm AEST and ends on Wednesday 31 January 2024, 11pm AEST (the Competition Period).
Who can enter?	Only Australian residents aged 18 or over can enter.
Who can’t enter?	Directors, officers, management and employees of: (a)the Promoter; or (b)the agencies or companies or participating outlets associated with this competition, and their immediate families, can’t enter.
Where will the competition run?	The competition will run on Instagram. This competition is in no way sponsored, endorsed or administered by, or associated with Instagram.
Do I need to buy anything to enter?	It is not a condition of entry, however, the Moscato shown in the image needs to be Holm Oak Pig & d’Pooch or Duffy Moscato.
Entry instructions	To enter via Instagram, entrants must, during the Competition Period, be following @holmoak, post an image of a Moscato scene using Pig & d’Pooch or Duffy Moscato. Tag @holmoak and use #mixupyourmoscato.
How many winners will there be and how will they be chosen?	There will be one winner. The winner will be selected randomly. The Promoter may draw additional reserve entries and record them in order, in case the winning entry/entrant is deemed invalid, or a prize is unclaimed (Reserve Entrants).
What can I win?	The prize consists of a year’s membership of the Holm Oak Moscato Society with a minimum of 12 bottles of Moscato delivered to your door during that year. In addition, the membership entitles you to 15% off all Holm Oak current release wines, free shipping when you spend over $100. Total valued of $230
Total prize pool	The total prize pool is up to $230
How many times can I enter?	You can enter as many times as you like. Each entry must be submitted separately in accordance with these Terms and Conditions.
How and when will the winner be informed?	If you are the winner, you will be informed by direct message via the platform the entrant has entered the competition within two days of the draw and your name or username will be published to Instagram Stories on Friday 2 February 2024 for a period of 24 hours.
Must I keep anything to verify my entry?	No
If I win, when must I claim my prize?	You must claim your prize by Monday 5 February 2024 5pm AEST. You must respond to the direct message with your delivery details and confirmation of acceptance of the prize.
What if I don’t claim my prize on time?	The Promoter may draw additional reserve entries and record them in order, in case the winning entry/entrant is deemed invalid, or a prize is unclaimed (Reserve Entrants).

These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.

Entry

Your entry must be received during the Competition Period.

To enter via Instagram, entrants must, during the Competition Period, be following @holmoak and post a Moscato image to Instagram, tag @holmoak and #mixupyourmoscato. If you have a Private Instagram account, you can enter by following @holmoak and sending the image as a Direct Message to Holm Oak’s Instagram account.

Prizes

If you win, your prize will be a year’s membership of the Holm Oak Moscato Society. Value is $230
The prize is subject to any additional conditions of the prize supplier/s.
If an event or activity included in the prize is abandoned, called off or postponed for any reason, you and your companions forfeit your entitlement to that prize element and you will not be given any cash or alternative tickets as a substitute for attending the event or activity.

General

If you are a winner, you (and your companions) must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You (and your companions) consent to the Promoter using your names and images in any promotional or advertising activity.
By entering you give permission for Holm Oak Wines to use your Moscato image.
If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if you are unable to take the prize on the dates specified by the Promoter, your entry (or at the Promoter’s discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter’s satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
You must not:
1. tamper with the entry process;
2. engage in any conduct that may jeopardise the fair and proper conduct of the competition;
3. act in a disruptive, annoying, threatening, abusive or harassing manner;
4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
5. breach any law; or
6. behave in a way that is otherwise inappropriate.
You are responsible for your companions and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or any of your companions if they breaches these conditions, whether or not legally bound by them.
If you (or your companions, if applicable), in the opinion of the Promoter (and/or a medical professional, as required), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you (and your companions) from participating in any elements of the prize, at its discretion.
The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
The Promoter’s decision in connection with all aspects of this competition is final.
Prizes cannot be transferred or exchanged nor redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
By entering, you request that your full address not be published.
By accepting or participating in any prize, your companions accept these Terms and Conditions.
If this competition cannot run as planned for any reason beyond the Promoter’s control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
Enjoy alcohol responsibly. Consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol – see: https://www.nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol

Liability

Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of the prize.
The Promoter may communicate or advertise this competition using Facebook or Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You provide your information to the Promoter and not to Facebook or Instagram. You completely release Facebook and Instagram from any and all liability.

Collection and use of your personal information

The information you and your companion provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect your (and your companions’) personal information (including through its contractors or agents) or disclose your (and your companions’) personal information to its contractors and agents to assist in conducting this competition or communicating with you (and your companions). You can update your personal information or request access to the personal information the Promoter holds about you by contacting the Promoter. All correspondence should be to the attention of the Privacy Officer. A copy of the Promoter’s privacy policy can be obtained from the Promoter or from the Promoter’s website at holmoakvineyards.com.au and contains information about:
1. how you/your companions can seek access to the personal information the Promoter holds about you/them and seek the correction of such information;
2. how you/your companions can complain about a privacy breach and how the Promoter will deal with such a complaint; and
3. whether your/your companions’ personal information the Promoter holds will be provided to overseas companies, and if so, in which countries those companies are located