Terms of Use

Last Updated: 01 November 2018

The following are terms of a legal agreement between you and Pirathon Wines Pty Ltd, also known as Pirathon who maintains this website. By accessing, browsing, and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.

 

Age requirement

You may only use this website if you are aged 18 years or over or otherwise over the legal drinking age in your country of residence. You must immediately exit the website if you do not meet these requirements.

Privacy and Personal information

By sending Pirathon any information or material, you agree that Pirathon and its affiliates may collect and use technical information, excluding any confidential information, gathered as part of the service provided to you. Pirathon may use this information solely to improve our products or to provide customized services to you. Any personal information submitted by you on this website is governed by our Privacy Policy

Subject matter and nature of processing 

Pirathon provides a Service whereby to access the User must supply personal information such as name, address and credit card details and/or create an account. Pirathon collects and uses customer info to send purchases, newsletters, keep purchase records, retain forum posts. You must keep your account username and password details confidential and secure at all times. You must not allow any other person to use your account, including any person under the age of 18. You are solely responsible for all activity that occurs on your account and must notify us immediately if you become aware of any unauthorised access to or use of your account. Our terms and conditions of sale govern any purchases you make from this website.

Duration

Pirathon will collect data on behalf of the User until the termination of the User's account. Upon termination, Pirathon will store the User's data for a period of 7 days, should the User wish to reopen the account to resume the use of the Pirathon's Service or to export data, unless instructed otherwise by the User. Pirathon deletes or returns all the personal data to the User after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data.

Parties’ rights and obligations 

The User's rights and obligations regarding User Data are provided in these Terms. Pirathon ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Pirathon takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679 and we undertake to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the User.

User Data

In regards to the protection of user data, Pirathon will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Data as described in the security policy above. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of User Data by Pirathon personnel except (a) to provide the Service and prevent or address service or technical problems, (b) as compelled by law in accordance, or (c) as a User or User expressly permit in writing.

The Services are performed using equipment or facilities located in the United States. Pirathon's US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission). This provides legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed by Pirathon customers when using the Service will receive from Pirathon and its service providers located outside the EU an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).

For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the User (data subject) and Pirathon as both the data controller and the data processor (Pirathon are the data processor in instances where the User makes use of a Metered License). The User hereby instructs Pirathon to control and process the data as described in these Terms.

Pirathon is not obliged to pre-screen, monitor or filter any User Data or acts of its processing by the User in order to discover any unlawful nature therein. However, if such unlawful User Data or the action of its unlawful processing is discovered or brought to the attention of Pirathon or if there is reason to believe that certain User Data is unlawful, we have the right to:

  1. notify the User of such unlawful User Data;
  2. deny its publication on the Web Site or its insertion to the System;
  3. demand that the User bring the unlawful User Data into compliance with these Terms and applicable law;
  4. temporarily or permanently remove the unlawful User Data from the Web Site or Account, restrict access to it or delete it.

If Pirathon is presented convincing evidence that the User Data is not unlawful, we may, at our sole discretion, restore such User Data, which was removed from the Web Site or Account or access to which was restricted.

In addition, in the event Pirathon believes in its sole discretion User Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such User Data at any time with or without notice. Without limiting the generality of the preceding sentence, Pirathon complies with the Digital Millennium Copyright Act, and will remove User Data from the Platform upon receipt of a compliant takedown notice.

Pirathon as the data controller will assist the User as the data subject in meeting the User's obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679.

Customer Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Anyone under the age of 18 years old cannot hold an account with Pirathon Wines Pty Ltd. Pirathon Wines Pty Ltd and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Disclaimer

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Pirathon may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Pirathon assumes no responsibility regarding the accuracy of the information that is provided by Pirathon and use of such information is at the recipient's own risk. Pirathon provides no assurances that any reported problems may be resolved with the use of any information that Pirathon provides.

To the maximum extent permitted by law, all warranties in respect of this website and the information contained in it (including the content of or use of this site, the security of your computer in accessing this site, computer viruses, the availability, uptime and security of this site and the integrity of data accessed through this site) are excluded.

If a product offered by Pirathon Wines Pty Ltd itself is not as described, your sole remedy is to return it in unused condition. 

Pirathon makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Pirathon web site, even one that may contain the Pirathon logo, please understand that it is independent from Pirathon and that Pirathon has no control over the content on that web site. In addition, a link to a non-Pirathon web site does not mean that Pirathon endorses or accepts any responsibility for the content or the use of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

IN NO EVENT WILL Pirathon BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY Pirathon ON AN "AS IS" BASIS ONLY. Pirathon PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

Pirathon may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.