1. These Product Terms and Conditions are presented by Smartvisit Solutions Australia, ABN 46 096 253 093, of Suite 303, 272 Pacific Hwy Crows Nest Australia 2065 (Marketing Program Operator). 2. By accepting ownership of the Product and by signing the reverse of the card included in the Product (Card), the Customer agrees to be bound by these Product Terms and Conditions. 3. The Product gives the Customer the opportunity to receive certain benefits (Entitlements) when they visit certain retail food establishments, winery cellar doors or shops (Merchants) when they redeem Cheese & Wine Trail vouchers, Cellar Door Voucher(s), or wine reward point(s). 4. In some instances, the Customer’s ability to receive the same Entitlements at the same Merchant may be limited on a daily basis. For example, only one Cellar Door Voucher may be redeemed per winery cellar door per day. 5. The Product and any access or right to receive any Entitlement will expire 12 months from its date of purchase of the Product. 6. The Customer may only access the Entitlements through the presentation of a plastic, credit card sized Card, bearing the logo of the Product, which has been electronically programmed to provide the Entitlements to the Customer. The Card will be electronically programmed at the time of delivery of the Card to the Customer. 7. On first use of the Card, the Card holder must ensure that the Card is signed by them. Access to the Entitlements is limited to only the person who has signed the Card. The Card is not transferable. 8. No replacements or refunds are offered if the Card is lost or stolen. 9. The Product includes a directory (Directory) which merely provides information relating to the benefits that may be provided by certain Merchants to the Customer during its validity period. The Marketing Program Operator has made reasonable endeavours to ensure that the Directory is accurate and current at the date of publication, but such benefits may be varied at the discretion of the participating Merchants or the Marketing Program Operator. Before relying on the information provided in the Directory, the Customer should directly contact the Merchants to confirm the authenticity and accuracy of the information provided in the Directory or visit the Product as detailed in the Directory. 10. A Merchant will be entitled to exercise its usual discretion in determining whether or not to accept a Card or provide any particular Entitlement. A Merchant will not be required to accept a Card or provide an Entitlement contrary to its legal obligations, including those under any liquor licensing and control legislation pertaining to the operation of the Merchant’s business. 11. The decision whether or not to accept a Card or provide an Entitlement shall be solely that of the Merchant and the Marketing Program Operator accepts no responsibility or liability in connection with that decision. 12. The Marketing Program Operator takes no responsibility or liability for the conduct, quality, safety or availability of, or any other thing related to, the Entitlements, with such responsibility being borne exclusively by the relevant Merchants. 13. The decision to take advantage of the opportunities provided by the Product is strictly at the discretion of the Customer and any unused Entitlements, at the time of the expiry of the Card, are not refundable or transferable. 14. The Marketing Program Operator has compiled the material in the Directory, but the Merchants have arranged the Entitlements. The use of the Directory and Card is at the Customer’s own risk. 15. To the extent permitted by law, the Marketing Program Operator makes no warranties about the accuracy or completeness of any material in the Directory or that the Card or the Entitlements will attain any particular service standards, be available, be free of defects, be safe or be fit for any particular purpose. 16. The Marketing Program Operator limits its liability for warranties, expressed in or implied by statute or otherwise, to the Customer to resupplying the relevant Entitlements. 17. To the extent permitted by law, the Marketing Program Operator disclaims all liability arising out of, or consequent upon, the Customer’s use of the Card or Directory. 18. The Customer indemnifies, and will keep indemnified and hold harmless, the Marketing Program Operator against any loss or damage suffered by the Customer or any third party as a result of the Customer’s use of the Card or Directory or any Entitlement or breach of any of these terms and conditions. 19. All intellectual property rights used or embodied in, or connected with, the Product, the Card or the Directory, or any related material, are owned by or licensed to the Marketing Program Operator. The Customer must not use, reproduce, distribute, modify or adapt, or in any other way interfere with, such intellectual property rights. 20. Neither these Product Terms and Conditions, nor the Directory, nor any offer of a Product, constitutes or contains an agreement or offer for sale, barter, exchange or supply of wine. No wine is exposed for sale under the Product, Directory or Card. 21. No provision of these Product Terms and Conditions shall limit any other such provision and all such provisions shall be construed independently.
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