To offer to purchase any Goods or Services in a Deal, post messages on the Discussion Board, or use any other function offered on the Website you must create an account to become a Member. As part of registration a user must provide the information we require and agree to these Membership Terms and the General Terms and Conditions of use.
Your confirmed use of your account will be evidence of your agreement to the then current Membership Terms and Website Terms. These may be updated from time to time in the manner set out in these Membership Terms or Website Terms as applicable.
In becoming a Member you will provide us with certain information. You confirm that this information is current, complete and accurate at the time you provide it, and you agree to maintain and update this information as required to keep it so.
We may use the information provided by you on registration to verify the accuracy of that information (including using the information to contact you).
Direct Wines may securely store and use credit card or other payment account information provided by you on registration to make withdrawals from your account in exchange for payment for any Goods or Services in a confirmed Deal.
Direct Wines is the seller of the Goods and/or Services promoted on the Website and is solely responsible for redeeming any Goods and/or Services you purchase. We act as an agent for Direct Wines in the sale and purchase of Goods and/or Services in a Deal and receive a commission from Direct Wines for facilitating the Deal.
To make an offer to purchase a Deal you must be registered as a Member. By placing an order for a Deal, you make an offer to us to purchase the Goods or Services that are the subject of the Deal you have selected on the terms and conditions stated below (the Offer).
Once the number of Offers has reached the Redemption Level and the Website states "The Deal is On" this will constitute acceptance of the Offer and confirmation of the Deal.
You must keep the Offer open until:
the number of offers meets the Redemption Level and we accept the Offer; or
the Redemption Level is not met by the period specified in the Deal and the Deal expires.
Payment for the Goods or Services will be charged to your nominated credit card by Direct Wines following confirmation of the Deal. All transactions are billed in New Zealand dollars.
The Coupon you are provided through us is only redeemable in respect of the Goods and/ or Services as advertised in the specific Deal on the Website and will be subject to the terms and conditions of the Merchant whether or not these are displayed on the Website.
The Coupon you are provided through us will have a unique identification code and can only be redeemed once by the holder of the Coupon. Once the Coupon has been redeemed it is no longer valid.
The Coupon is your sole responsibility. Neither we nor the Merchant will be responsible for damaged, lost or stolen Coupons.
Coupons cannot be combined with any other offers, coupons,, or promotions, unless otherwise specified by the Merchant. Coupons are redeemable in their entirety only and may not be redeemable incrementally. The number of Coupons redeemable by each Buyer in relation to a specific Deal will be determined by the Merchant.
All Coupons will expire on the date specified on the Coupon.
The use of Coupons for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law
The reproduction, sale or trade of any Coupon is prohibited unless authorised by the Merchant or otherwise done so in compliance with the law.
Any attempted redemption not consistent with these Terms will render the Coupon null and void.
The Coupon you are provided through us is not permitted for resale.
You must be at least 18 years old to purchase Liquor from www.grabonebottle.co.nz as detailed in the Sale of Liquor Act.
You will not post or transmit any Content on the Website that:
is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;
without limiting clause 3.1(1), is or is reasonably likely to be unsuitable for persons under the age of 18 years;
infringes the intellectual property rights of any person;
you know or suspect to be false or misleading;
contains any virus or other destructive component;
is prohibited by or violates any applicable law or regulation; or
otherwise breaches the Terms.
You will not do any of the following (either directly or indirectly) while using the Website:
defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
commit or encourage a criminal offence;
disrupt an exchange of information between users or otherwise act in a manner that negatively affects other users.
You will ensure that any use you make of the Website will be made in good faith.
You must ensure that any username and password you have as a Member is kept secure and confidential and not revealed to any other person. Any instruction issued using your username and/or password will be deemed to be an instruction by you and may be acted upon accordingly until you notify us otherwise. You agree to notify us immediately of any unauthorised use of your username and/or password or any other breach of security. Upon your notification we will cease to rely on that username and password.
You waive any claim against us in respect of or arising from any reliance by us upon any use of your username and/or password, including us disclosing information relating to your registration and/or affairs with us.
You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:
reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account details (including your username and/or password);
your failure to complete any transaction that the Website may have facilitated;
your breach of any of these Terms; or
any conduct of yours or any transaction entered into by you that does not comply with the relevant law.
The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Membership Terms must in all cases be read subject to those statutory provisions.
Subject to clause 4.1, we exclude all responsibility in relation to the Goods and/or Services supplied in a Deal. If any issue does arise, you will have recourse directly against the Merchant.
You or we may terminate this agreement at any time. Without limiting the foregoing, we have the right to immediately terminate any Member accounts in the event of any conduct by the Member which we, in our sole discretion, consider to be unacceptable, or in the event of a failure by the Member to comply with any of these Membership Terms.
You agree that we may disclose your personal information (including but not limited to your name and contact details) to the relevant authorities, any internet search provider that you use to access the Website, and/or the applicable intellectual property rights holders (or their representatives) if we consider you are infringing the intellectual property rights of any person.
We may also disclose any information we consider in our absolute discretion we are required to in order to satisfy any applicable law, regulation, legal process or government request.
7.1 We reserve the right to change, alter or modify these Membership Terms at any time provided we inform you of this by updating the “last updated” notice beside the link to these Membership Terms. By continuing to access the Website after we have made any changes, alterations or modifications to the Membership Terms you agree to be bound by the amended Membership Terms. You should check from time to time to see if these Membership Terms have changed.