Terms and Conditions

GrabOne Bottle General Terms and Conditions of Use

Acceptance of Terms and Conditions

Thank you for visiting www.grabonebottle.co.nz (the Website). You acknowledge that by accessing and using this Website you agree to be bound by the following terms and conditions (Terms). Please read these Terms carefully. If you do not accept these Terms, please refrain from using the Website.

1. Intended Meanings for Certain Words back to top In these Terms, the following words have the meanings set out as follows:
   • "Content" means any software, data, information, pictures, graphics and other materials published or made available on the website, including the Third Party Content and any user generated
   • "Deal" means the Goods and/ Content being offered by Direct Wines at a discounted rate and promoted through the Website.
   • "Discussion Board" means an online forum where information can be viewed and shared by Members through facilities available on the Website.
   • "Goods" means any goods that are offered by Direct Wines.
   • "Member" means a user that has completed our registration process and created an account.
   • "Redemption Level" means the minimum number of Members that are required to have made an offer to buy Goods or Services before a Deal can be confirmed.
   • "Services" means any services that are offered by Direct Wines.
   • "Subscriber" means a user that has signed up to receive email communications about Deals.
   • "user" means any user of the Website.
   • "we", "us" and "our" are a reference to GrabOne Ltd as agent for and on behalf of Direct Wines Limited, the seller of the wine.
   • "you" and "your" are a reference to you.
2. Operation of Website back to top
   1. We provide a group purchasing service. This service consists of GrabOne Bottle and Direct Wines offering discounted prices for goods or services if certain volumes of goods or services are purchased. We work with Direct Wines to agree a price linked to volume which we believe will appeal to Subscribers and Members and then promote these Deals to our Subscribers and Members.
   2. If you wish to receive email communications about Deals you will need to agree to the Subscriber Terms
   3. If you wish to purchase a Deal you will need to complete the Member registration process and agree to the Membership Terms.
3. Conduct of Users back to top
   1. You agree not to do any of the following (either directly or indirectly) while using the Website:
      1. hack into any part of the Website;
      2. transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;
      3. breach any applicable law or regulation; or
      4. engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.
   2. Please refer to the Subscriber Terms and Membership Terms for further information on prohibited user conduct.
4. Intellectual Property back to top
   1. You acknowledge that any content displayed or made available through the Website is the exclusive property of GrabOne and Direct Wines or used with the express permission of the copyright and/or trademark owner. No content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
   2. "GrabOne Bottle" is our trade mark. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trade marks appearing on the Website are the property of their respective owners.
5. Website Content back to top
   1. We are a distributor (and not publisher) of content supplied by third parties including Merchants and other users of the Website (Third Party Content). As a result, subject to clause 9.1:
      1. we do not endorse, warrant or make any representation about any Third Party Content transmitted via or posted on the Website and you acknowledge that we have not independently verified any of the information contained in the Third Party Content;
      2. we take no responsibility for the Third Party Content or for any inaccuracy or omission contained in it.
   2. We do not control and therefore are not responsible for any communication between you and any other user of the Website that may have been initiated as a result of use of the Website.
   3. The views expressed in Third Party Content may not be our views. While we will endeavour to monitor Third Party Content and exercise editorial control where possible, you acknowledge that you use and rely on the Third Party Content obtained through this Website at your own risk.
   4. We may at any time:
      1. refuse to post any Content that we in our absolute discretion consider will breach the Terms or is otherwise inappropriate for the Website; or
      2. edit or remove Content where we determine (acting reasonably) that the Content breaches these Terms or is otherwise inappropriate for the Website.
   5. Where Content has been provided by us, it has been prepared and provided free of charge and solely for informational purposes. Subject to clause 9.1, we do not warrant or make any representation about any Content we have provided for informational purposes.
   6. You understand and agree that, subject to clause 9.1, any Content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any and all damage to your computer system or loss of data.
6. Changes back to top
   1. We have the right at any time and without notice to remove, amend and/or vary any of the Content which appears on the Website or cease operating the Website in whole or in part.
   2. We reserve the right to change, alter or modify these Terms at any time and will update you of this by updating the "last updated" notice beside the link to these Terms. By continuing to access the Website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.
7. Privacy and Personal Information back to top
   1. Please refer to the Privacy Policy for further conditions relating to your personal information (the terms of such Privacy Policy are incorporated into these Terms).
8. Links back to top
   1. The Website may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
9. Liability back to top
   1. The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.
   2. Subject to the above paragraph you expressly understand and agree that we make no warranties that:
      1. the Website will meet your requirements; or
      2. the Website will operate uninterrupted, secure or error–free.
   3. Subject to clause 9.1, to the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Website and we will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits). Where any such liability cannot be excluded then, subject to clause 9.1, we limit our liability to the greater of $50 or the price you have paid for the deal.
   4. Subject to clause 9.1, we exclude all responsibility in relation to the Goods and/or Services supplied under a Deal. If any issue does arise, you will have recourse directly against the Merchant.
10. Severability back to top
    1. If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
11. Dispute Resolution back to top
    1. Where any dispute arises between you and another user of the Website (including any Merchant) you agree in good faith to use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
12. Law back to top
    1. These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
13. Contact back to top
    1. If you have any questions or concerns in relation to the Website or these Terms and please Contact Us.