DEFINITIONS

In these terms and conditions,unless the context otherwise requires:

1. "Cellar" means the Cellar conducted by Cellarit at which the Client's Wine is stored.
2. "Cellarit", "we" or "us" means Cellarit Pty Limited (ABN 40 092 360 195)
3. "Container" means the storage container, carton, box or other storage device used for the storage of Wine at the Cellar.
4. "Client" or "you" means the person or entity who deals with Cellarit.
5. "Fair Use" means the Cellarit Fair Use policy as set out in these terms and conditions.
6. "Lodgment Documentation" means the documentation to be completed by the Client in relation to the delivery, deposit, storage, transportation or transfer of Wine to or at the Cellar.
7. "Terms of Use" means these terms and conditions, Cellarit's fees, charges and commissions as shown on its website and any concession or loyalty program offered by Cellarit on its website.
8. "Wine" means the wine, other alcoholic beverages or other goods lodged by the Client with Cellarit for storage in the Cellar or for sale.

APPLICATION AND VARIATION OF THESE TERMS AND CONDITIONS

These terms and conditions apply to any contract between Cellarit and the Client. They may be varied by us from time to time and we will notify you in writing of any variation which substantially affects the contract between us and you. Any variation will apply to the continued performance of the contract after the variation is made and, if required, notified to you, whether or not the contract was initially formed earlier.

FEES CHARGES AND COMMISSIONS

1. The fees charges and commissions charged by Cellarit to the Client are set out on Cellarit's website. We can:
   • change, add to or remove any of our fees
   • change the rates of our commissions
     either generally or for particular Clients or cases of Clients, by giving notice of the change in the monthly account statement sent by us to you, or by other written notice. The change will take effect from the 1st day of the 2nd month after the month in which notice is given (so that, for example, a change notified in September will take effect on 1st November), and you will be taken to have accepted the change if you:
   • do not give notice of termination of the contract before the change takes effect; or
   • continue to conduct transactions with us, or to store Wine with us, after the change takes effect.
2. The Client agrees to pay Cellarit's fees and charges including insurance premiums under the Master Policy arranged by Cellarit at the rates published on behalf of the Underwriter from time to time. Some clients may pay different rates and we will advise those customers of their rates separately.
3. Unless otherwise stated all published fees and charges are inclusive of Goods and Services Tax.
4. Cellarit accepts payment in several forms. However, we have the right to stipulate payment in any one of the following forms and exclude the others:
   1. Credit card
   2. Cheque
   3. Bank transfer (details below)
      Cellarit Pty Ltd
      BSB: 062-156 Account: 1008 3243
5. Where the Client has lodged credit card details with Cellarit, via phone, email, mail or by entering them directly into the Client's account after logging onto our website, you grant authority to us to use your credit card to pay for any and all fees and charges.
6. Accounts are payable within 7 days of invoice. If you have given us authority to charge payments to your credit card we may charge your credit card with amounts as they fall due to Cellarit or the Underwriter as the case may be.
7. A late fee of the greater of 5.0% or $10 will apply to overdue invoice amounts. If the account remains unsettled on the last business day of the month, a default fee of the greater of 5.0% or $10 will apply. These fees will continue each month until the account is paid in full into our account with cleared funds whether by credit card, cheque or bank transfer.
8. Cellarit has a lien on all Wine and Lodgment Documentation for all sums payable by you to us and for that purpose we have the right to sell the Wine by public auction or private treaty on giving you not less than 14 days' notice by email. We are entitled to recover any outstanding amounts owing plus any expense incurred in exercising our lien.
9. Cellarit has the right to prevent removal and/or delivery of Wine to accounts that are in arrears or when amounts will be due to Cellarit after removal. You must pay any monies owing, plus estimated storage charges not yet invoiced, handling and delivery fees to a new location should removal be requested. Removal by collection from our facilities may be permitted at our discretion upon payment in full of all monies owing, estimated storage charges not yet invoiced and handling-out fees. Any handling-out credits accrued on the account are forfeited.
10. Cellarit has the right to remove Wine from its premises with 14 days' notice by email for accounts that are in arrears.

GOVERNING LAW

Transactions between Cellarit and a Client are governed by the laws of the State of New South Wales, Australia.

PRIVACY POLICY

We appreciate that, in using Cellarit, you trust us with information about yourself and that you are rightly concerned that your personal information is not used or given to others carelessly or improperly. This page sets out our privacy policy. It describes the information we collect, how we safeguard it and how we may use it. By using Cellarit, you agree with the terms of our privacy policy.

What information do we collect?

We only collect information that is necessary for us to provide the Cellarit goods and services. This includes information that allows us to improve the services we offer and that allows you to consider related goods and services which you may find useful or interesting. The nature and quantity of information that we collect depends on the extent to which you use Cellarit. If you just browse pages on the site, we collect less information than if you choose to become a Cellarit member and use the full range of Cellarit services. Information we collect includes the following:

• Information that you provide
  To become a Cellarit member, you will need to provide us with details including your name, address, contact details, email address and date of birth. If you buy wine through Cellarit, you may also choose to give us your credit card details and other delivery addresses (such as your office address).
• Electronic information
  Whenever you access the Cellarit site, we collect and store information that is sent directly to our servers from your web browser. We also temporarily send small amounts of data to your browser. These are stored on your computer hard drive and are known as 'cookies'. Cookies allow us to identify who is using the site, making your use of the site quicker and more convenient by retrieving information that has been stored on our servers. For instance, if you had items in your shopping cart and left the site before completing your purchase, those items will appear in your shopping cart next time you access the site. Other information (for instance, the wine you own or, if you have chosen to store them, your credit card details) is only available after you submit your username and password. We may also use cookies in the future to collect data about the pages that you visit and how long you spend on them. This information will help us to continually improve the site and offer our members more of the content and features that they find useful.
• Email information
  We may choose to use technology that transmits a short confirmation to our servers when you open an email that we sent you. This lets us know that you have received the email and, in the case of special information or offers which may be emailed to you in the future, helps us provide information and offers of more interest to you.
• Other information
  We may get updated information about you from sources such as our shipping agents (for instance, that the address we have provided is out of date). We may also, at some time in the future, obtain information about you from sources not directly related to Cellarit. This will be solely for the purpose of giving you information or making offers to you that are tailored to your particular interests or needs. If we do obtain such information, we will only get it from organisations that adhere to a privacy policy that complies with the National Privacy Principles or any other law or code implemented to protect the privacy of individuals.

What if you don't want to provide us with information?

You can always choose not to provide us with information about yourself, but if you choose not to, you will not be able to become a Cellarit member and use Cellarit services. You can also disable the cookies function on your web browser. Information under the 'Help' menu should tell you how to do this. If you do disable cookies, you may not be able to use all the features of the site.

How we use the information we collect

We only use the information we collect to:

• Facilitate and ensure the integrity of transactions and the use of Cellarit services by members and site users;
• Improve the design, features and functions of the site;
• Provide information of interest to you; and
• Offer you goods or services.

Identifiers

We identify, access and retrieve your information by means of identifiers and codes generated by our system.

You can choose not to receive promotional material

If we send material to you promoting goods or services, it will always clearly identify how you can tell us that you don't want any more material sent to you.

We keep your information secure

We recognise the value you place on the privacy and security of your information. Once your data is on our servers, we ensure it cannot be accessed or tampered with by anyone unauthorised. Security features include:

• Requiring the entry of your username and password before your personal information is transmitted to a computer;
• Only employing staff in whom we have the highest confidence and ensuring that it is a condition of their service that they only access your information for proper reasons;
• 128 bit encryption technology
• Credit card data is not accessible by Cellarit staff. The details are encrypted before being stored. Only the last 4 digits are displayed after entry to remind you of your card details.

Protect your confidentiality

To ensure that unauthorised users can't access your information, please keep your username and password confidential and remember to sign out when you have finished using Cellarit.

We keep accurate data

We try to ensure that all our information about our members is complete, accurate and up-to-date. In many cases, we will only become aware that information is incorrect by accident (e.g. by a shipping agent telling us your address has changed) or because you tell us.

You can access and correct your information

We will provide you with access to the information that we hold about you whenever you reasonably request it. We can refuse you access to the extent that giving you access would:

• Pose a serious and imminent threat to the life or health of any individual;
• Have an unreasonable impact on someone else's privacy;
• Involve us in breaking a law or court order;
• Prejudice law enforcement or the maintaining of security; or
• Would not be required in any court proceedings or action between you and Cellarit (providing there are actually court proceedings or an action on foot, or a dispute, the resolution of which is being negotiated).

We may charge an access fee

Often, we will be able to give you access to information you request without difficulty or significant use of Cellarit resources. In such a case, we will provide access to your information without charge. In other cases, we may charge a fee for providing you with access to your information. The fee will not apply to lodging a request for access, but to the time and costs involved in actually providing access. It will not be unreasonable.

You can correct your information

You can contact us and request that we correct information that we hold about you if the information we hold is not accurate, complete and up-to-date. If we don't agree that the information needs correcting, we will take reasonable steps to link a statement to the information if you ask us to. The statement will record that you claim the information is not accurate, complete or up-to-date.

We will give you reasons

If we refuse to give you access to your information or to correct your information for some reason, we will provide you with the reasons for our refusal.

We can change this policy and/or the access fees we charge

We can change or add to this policy and/or the access fees we charge from time to time. If changes apply to specific customers only, we will notify those customers of the variations separately. Otherwise, the policy and access fees currently applying will be as displayed on this page.

Contact us

If you have any questions or concerns, please contact us. We will do our best to help.

WINE BUYERS

Cellarit practices responsible sale of alcohol License #36083323

Under the Liquor Control Reform Act 1998, it is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).

Restrictions on delivery to protect minors

We have also adopted measures to deal with the specific problems associated with the sale of alcohol over the Internet.

In particular, we require that deliveries of wine may only be made to a person who is over the age of 18. The couriers who make deliveries on behalf of Cellarit have written instructions that:

• if they have any doubt as to the age of the person taking delivery, they must confirm the age of the recipient by means of an appropriate photographic identification document; and
• they are not to leave wine at premises which are unoccupied at the time of delivery unless you provide instructions to do so.

Typographical Errors

The Cellarit Wine Market is designed to offer value & convenience to both wine buyers and wine sellers. Cellarit provides tools and software that enable wine sellers to list their wine 24x7 without Cellarit's intervention. Occasionally, a wine seller may make a typographical error of price or quantity that is not corrected prior to sale. In those circumstances and upon notification by the wine seller within 24 hours of the transaction, Cellarit will act as the sole arbiter to determine whether or not the transaction is to be rescinded in full or in part due to a listing error. Cellarit's liability is limited to promptly providing a full refund to the buyer. Cellarit may also hold the wine seller liable to pay the seller's commission as if the sale had proceeded.

Returns Policy

Cellarit sells "second-hand" wine on consignment, similar to wine auctions. Cellarit inspects all bottles when they enter our facility and makes every effort to note any significant defects. For example, a bottle might be noted as having an ullage (wine fill level) of "low shoulder" or there may be a "damaged capsule". References to label damage, such as "torn label" or "stained label" refer to the front label only. We also make every effort to note any signs of poor previous storage conditions, such as evidence of leakage. In the absence of any description to the contrary you can assume that the bottle is in good all-around condition for its age and type.

Although we make every effort to verify the outward condition of the bottle we can't guarantee the quality of what's inside the bottle. Even the best and most recent bottles may be "corked","off" or have other problems after the bottle is opened. The risk is greater for older bottles, especially those with low ullage levels. Also, movement during the delivery process can cause minor leakage. We regret that we cannot take responsibility for these problems as they are beyond our control.

When you purchase wine from us you are relying on our expertise to describe the outward condition of the bottle. At its sole discretion, Cellarit may accept a return if there is a significant difference between our description of the outward condition of the bottle and the actual outward condition of the bottle received (excluding transit damage): contact us by phone or email within 24 hours of receipt, describe the problem and supply photographs. We will notify you if we will accept a return and provide you with instructions. Under no circumstances will we accept a bottle for return once it has been opened or damaged.

If you insure your delivery using Cellarit's marine policy, underwritten by QBE Insurance, we will refund the cost of your purchase for any problem covered by the policy. You must keep the original packaging and bottles for inspection and notify us within 24 hours of receipt of any loss or damage. Please click here to view the terms & conditions of the policy.

Cancelled Orders

Cancellation prior to shipment

Cellarit will honour written requests, in the form of a reply to the order confirmation email, to cancel a purchase order provided that the order has not been dispatched for shipment. A refund of the amount paid, less a $10 clerical cancellation fee for each cancelled order, will be processed directly to the purchaser's credit card within 2 business days of the written request. Alternatively, the purchaser may request a Cellarit account credit to be used for future purchases.

Cancellation after the order has shipped

IIf the order has been dispatched for shipment the order is considered final. However, at its discretion, Cellarit may honour written cancellation requests, in the form of a reply to the order confirmation email, for a credit for future purchases for the wine portion of the order only. Credits will be processed within 2 business days of the written request. If we agree to a credit the following cancellation fees apply:

• a return delivery fee (min. $25);
• a return insurance fee of 1.50% of wine value
• a restocking fee of $15
• a $10 clerical fee

The above fees are an estimate of Cellarit's actual cost of processing cancelled orders. Refunds or credits are processed or applied net of the above cancellation fees.

WINE SELLERS

Legal Title

Wine sellers warrant that bottles lodged with Cellarit and listed for sale are the unencumbered property of the seller. Legal title passes to the buyer via Cellarit upon sale.

Consignment Sale

Wine sellers agree to appoint Cellarit as agent for the purpose of selling wine on consignment. Cellarit, at its sole discretion, may refuse or de-list a consignment if it is unsuitable for sale.

Wine Condition

Wine sellers warrant that all bottles lodged with Cellarit for sale have been properly stored and are in good condition. Properly stored means bottles have been kept in a cool and humid environment with minimal temperature variation. Good condition means that the seller is not aware of any faults in the wine itself. For example, this condition is violated if the seller has sampled a bottle and has found it to be "corked", "off" or otherwise faulty and as a result decides to sell other bottles of the same wine. Violation of this clause may result in payment to the seller being withheld if the buyer finds fault in the wine.

Listing or Withdrawing Wine for Sale

Wine sellers acknowledge they are in full control of the selling process via the tools provided to them on the Cellarit website. Specifically, sellers nominate the listing price and quantity of wine for sale and may change those prices and quantities at any time or withdraw bottles from sale.

Typographical Errors Made by the Seller

Typographical errors made by the seller in price and/or quantity are the responsibility of the seller. Sellers have 24 hours from the time of sale to notify Cellarit of a typographical error of this nature andwe, at our sole discretion, may cancel the sale and return the wine to the sellers account. In this event the commissions payable will be charged to the seller and a $10 administration fee will apply.

Typographical Errors Made by Cellarit

Sellers acknowledge they are responsible for reviewing the list of wine in their account and for notifying Cellarit of any typographical errors made by us. For example, if we enter a wine into your account with the wrong vintage or wrong description you will notify us of the error so the wine can be accurately described accordingly. Errors of this nature by Cellarit are rare but if a wine is sold in error as a result, the sale may be rescinded by us, the wine returned to the seller's account and the error corrected by accurately describing the wine. There will be no commissions or fees payable by the seller in this event.

Payment of Cellarit's Fees

Wine sellers acknowledge they are responsible for paying Cellarit's fees for wine storage and commissions. These fees and commissions are described on the Cellarit website and each month the seller will receive a detailed account statement via email. If the seller owes money at the end of the month, for example if there are no wine sales during the month, the seller will pay Cellarit any monies due by credit card, bank transfer or cheque within 15 days of receiving the account statement.

Payment to You

Wine sellers acknowledge that net proceeds of wine sales are paid on the 15th day of the month that follows the wine sales. For example, net proceeds for wine sales made during the month of February are paid on 15 March. All payments are made via Electronic Funds Transfer (EFT) only. Sellers will provide Cellarit with the necessary bank details accordingly.

Net proceeds means the sale proceeds of the wine less commissions and storage related fees and charges as detailed on the seller's monthly account statement sent via email. If the 15th day of the month following sales is a non-business day, payment will be made on the next business day.

GST

Clients acknowledge they are responsible for determining their GST obligations related to the sale of wine. Generally, individuals do not have any GST obligations. Wine sold by a business entity generally creates a GST obligation and the business must account for wine sales on their BAS statement. Cellarit does not offer advice on a seller's GST status or obligations and recommends that sellers seek expert advice accordingly. However, we do supply all of the necessary details to sellers that can be relied upon for the reporting of GST.

WINE STORAGE

The following conditions apply to the storage of wines at the Cellar.

Lodgment of Wine at the Cellar

1. Before lodging Wine for storage at the Cellar the Client must complete the Lodgment Documentation appropriate to the circumstances in which the Wine is to be deposited.
2. The Client represents and agrees in relation to Wine deposited:
   1. that the Wine will be accurately and adequately described in the Lodgment Documentation:
   2. that the Client is the sole owner or is otherwise lawfully entitled to store the Wine at the Cellar;
   3. that the Wine is not subject to any encumbrance or lien which might prevent or restrict the Client from lodging the Wine at the Cellar for storage and
   4. that the Wine is not and will not become dangerous goods.
3. While the Client's Wine continues to be stored in the Cellar you undertake to promptly notify us of any change to your current address, telephone number or email address.
4. The Client acknowledges and agrees that you have made your own enquiries as to the suitability and fitness of the Cellar for the purposes of storing your Wine and that you have not relied on any representation made by Cellarit or its representative.

General Wine Storage Terms

1. Unless otherwise agreed the only records as to the contents of Containers and Wine stored shall be records prepared and kept from information contained in the Lodgment Documents provided by the Client.
2. We may in our discretion open a Container if in our reasonable opinion it becomes necessary to determine the ownership nature or condition of Wine.
3. If Containers are damaged or otherwise require replacement from time to time Cellarit may in its absolute discretion repackage the wines into new Containers at your expense.
4. If in the opinion of Cellarit the Wine is or is likely to become dangerous goods we may destroy or dispose of the Wine without liability to the Client and without prejudice to its storage charges under these conditions.

Transportation of Wine

1. The Client expressly acknowledges and agrees that neither Cellarit nor any carrier or contractor is a common carrier and may refuse to carry wine in its absolute discretion.
2. If Cellarit or a carrier or subcontractor arranged by it is to pick up or deliver any Wine the Client shall pay the charges for carriage. Carriage shall be at the entire risk of the Client.

Other Matters

1. TThe waiver by Cellarit of any obligation of the Client shall not prevent the subsequent enforcement of that obligation.
2. Wine Storage services, including storage, handling, insurance and transport, may not be resold by a Client to any third party in any manner without the prior written approval of Cellarit We reserve the right to review any resale arrangements in whole or in part at any time.

RISK & INSURANCE

1. Storage: While Cellarit's facilities have sophisticated security arrangements and we take due care we do not accept any liability for loss or damage to wine, other alcoholic beverages and other goods ("Wine") held in our Cellar.
   1. Cellarit requires Clients to have insurance cover for their Wine and we will arrange this through the Master Insurance Policy for Wine Storage described below. All wine must be valued at cost or market value, whichever is greater. While we can assist in determining the market value of Wine and recommend that amounts insured allow for appreciation, it is the responsibility of the Client to select, review and, if necessary, update the amount of insurance cover required. Our software provides a link to a market value wine pricing service to aid the process of determining an appropriate market value.
   2. In the event the Client does not select the amount of insurance cover required, or Cellarit determines there is insufficient cover, the Client accepts that Cellarit we may, at our discretion, select, review or update values of Client Wine. We may assign individual values to each item or choose an average value per item such that the customer goods are fully insured in total. However, the Client acknowledges that when an average value per item is used the claim for individual items is the lesser of items average value or market value at the time of the claim.
   3. By using the Cellarit software to manage your wine storage account, you are deemed to have lodged an Insurance Application for coverage under the Master Policy and to have accepted the terms and conditions summarised below accordingly.
2. Transit: While Cellarit takes due care we do not accept any liability for loss or damage to Wine, in transit to or from its Cellar.
   1. Values: You are responsible for nominating the insured value per bottle via our software. That value will form the basis for any claim subject to the section below, "Wine Storage & Transit Insurance Claims". You may request an insurance valuation at any time.

Master Insurance Policy:

Wine Storage Cover

Cellarit has arranged a Master Insurance Policy with an Insurer the Underwriter (XL Insurance Company SE t/as Brooklyn Underwriting) to provide insurance to its Clients whilst their Wine is stored in its Cellar ("the Master Policy"). Cellarit will arrange insurance for your wine under the Master Policy via Aon Risk Services Australia Limited, AFSL 241141.

A summary of the storage insurance cover provided by the Underwriter under the Master Policy follows:

1. Cover: Cover is provided for burglary, theft, fire, lightning, explosion, earthquake, impact by aircraft or vehicles, accidental damage, malicious damage, vandalism, storm and tempest, rainwater and leakage from pipes. Cellarit will absorb the excess on all claims except for fire and/or explosion where an excess of $500 will be deducted from each customer's claim. In taking the insurance the Client warrants that the Wine is not otherwise insured.
2. Exclusions and limits: Transit damage, war, confiscation, vermin, wear and tear, mould, mildew, condensation, climatic conditions, flood and any consequential loss are excluded. Burglary and theft is limited on a per occurrence basis across all insured customers to an amount that Cellarit believes adequate given the physical difficulty of removing wine prior to response by security and police.
3. Cover Period: Cover commences on the date your Insurance Application is received and is extended monthly. By using the Cellarit software to indicate your wine values and request insurance cover, you are deemed to have lodged your Insurance Application and to have accepted the terms and conditions herein accordingly.
4. Premiums: Are detailed in your monthly invoice and are payable monthly in arrears as part of your total invoice payment by the 7th day of each calendar month at the published rates. If you are in arrears with payments of your monthly invoice you will not be covered. You may reinstate cover by paying your monthly invoice.

Wine Transit Cover

Cellarit has arranged a Marine Insurance Policy with an Insurer the Underwriter (QBE Insurance (Australia) Limited) to provide insurance to its Clients whilst their Wine is in transit ("the Master Policy"). Cellarit will arrange insurance for your wine under the Master Policy via Aon Risk Services Australia Limited, AFSL 241141.

A summary of the transit insurance cover provided by the Underwriter under the Master Policy follows:

1. Cover: Cover is provided for non-delivery, accidental damage, malicious damage, vandalism and theft, including loading and unloading, fire, lightning, explosion, earthquake, impact by aircraft or vehicles. In taking the insurance the Client warrants that the Wine is not otherwise insured.
2. Exclusions: War, confiscation, vermin, wear and tear, mould, mildew, condensation, climatic conditions, delivery delay and any consequential loss; transport fees.
3. Cover Period:
   • For wine in transit from Cellarit, cover commences when the Wine leaves the Cellar and ends when the Client signs for its receipt. In the event that the Client has provided instructions to us to leave the wine if it is not able to be signed for, coverage ends when the Wine is deposited at the location address. We will absorb the insurance excess for claims when wine is in transit from Cellarit.
   • For Wine in transit to Cellarit, cover commences when Cellarit or its subcontractor takes possession of the Wine and the Client signs a consignment note that accurately reflects the Wine in transit. Cover ends when the Wine enters the Cellar. There is an excess of $500 on each and every claim when wine is in transit because we cannot guarantee the quality of the packaging.

Note: Wine collected from the customer and transported to Cellarit's premises must be packaged properly to qualify for cover above the $500 excess as follows:

• in heavy-duty wine boxes
  • Cellarit can supply heavy-duty boxes/dividers for $6.00/box delivered, min. $30.00 per delivery
  • Wine in "original" cardboard or wood boxes is not suitable for safe transport.
  • Bottles should be removed and repacked or the entire original box can be packed into an additional outer carton.
  • Cellarit boxes will fit up to 2 x original 6-packs, 6 x individually boxed magnums, etc. plus cushioning material.
• with dividers between the bottles
• and bubble wrap or "cushioning" material, such as crumpled newspaper, all around the bottles
• and each box sealed with clear packing tape, available from hardware stores or Australia Post outlets

Your Duty of Disclosure:

Under the Insurance Contracts Act 1984 the Underwriter is required to advise you of your responsibilities in relation to the disclosure of relevant information as follows.

Before you enter into a contract of general insurance with an insurer you have a duty, under the Insurance Contracts Act 1984, to disclose to the Insurer every matter that you know or could reasonably be expected to know is relevant to the Insurer's decision whether to accept the risk of the insurance and if so, on what terms. You have the same duty to disclose those matters to the Insurer before you renew, extend, vary or reinstate a contract of general insurance. Your duty however does not require disclosure of a matter:

• That diminishes the risk to be undertaken by the Insurer;
• That is common knowledge;
• That your Insurer knows or, in the ordinary course of business, ought to know;
• As to which compliance with your duty is waived by the Insurer.

If you fail to comply with your duty of disclosure the Insurer may be entitled to reduce its liability under the contract in respect of a claim or may cancel the contract.

Wine Storage & Transit Insurance Claims:

Our software provides a mechanism to enter the value of each wine as well as a total insured amount during transit and/or storage and to modify the storage insurance value(s) at will. The most recent of these values will form the basis of any claim.

Cellarit and/or the Underwriter reserve the right to review and correct individual values or total values at any point. The Underwriter has final authority over acceptance of all claims and may settle claims by:

1. Replacing the insured items;
2. Making payment up to but not exceeding their declared value.

A $500 excess applies for each and every claim, however, we may absorb the excess at our sole discretion as detailed above.

All claims will be settled within 60 days of acceptance by the Underwriter.

COPYRIGHT & TRADE MARKS

Our copyright

Cellarit Pty Limited ABN 40 092 360 195 owns all copyright and other intellectual property in this web site and in the material and works that comprise the web site.

You may only copy or use any of the material or works in which we have rights if you:

• Copy or use it for non-commercial purposes;
• Do not modify it or change the way it appears;
• Include the copyright notice © Cellarit Pty Limited 2024 and any other relevant intellectual property notice in each copy or use;
• Comply with all relevant copyright, trade mark and other intellectual property laws;
• Do not use it in a way which is illegal or which infringes or violates Cellarit's or any other rights; and
• Comply with Cellarit's Terms of Use;

Copyright of third parties

You may be allowed to post reviews, comments or other material on the Cellarit web site. If you do so, you:

• Grant us a perpetual, non-exclusive, unrestricted, international licence ("the licence") of all your rights in the material to use, copy, publish, distribute and sub-licence it in any way;
• Acknowledge that we are not required to pay any fee or royalty for the licence, other than any benefit (such as Loyalty Program points) that you are entitled to under Cellarit's Terms of Use;
• Promise that you own all the intellectual property and other rights in the material and that, in granting the licence, you are not causing or allowing the rights of any other person, corporation or entity to be violated or infringed in any way, including, but not limited to, defaming them;
• Agree to indemnify us against any loss, damage or claim we suffer, including legal costs and expenses, as a result of your breaching these conditions;
• Agree not to post any material that is or may be considered to be unlawful, distasteful, offensive, pornographic, threatening or in the nature of advertising or promotion that is not permitted by our Terms of Use;
• Agree not to post any material that contains any virus or other code or instruction that may harm any computer system; and
• Acknowledge that we may remove any material from the Cellarit web site at any time and in our complete discretion.

Your copyright

Cellarit respects the copyright and other intellectual property rights of others. If you believe that we are infringing your rights in any way, please contact us immediately so that we can discuss and, if appropriate, try to remedy the matter.

Trade marks

Where indicated ®, the trade marks are registered in Australia. In addition to complying with the conditions set out above with regard to intellectual property rights, you must only use Cellarit's trade marks or apply them to any goods or services if the use or application:

• Is on or to Cellarit's goods or services;
• Does not or is not likely to deceive or confuse consumers; and
• Is authorised by us in writing, is subject to our control and complies with any other conditions which we stipulate.

Other trade marks on the site are the property of their respective owners and you must not use them in any way unless you have the express authority of those owners.

DISCLAIMER

By using the Cellarit web site or any Cellarit service you agree to Cellarit's Terms of Use and to the following conditions:

Limitation of liability

At Cellarit, we are committed to creating and serving a community of wine lovers and producers. We do everything we reasonably can to make sure that all our goods and services are of exceptional quality and that the information on our website is accurate and complete, HOWEVER:

Cellarit's liability with regard to any of our services is limited to:

• Supplying the services again; or, at our option,
• Paying the cost of having the services supplied again.

Cellarit's liability with regard to any goods we supply is limited to:

• Replacing the goods;
• Repairing the goods;
• Paying the cost of the goods or equivalent goods;
• Paying the cost of repairing the goods; or, at our option,
• Supplying equivalent goods.

With the exceptions just stated and as far as the law allows us to, Cellarit disclaims, and you release us from, all liability for any loss, damage, injury, cost or expense ("the losses") you may suffer or incur as a result of or in connection with your use of the site or any of our goods or services. This disclaimer and release (and those following) will be effective no matter what type of losses you suffer or incur and no matter what causes the losses. The following conditions do not detract from the generality of the limitation and disclaimer just stated.

Accuracy and completeness

Cellarit:

• Does not make, and expressly disclaims, any representation or warranty that the information provided on this website is accurate or complete; and
• Disclaims all liability for any losses you suffer or incur as a result of any inaccuracy or lack of completeness of the information on this web site.

Third party material on the site

Some material on this site ("the third party material"), including advertising, comment, opinions, reviews, criticism and links to other websites, is provided by third parties.

Cellarit:

• Does not necessarily share or support any opinions expressed in the third party material;
• Does not make, and expressly disclaims, any warranty or representation of the accuracy or completeness of any information contained in the third party material;
• Does not make, and expressly disclaims, any warranty or representation regarding the quality or fitness for their intended purpose of any goods or services referred to in the third party material;
• Disclaims any liability for any losses you may suffer or incur as a result of or in connection with the third party material or any goods or services referred to in it.

Risk of loss of goods

Cellarit disclaims all liability for any losses you may suffer or incur with regard to loss of or damage to goods in Storage.

Investment risk

Everyone's circumstances differ and what may be a good investment for one person will not be appropriate for another. Nothing on this web site constitutes investment advice. If you are considering investing in wine, you should also consider getting independent, personalised advice. You should also remember that past changes in the value of wine do not indicate how the value may change in the future.

System related losses

You should ensure that your computer, software and systems are protected against viruses and other damage that they may sustain. Cellarit does not make, and expressly disclaims, any representation or warranty that:

• Its computers and systems are free from viruses or other code or instructions that may cause damage to computers, software or computer systems; and
• Its computers and systems will operate without interruption to service.

We expressly disclaim all liability for any losses you suffer or incur as a result of any interruption to service or any virus or other code or instruction causing damage to computers, software or computer systems.

Termination

1. Clients may terminate their storage arrangements at any time and must then arrange to withdraw their wine. Storage and other fees and charges will continue to accrue until all the Client's Wine has been removed
2. Cellarit may terminate the provision of storage and other services by giving one (1) calendar month's notice by email or otherwise in writing.
3. Cellarit reserves the right to specify a reasonable period to make wine available for collection or despatch.
4. Fees and charges will apply inclusive of the day of collection or despatch.
5. Cellarit reserves the right to estimate final charges and require payment of those charges prior to collection or despatch.