Website Terms and Conditions
1.1 Firstly thank you for choosing Vietnam Wine Tours (ABN 82 509 145 592) (“VWT”). Your business is greatly appreciated by VWT.
1.2 These are the terms and conditions which govern your use of the VWT website, www.vietnamwinetours.com (the “Site”).
(1) VWT Booking Terms and Conditions (see http://www.vietnamwinetours.com/booking-terms-and-conditions/).
(3) Any other terms and conditions VWT provides to you from time to time.
1.4 The Site is owned and operated by VWT. You should always check these terms and conditions every time you visit the Site as VWT may make changes to it from time to time without letting you know.
2.1 You warrant that:
(1) you are over the age of 18;
(2) your use of the Site creates legal binding obligations for any liability you may incur as a result of using the Site; and
(3) the information you supply via the Site will be accurate and not misleading, deceptive or likely to be misled or deceive.
2.2 You indemnify VWT and its officers, employees and agents against all losses, costs, damages, claims and expenses arising from any breach of the Complete Agreement by you or any claim made by a third party against VWT as a result of your use of the Site.
3 Accounts and use of Site
3.1 You may create a personal account for yourself using the Site.
3.2 You must not:
(1) use another person’s personal information, including name, login details or password without permission;
(2) make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site;
(3) tamper with, hinder the operation of or make unauthorised modifications to the Site;
(4) commit any act that may breach any laws; or
(5) knowingly permit another person to do any of the above acts.
3.3 If you are provided with information including user name and password to access your VWT account, you must keep that information strictly confidential, and you must not disclose it to any other person, or permit another person from accessing the your account.
3.4 Please allow up to 5 working days for your application for an online account to be assessed by VWT. Once your application has been approved, you will be notified via email by the VWT team, and granted permission to access your personal account.
4.1 Once you book a tour on the Site, it forms a binding contract between you and VWT. That contract for purchase constitutes and incorporates these terms and conditions (including the Complete Agreement).
4.2 Any booking order placed by you, the customer, is always subject to acceptance by VWT. VWT may therefore cancel or vary that order at any time and will notify you of that cancellation or variation. Your order may need to be cancelled or varied as a result of a number of things including but not limited to where a tour is cancelled, due to errors or omissions or for other reasons.
5 Disclaimer and warranties
5.1 Although VWT takes all steps to ensure the security and integrity of the Site, you agree that VWT will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from VWT not being secure or virus-free.
5.2 Despite anything else contained in these terms and conditions VWT will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond VWT’s control.
5.3 The Site displays a wide variety of information including but not limited to about travel locations, tours, packages, cruises, transportation, foreign currency, schedules, travel companies and information about VWT. Although VWT uses it best endeavours to ensure that the information on its Site or in any quotation is correct there may be times where errors or omissions have unfortunately been made. In that regard VWT reserves its right to correct any such errors or omissions without any claim being made against it.
6 Copyright and intellectual property
6.1 The contents of the Site (including all photographs, images, videos, text and other items) is VWT’s intellectual property and subject to copyright. You must not copy, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Site without VWT’s written consent.
6.2 VWT makes no representation about any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by VWT of that website or the products and services being offered through that website. You agree that VWT will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by VWT.
7.1 By purchasing a tour through a Site, applying for an account or otherwise contacting VWT, you agree that VWT may store, process and use data collected from your order for the purposes of processing your order.
7.2 By placing your order or otherwise contacting VWT, you also agree that VWT may use such personal information in order to provide you with information from time to time on other VWT products that may be of interest to you.
VWT takes all complaints seriously and will use its best endeavours to ensure all complaints are addressed promptly. If you have any complaints or issues please contact VWT as soon as possible.
9 General provisions
9.1 No delay or failure by VWT to enforce its rights or to do anything is to be taken as a waiver of that right. A waiver can only be undertaken where an authorised representative of VWT signs any such waiver.
9.2 These terms and conditions and your purchase of the VWT goods are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
9.3 VWT may at any time, assign any of its rights or transfer by novation any of its rights and obligations under these terms and conditions to any person or persons by providing notice to you. You cannot assign or transfer your obligations under these terms and conditions without prior written consent of VWT.
9.4 VWT has the right to terminate any arrangements it has with you and/or suspend the provision of any services with immediate effect if VWT believes that any of the agreements, undertakings, representations or requirements set out in these terms and conditions have not been complied with or fulfilled by you.