MOET HENNESSY COLLECTION WEBSITE TERMS OF USE

Please Read These Terms of Use Carefully Before Using This Web Site (“Site”). This Site is owned and operated by Moët Hennessy Australia Pty Limited (A.B.N. 26 104 454 604) (the “Company”).

1. Binding Agreement

Use of this Site is available only to those users who are in compliance and agreement with these Terms of Use as well as the other terms and conditions referenced elsewhere on this Site. By accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

2. User Age

Because of the nature of the Company’s business, and its products and services, this Site is not intended for use by persons under age 18 and the Company does not knowingly attempt to solicit or receive any information from persons under age 18. Use of this Site, or any registration that may be required to access portions of this Site, or to purchase products or services, including alcoholic beverages, may only be made by those persons who are at least 18 years of age. By using this Site, you are representing that you are at least 18 years of age. You may only purchase alcohol from the Site if you are aged 18 years or above in accordance with the Terms and Conditions of Sale. It is against the law in Australia to sell or supply alcohol to or obtain alcohol on behalf of a person under the age of 18 years. We support the responsible service of alcohol and recommend that alcohol be consumed in moderation.

3. Licence and Site Access

Subject to these terms and conditions and all applicable laws and regulations, the Company grants you a non-exclusive, non-transferable, personal, limited licence to download, access, view, use and display this Site and the text, graphics, content, information, audio, video and other services (the “Materials”), which the Company makes available to you from time to time on the terms and conditions set forth in this Agreement.

This authorization is not a transfer of title to the Site or the Materials contained herein, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Site is strictly prohibited without the prior written consent of the Company. Requests for permission to take any of the above actions for commercial purposes with respect to any information contained on this Site should be addressed to the Company at Level 3, 61 Dunning Avenue, Rosebery, New South Wales, 2018, , Australia.

Notwithstanding the above, the Company authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.

This licence does not include the right to modify this Site, or any portion of it, except with the express written consent of the Company.

Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; any sending of unsolicited e-mail, including promotions and/or advertising of products or services; any submission of a virus to the Site, overloading, flooding, mail bombing or crashing; any use of data mining, robots, or similar data gathering and extraction rules; or any other form of hacking, interference, spamming, sabotage or manipulation is prohibited.

You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use this Site for lawful purposes only, and must not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.

You shall not sublicence, transfer or assign this Agreement or any of the rights or licences granted under this Agreement. Any attempted transfer in violation of the foregoing is void.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to prosecution of users in violation of these terms and conditions.

4. Ownership

You have no ownership rights in the Site or in the Materials. Rather, you have a licence to download, access, view, use and display this Site and the Materials as long as this Agreement remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all intellectual property rights therein shall remain at all times with the Company or their respective owners.

5. Your Account and Registered Users

You are generally free to visit the Site without telling us who you are or revealing any information about yourself. However, you may be required to register in order to access certain portions of the Site. If certain portions of the Site require you to register, you must complete the registration process by providing the Company with current, complete and accurate information about yourself as prompted by the applicable registration form.

If you are required to register in order to access certain portions of the Site, you may be provided with, or you may choose, a password and a user name. If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password. If you use this Site, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

6. Pricing

All pricing is subject to change at any time.

The prices shown (as set out for the relevant item and/or the total amount payable) may be rounded [up or down] to a maximum of the nearest five cents. Rounding [of the price for the item/ the total amount payable] will occur when the item price or total price is displayed in [two] decimal places or more.

7. Security

In addition to issuance of a password for registered users, this Site uses security technology to encrypt information you provide to the Company through the Site, but any information you provide to the Company by email is unencrypted. You may learn more about the Company’s security procedures and the Company’s privacy practices by viewing our Privacy Policy.

8. Australian Consumer Law

These Terms of Use must be read and construed subject to any statutory provisions which cannot lawfully be excluded, restricted or modified, including the Australian Consumer Law. If any such statutory provisions apply then, to the extent to which the Company is entitled to do so and at the Company's option, the Company limits its liability pursuant to such provisions for any goods to the replacement, repair or refund of the cost of goods, or for services, to the re-supply or the payment of the cost of having the services supplied again.

9. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO CLAUSE 7, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO CLAUSE 7, THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO CLAUSE 7, THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO CLAUSE 7, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO CLAUSE 7, THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.

THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

10. Links to Third-Party Sites

The Company may provide on this Site, solely as a convenience to its users, links to web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with the Company or is authorized to use any trademark, trade name, logo or copyright symbol of the Company.

11. Third-Party Content

Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not the Company. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO CLAUSE 7. YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, IN ADDITION TO ANY NON-EXCLUDABLE STATUTORY REMEDIES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO CLAUSE 7, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OR YOUR INABILITY TO USE THE SITE, ITS MATERIALS OR OTHER CONTENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY UNDER SOME CIRCUMSTANCES.

The obligations and responsibilities of the Company regarding its products and services are governed solely by the terms and conditions of sale under which such products and services are sold. Copies of such terms and conditions are available directly from the Company and on this Site.

13. Indemnity

You agree to indemnify and hold harmless us and our partners, officers, employees, agents, licensors, suppliers, attorneys and all other persons providing information from and against all liability, damage, loss, costs, fees (including reasonable attorney's fees) arising out of or in connection with any violation of these Terms of Use (including any representations and warranties given by you) and any and all unauthorised use you may make of any materials on the Site.

14. Changes

All content contained herein is subject to change without notice. The Company reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these terms from time to time. The Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Company may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.

15. Termination

This Agreement and the licences granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, trademarks and other proprietary rights of the Company shall survive the termination of this Agreement.

16. Intellectual Property

This Site, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, the Company does not grant any express or implied licence or third party right to you under any patents, trademarks, copyrights or trade secret information of the Company or of any third party.

17. All Web Site design, text, graphics and the selection and arrangement thereof, are the property of the Company. All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of the Company or third party products or web sites (“Company Marks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use the Company Marks without the prior express written consent of the owner of such mark.

18. Miscellaneous

These terms and conditions of use and any dispute between you and the Company arising out of or related to this Agreement or your use of this Site (the “Disputes”) shall be construed, interpreted and governed by the laws of New South Wales, Australia without giving effect to its conflict of laws provisions. The parties agree to the non-exclusive jurisdiction of the courts of New South Wales with respect to any Disputes.

These terms and conditions shall constitute the entire agreement between the Company and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

19. Sharing Content

Content on this site is not intended to be shared with any persons under the legal drinking age. Do not share content from this site to any person under the legal drinking age in their country of residence.

PURCHASING TERMS AND CONDITIONS

20. Returns and cancellations

For details on returns and exchanges, please see the returns section of the website.

You have the right to cancel your purchase and receive a full refund provided you notify us in writing as set out in (2) below that you are exercising this right of cancellation no later than seven working days (i.e. excluding weekends and bank holidays) beginning with the day after you received your goods.

To exercise this right of cancellation:

Contact us by email at help@moet-hennessy-collection.com.au or call 1800 554 100.

Follow the returns instructions as laid out in the Returns section of this site

Please note that if you fail to take reasonable care of returned goods or fail to return the goods to us, we will be entitled to make a claim against you for any losses which we suffer.

If your goods are faulty or do not meet the description given on the site, we will refund the value of your order for those goods. For more information on how to return goods to us please refer to the Return Policy section of the site.

Please note gift cards are non-refundable.

Please note that you do not have a cancellation right with regards to customised products. Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:

Item(s) not available

Difficulty in processing your payment information

Cannot ship to address provided

Duplicate order was placed

If your order is cancelled by us, you will receive notification via phone or email which will explain the reason for the cancellation. You will not be billed for any cancelled items. If you are interested in alternative products, please contact our Customer Service Team by email or by calling 1800 554 100 for a recommendation.

21. Gift card purchases and returns

Please note gift cards are non-refundable. Please treat gift cards like cash and store them securely. Unfortunately, we are unable to replace lost or misplaced gift cards.

Gift cards are valid 12 months from the date of purchase.

Gift cards cannot be used to purchase another gift card.

22. Questions

If you have any questions about these Terms of Use, please contact the web site coordinator or you can write to us at Level 7, 201 Coward Street, Mascot, New South Wales, 2020, Australia, Australia.