Cellar Door Pass Australia Terms and Conditions



1. These Product Terms and Conditions are presented by Smartvisit Solutions Australia, ABN 46 096 253 093, of Suite 303, 272 Pacific Hwy Crows Nest Australia 2065 (Marketing Program Operator).

2. The owner (Customer) of the Cellar Door Pass (Pass), by accepting ownership of the Pass by signing the reverse of the Cellar Door card, refer clause 6, (Card), agrees to be bound by these Product Terms and Conditions.

3. The Pass gives the Customer the opportunity to receive certain benefits (Entitlements) when they visit winery cellar doors, shop at certain shops, dine at certain restaurants or visit certain regional attractions (Merchants) when they redeem cellar door voucher(s), wine reward point(s), delivery token(s) or wine carton token (s).

4. In some instances, the Customer’s ability to receive the same Entitlements at the same Merchant may be limited on a daily basis. For example, only one cellar door voucher may be redeemed per winery cellar door per day.

5. The Pass will expire a minimum of 12 months from its date of first use.

6. The Customer may only access the Entitlements through the presentation of a plastic, credit card sized Card, bearing the logo of the Pass, which has been electronically programmed to provide the Entitlements to the Customer. The Card will be electronically programmed at the time of delivery of the Card to the Customer.

7. On delivery of the Card to the Customer, they must ensure that the Card is signed by them. Access to the Entitlements is limited to only the person who has signed the Card. The Card/Pass is not transferable.

8. No replacements or refunds are offered if the Card is lost or stolen.

9. The Product Guide merely provides information relating to the benefits that may be provided by certain Merchants to the Customer during its validity period. The Marketing Program Operator has made reasonable endeavours to ensure that the Guide is accurate and current at the date of publication, but such benefits may be varied at the discretion of the participating Merchants or the Marketing Program Operator. Before relying on the information provided in the Guide, the Customer should directly contact the Merchants to confirm the authenticity and accuracy of the information provided in the Guide.

10. A Merchant will be entitled to exercise its usual discretion in determining whether or not to accept a Card or provide any particular Entitlement. A Merchant will not be required to accept a Card or provide an Entitlement contrary to its legal obligations, including those under the Liquor Licensing Act 1997 (SA).

11. The Marketing Program Operator takes no responsibility or liability for the conduct, quality, safety or availability of, or any other thing related to, the Entitlements, with such responsibility being borne exclusively by the relevant Merchants.

12. The decision to take advantage of the opportunities provided by the Pass is strictly at the discretion of the Customer and any unused Entitlements, at the time of the expiry of the Pass, are not refundable or transferable.

13. The Marketing Program Operator has compiled the material in the Product Guide, but the Merchants have arranged the Entitlements. The use of the Product Guide and Card is at the Customer’s own risk.

14. To the extent permitted by law, the Marketing Program Operator makes no warranties about the accuracy or completeness of any material in the Product Guide or that the Card or the Entitlements will attain any particular service standards, be available, be free of defects, be safe or be fit for any particular purpose.

15. The Marketing Program Operator limits its liability for warranties, expressed in or implied by statute or otherwise, to the Customer to resupplying the relevant Entitlements.

16. To the extent permitted by law, the Marketing Program Operator disclaims all liability arising out of, or consequent upon, the Customer’s use of the Card or Product Guide.

17. The Customer indemnifies, and will keep indemnified and hold harmless, the Marketing Program Operator against any loss or damage suffered by the Customer or any third party as a result of the Customer’s use of the Card or Product Guide or any Entitlement or breach of any of these terms and conditions.

18. All intellectual property rights used or embodied in, or connected with, the Pass, the Card or the Product Guide, or any related material, are owned by or licensed to the Marketing Program Operator. The Customer must not use, reproduce, distribute, modify or adapt, or in any other way interfere with, such intellectual property rights.

19. Neither these Product Terms and Conditions, nor the Product Guide, nor any offer of a Pass, constitutes or contains an agreement or offer for sale, barter, exchange or supply of wine. No wine is exposed for sale under the Guide.

20. No provision of these Product Terms and Conditions shall limit any other such provision and all such provisions shall be construed independently.