TERMS & CONDITIONS
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Last updated 13 October, 2021
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Neldner Road Vintners Pty Ltd (ABN: 91 168 304 836)

These “Terms and Conditions” regulates and controls any visit, access or general use of www.neldnerroad.com.au (“Neldner Road Vintners Pty Ltd”, website” “site”, “we” “us” or “our”) Website (Owned and Operated by “Neldner Road Vintners Pty Ltd”). When any person or user (each a “User”, “you”, “your”, “their”, “them” etc.) visit, access or use this website, deem to be your sole acceptance of these “Terms and Conditions” and our “Privacy Policy”. We reserve the right to amend the Terms and Conditions from time to time and advise you to read these Terms and Conditions prior to every purchase from the Site.  This document is governed by and is to be construed in accordance with the laws applicable in South Australia, Australia.

AGE REQUIREMENT

"Neldner Road Vintners Pty Ltd" does not sell alcohol to persons under the age of 18. You may only use this Site if you are aged 18 years or over or otherwise over the legal drinking age in your country of residence. If you are not of legal drinking age, please exit this Site immediately. "Neldner Road Vintners Pty Ltd" makes every effort to ensure that alcoholic beverages are not sold to anyone who is under the age of 18 or under the legal drinking age in your country of residence.

CONDITIONS OF SALE

All NFTs can be purchased via OpenSea ("NFT Marketplace"). Your sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available on OpenSea. Please read their Terms of Service & Privacy Policy.

By entering your details on OpenSea, you are offering to make a contract to purchase goods from "Neldner Road Vintners Pty Ltd." If "Neldner Road Vintners Pty Ltd" accepts your offer, the goods will be sold on the basis of the terms and conditions set out below.

What you get?

All NFTs include
‍- Digital artwork of your individual barrel head with personalised brass plaque.
- Bottling of your wine into your choice of bottle formats with personalised wine labels for an individual or corporate entity.
- Cellaring your wine until you’re ready for us to ship it to you. Shipping excluding duties and taxes outside Australia.
- After bottling, your physical barrel head with personalised brass plaque, mailed to you to keep.
- The opportunity to work a day during vintage with Dave and his team, making Neldner Road wine, with dinner with the team afterwards.

Purchase of NFT #1 – 21
- Magnums of your single-vineyard wine from previous vintages 2016-2020. These are bottled under the Powell and Son label.

‍$1M opportunity
‍- Anyone who purchases NFTs to the value of AUD$1M or more will get a 'My place or yours' experience with Dave (once travel is possible again). This means either Dave will come to you, anywhere in the world, and host a dinner party with some of your wine.
- Two business class airfares with Qantas, with departure from each guest’s closest major city from which Qantas flies to Sydney. Travel to the departure point from guest’s place of residence is at their own cost.
- Two return economy class airfares from Sydney to Adelaide. All flights subject to Qantas terms of carriage.
- Two nights’ accommodation at The Park Hyatt, Sydney in one standard double or twin share room. Breakfast, lunch and dinner daily are included. Any ancillary costs are at guest’s expense.
- A Voxon VX1 hologram of one of your barrels.
- All other standard inclusions.

Purchase of NFT #1 - Host Special Event in the Barossa Valley with Dave
Anyone who purchases all 100 NFTs will be able to host a special event in the Barossa Valley for themselves and 19 friends. Enjoy dinner cooked by a celebrity Australian chef; your own wine, and a night of tales and frivolity with Dave, whose hospitality is global.
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- Subject to availability. Any substitution will be made at the discretion of Neldner Road Vintners.
- 20 business class airfares with Qantas, with departure from each guest’s closest major city from which Qantas flies to Sydney. Travel to the departure point from guest’s place of residence is at their own cost
- 20 return road transfers from Sydney airport to Sydney accommodation.
- 20 return economy class airfares from Sydney to Adelaide. All flights subject to Qantas terms of carriage.
- 20 return road transfers from Adelaide airport to the Barossa Valley.
- Accommodation at The Park Hyatt, Sydney and The Louise, Marananga, Barossa Valley in 10 standard double or twin share rooms. Breakfast, lunch and dinner daily are included. Any ancillary costs are at guest’s expense.
- Previous vintages bottled under the Powell and Son label.

PRIVACY POLICY

‍You can view our Privacy Policy which is linked at the bottom of every page. By using the Website or our Services, all the policy concerning you or any of our website users will be conducted by our “Privacy Policy” inserted at the bottom of our website.

DISCLAIMER

‍All information including these “Terms and Conditions” our “Privacy Policy” and other items contained in this website www.neldnerroad.com.au provided are accurate and subject to change without any notice. Under no circumstances we will be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of our Website, If you obtain this website link www.neldnerroad.com.au or any information contained in this site in any other place or website which nature and availability are not controlled by us, we are not responsible for any type of express or implied, about the accuracy, reliability or availability regarding with us or any other information and image or corresponding graphics on Neldner Road Vintners Pty Ltd for any purpose. Trusting on such information will be at your own risk. We will not be liable for any harm or damage, including indirect or considerable loss of data or interest arising out of or connecting with the use of. We reserve the right to edit, change, modify or update information on our website without any prior notice. We also reserve the right, in our sole discretion, to reject your access to all or any part of the website at any time, for any or no reason, with or without prior notice, and without liability.

LIMITATION OF LIABILITY

‍The liability of “Neldner Road Vintners Pty Ltd" shall be limited to you or any other person for any direct, indirect, or special damages or losses, resulting from the use our website. Our liability for breach of these "Terms and Conditions" shall be limited to you, if such breach is related to the general use of our website and subject to these “Terms and Conditions”.

AVAILABILITY OF THE WEBSITE, SECURITY & ACCURACY

‍We make no warranty that your access to the Website will be uninterrupted, timely, or error-free. Due to the nature of the internet, this cannot be guaranteed. Also, we may occasionally need to carry out repairs, maintenance, or introduce new facilities and functions. Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user or on any other computer, mobile, or similar device. We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other codes that may affect any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to, or use of the Website or you are obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties. We may change or update the Website and anything described in it without notice to you. If the need arises, we may suspend access to the Website, or close it indefinitely.

YOUR REPRESENTATIONS AND WARRANTIES:

‍You represent and warrant that (a) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

‍MISCELLANEOUS:

‍These miscellaneous provisions are part of just about every online “Terms and Conditions” to ensure its enforceability. You agree that no joint venture, partnership, employment, or agency relationship exists between you and “Neldner Road Vintners Pty Ltd ” as a result of the “Terms and Conditions".  We have the absolute discretion to transfer or assign all or any part of our rights under these "Terms and Conditions” and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these "Terms and Conditions” in connection with using our website. 

THIRD PARTY LINK

‍Our website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources or for the content, products, or services on or available from those other websites or resources. Linking with that type of websites or resources does not intimate any affiliation with us of such websites or resources or the content, products, or services available from such websites or resources. Your sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

‍CHANGE OR MODIFICATION

‍Time to time, with the needs of any necessary circumstances, these Terms and Conditions can be edited, modified, or changed without any prior notice. Your regular use of this site will indicate your consent to such changes. “Neldner Road Vintners Pty Ltd ” reserves the right to modify, update and/or revise any and all policies listed on the website. Such modifications and revisions are effective immediately upon publication or posting in the relevant areas of the website. Your continuous use of this site indicates your acceptance of such modifications and revisions. We may also modify or discontinue our access with or without notice to you and without liability to you or any third party. Please be sure to check our Policies frequently.

‍QUESTIONS AND TO CONTACT US

‍We have sole jurisdiction to provide the explanation of these "Terms and Conditions''.

Feel free if you have any questions regarding these "Terms and Conditions". To contact us using the address mentioned below:  

‍Address: 119 Neldner Rd, Marananga Barossa, SA 5355
‍Email: michael@neldnerroad.com.au
‍Phone: +61 8 8524 4465‍
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