Coombe Yarra Valley - Members Club
Samarkan Pastoral Co Pty Ltd (A.C.N 005 246 640) trading as Coombe Yarra Valley (hereinafter referred to as “Coombe Yarra Valley”, “Us” or “We”).
Definitions and interpretation
In these Terms and Conditions, unless a contrary intention appears, the following terms have the following meaning:
- “Application for Membership” means an application for Membership that is made on the Website.
- “Australian Consumer Law” means Div I of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- “Business Day” means a day that is not a Saturday or Sunday or public holiday in Australia.
- “Claims” means any and all legal proceedings, actions, suits, causes of action, proceedings, claims, accounts, demands, debts due, costs payable and expenses whether or not currently known or made and whether or not presently in existence.
- “Club” means the Melba Estate Members Club.
- “Commitment to make the Minimum Purchase” means a commitment from the Member to purchase at least two (2) six packs of wine from Coombe Yarra Valley per annum.
- “Coombe Yarra Valley” means by Samarkan Pastoral Co Pty Ltd (A.C.N 005 246 640) trading as Coombe Yarra Valley.
- “Member” means the person or company who is named on the Application for Membership form and for whom, following acceptance the Club, the Club has agreed to provide services to, in accordance with these Terms and Conditions.
- “Membership” means the period of time when a Member is a member of the Club.
- “Membership Account” means the account held by the Member in connection with their Membership of the Club.
- “Membership Term” means the period of twelve (12) months.
- “Product” or “Products” means any alcoholic beverages listed by us for sale to a customer on the Website.
- “Restaurant” means the restaurant which Coombe Yarra Valley operates on the Site.
- “Services” means any and all Services which we supply to you including, but not limited to, in connection with the Restaurant and the Tours.
- “Terms and Conditions” means these terms and conditions.
- “Tour” means all tour(s) which Coombe Yarra Valley provide from time to time. Such tours include, but are not limited to, tours of the Melbas Garden, Coombe Cottage and the Site that are provided by Coombe Yarra Valley.
- “Site” means the site at 673 - 675 Maroondah Highway, Coldstream VICTORIA 3770.
- “Website” means the internet site owned by us and operating under the URL https://coombeyarravalley.com.au/.
- “You” and “Your” are a reference to you, the Member.
In these Terms and Conditions, unless a contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) a gender includes the other genders;
(c) the headings are used for convenience only and do not affect the interpretation of these Terms and Conditions;
(d) a reference to a document includes the document as modified from time to time and any document replacing it;
(e) if something is to be done on a day which is not a Business Day then it must be done on the next Business Day;
(f) the word "person" includes a natural person and any body or entity whether incorporated or not;
(g) a reference to a thing includes a part of that thing;
(h) a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re‑enacted or replaced from time to time;
(i) wherever "include" or any form of that word is used, it must be construed as if it were followed by "(without being limited to)";
(j) money amounts are stated in Australian currency unless otherwise specified; and
(k) a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body which performs most closely the functions of the defunct body.
1.1. When applying for Membership of the Club, you confirm that you have read and agree to be bound by these Terms and Conditions.
1.2. You acknowledge and agree that, once you are accepted as a Member, these Terms and Conditions will apply to you and will form a binding agreement between you and other Members.
1.3. You must be eighteen (18) years of age or over to become a Member.
1.4. You should retain a copy of these Terms and Conditions for future reference.
2. Applications for Membership
2.1. Applications for Membership must be made on Coombe Yarra Valley’s Website.
2.2. Upon receipt of an Application for Membership, Coombe Yarra Valley will decide in its absolute discretion whether to accept an individual as a Member. The Club is exclusive, and only individuals who are a good fit for the Club will be accepted as Members.
2.3. Coombe Yarra Valley takes the application process seriously, but cannot under any circumstances be held responsible for the actions of any other Members. Coombe Yarra Valley does not warrant to any other Member the appropriateness of any individual as a Member of the Club.
3. Membership Account
3.1. You may not have more than one active Membership Account, and your Membership Account is non-transferable. You must keep the details of your Membership Account safe and must not disclose them to any third party. The Membership Account may be used only by the individual who created it and not by anyone else.
3.2. If you choose to use a workplace email address for your Membership Account, you are solely responsible for ensuring that you comply with the workplace rules, policies or protocols that apply to the use of that email address, and your workplace facilities more generally.
3.3. You will be liable for all activities that are undertaken using your Membership account, together with the associated password. You must keep your username and password strictly secure at all times. You must indemnify and hold us harmless for any and all losses of any nature that we may suffer as a result of any failure to comply with these requirements.
4. Commitment to make the Minimum Purchase
4.1. In consideration for Coombe Yarra Valley granting Membership of the Club to you, you make the Commitment to make the Minimum Purchase to Coombe Yarra Valley.
4.2. In accordance with the Commitment to make the Minimum Purchase, during the Membership Term you must purchase at least two (2) six packs of wine from Coombe Yarra Valley.
4.3. You will be automatically subscribed for a following year’s Membership on a yearly basis.
4.4. If you wish to cancel your Membership at the end of any given year, you must cancel your subscription through the subscription outlet on the Website.
5. Benefits of Membership
5.1. The primary purpose of Membership of the Club is to provide an exclusive community to Members.
5.2. Members shall have the following benefits available to them:
- Access to exclusive, curated member's allocation packs that are offered by Coombe Yarra Valley from time to time (in its absolute discretion) (Members Allocation Packs). The said Members Allocation Packs shall comprise of Products allocated by Coombe Yarra Valley, and normally offer a saving of at least 20% in comparison with the normal retail price of the relevant Products.
- Flexibility to create their own packs comprising of Products, within the scope of the policies and guidelines specified by Coombe Yarra Valley from time to time (in its absolute discretion) (Custom Packs). The said Custom Packs normally offer a saving of up 35% in comparison with the normal retail price of the Products (depending on frequency chosen - quarterly, biannually, etc).
- A discount of 20% of all purchases of 750 ml wine Products (excluding Members Allocation Packs and Custom Packs), including any purchase of wine Products on sign up.
- A discount of 10% when dining at the Restaurant, for up to four (4) guests per Member (that is, the Member plus three (3) other guests).
- A discount of 10% on Providore purchases in the Cellar Door which Coombe Yarra Valley operates on the Site (with the exception of Gin). (This discount is not available with purchases of Providore via our online store).
- The ability to purchase wines at Club pricing via our online store (Club Pricing). The said Club Pricing shall be determined by Coombe Yarra Valley from time to time, in its absolute discretion.
- Complementary shipping on any 6-pack purchase of Products.
- Complementary wine tastings.
- First access to new release and back vintage wines.
- Preferential window seating in the Restaurant.
- Invitations to “Members Only” exclusive events that are held on the Site from time to time (Members Only Events). Coombe Yarra Valley will schedule Members Only Events from time to time, in its absolute discretion.
6. Cancellation of Membership
6.1 You may chose to cancel your Membership at any time during the Membership Term. If you cancel your Membership during the Membership Term.
6.2. If Coombe Yarra Valley concludes that any Member:
- is in breach of any of these Terms and Conditions;
- has behaved in a manner that Coombe Yarra Valley considers to be unsociable or detrimental to the enjoyment and safety of other Members; and/or
- has behaved in a manner that is likely to bring Coombe Yarra Valley into disrepute or cause substantial prejudice to it and/or substantial detriment to its reputation;
Coombe Yarra Valley may, in its absolute discretion, resolve to cancel or suspend the Membership of the relevant Member.
6.3. Prior to suspending or cancelling the Membership of a Member pursuant to clause 6.2, Coombe Yarra Valley will give the Member at least seven (7) Business Day’s prior written notice of its intention to take this action, of the complaints against the Member, and the date and time of the meeting at which the Member may explain their conduct or speak in their defence, before it makes a final decision.
6.4. Coombe Yarra Valley will not consider any appeal against a decision to cancel or cancel or suspend the Membership of the relevant Member.
7. Limitation of liability
7.1. To the fullest extent permitted by law, Coombe Yarra Valley will not be liable for any Claims for any loss and/or damage of any nature howsoever caused (including, but not limited to, any loss of anticipated profit, revenue, contract, opportunity or goodwill) or any damages (including, but not limited to, any special, consequential, incidental, exemplary, punitive and/or indirect damages) that arise as a result of an alleged breach of these Terms and Conditions by Coombe Yarra Valley, and/or which touch and concern the subject matter of these Terms and Conditions (either directly or indirectly). Such Claims include, but are not limited to, any and all Claims of such nature that are based in contract, tort, equity, statute or any other area of law.
(a) To the fullest extent permitted by law, except as provided for in these Terms and Conditions, all express and implied warranties under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods and Services for any purpose or otherwise are expressly excluded.
(b) All other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded to the fullest extent permitted by the applicable law, and no guarantee, other than that expressly herein contained and the statutory guarantees that cannot be excluded or limited under the applicable law, apply to the Products to which the guarantee relates, or any accessory or part thereof.
7.3. To the fullest extent permitted by law, any liability of Coombe Yarra Valley for any Claims under these Terms and Conditions and/or for a breach of or failure to comply with a guarantee under the Australian Consumer Law (other than section 51, 52 or 53) is expressly limited to the following, at the absolute discretion of Coombe Yarra Valley:
(a) a replacement of the relevant Products;
(b) if applicable, the rectification of any defects in the Products within a reasonable time; or
(c) a refund of the purchase price in relation to the relevant Products.
7.4. Without limiting the generality of clauses 7.1 to 7.3, you acknowledge and agree that each Product is provided to you on an "as is" basis, and that we do not make any warranty or representation as to the suitability of the Product for any purpose.
7.5. In respect of any Services which we supply to you, Coombe Yarra Valley’s liability for any Claims under these Terms and Conditions and/or for a breach of or failure to comply with a guarantee under the Australian Consumer Law for the supply of the Services is expressly limited to:
- the supplying of the Services again; or
- the payment of the cost of having the Services supplied again.
7.6. Our liability to you under any Claims that arise out of or touch and concern any alleged breach of these Terms and Conditions is to be proportionally reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether the relevant Claim arises in contract, tort (including negligence), equity, statute or under any other area of law.
Release and indemnity
8.1. Other than any rights which you have under these Terms and Conditions, to the fullest extent permitted by the applicable law you hereby release and discharge Coombe Yarra Valley from all present, past and future Claims which the you may have or may have had but for these Terms and Conditions against Coombe Yarra Valley arising out of or in connection with the Website, the Products, the Services, the Restaurant, the Tours, the Club, the Membership, all matters the subject these Terms and Conditions and all matters that directly and/or indirectly touch and concern any of these matters.
8.2. Other than in respect of any rights which you have under these Terms and Conditions, to the fullest extent permitted by the applicable law you undertake to and do hereby indemnify and forever hold harmless Coombe Yarra Valley and all Directors, other Company Officers and/or employees of Coombe Yarra Valley against any Claims initiated by you and any future proceedings brought by the Customer arising out of or in connection with the Website, the Products, the Services, the Restaurant, the Tours, the Club, the Membership, all matters the subject these Terms and Conditions and all matters that directly and/or indirectly touch and concern any of these matters.
8.3. You undertake to and do hereby indemnify and hold us harmless for any and all Claims, losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Terms and Conditions and/or use of the Website.
9.1. Entire Agreement
These Terms and Conditions contain all of the terms and conditions of the Membership. Any and all representations, promises or agreements concerning the Membership that are not included in these Terms and Conditions shall not be effective or enforceable.
9.2. Amended Terms and Conditions
We may amend these Terms and Conditions from time to time at our absolute discretion, without notice you (Amended Terms and Conditions). We will post any Amended Terms and Conditions on the Website. Continued participation in the Club by you as a Member shall be deemed to be acceptance by you of any Amended Terms and Conditions.
9.3 No waiver
No delay or failure by us in enforcing any of these Terms and Conditions and no partial exercise by us of any right hereunder shall be deemed to be a waiver of any right we may have under these Terms and Conditions.
9.4. Severance of unenforceable Terms and Conditions
If any of the terms of these Terms and Conditions shall become invalid or unenforceable, the remaining Terms and Conditions shall not be affected.
These Terms and Conditions and any dispute or Claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed and construed in accordance with the laws of Victoria, Australia. Both you and us accept the exclusive jurisdiction of the Victorian courts.
9.6. Contact details and complaints
If you have any queries, concerns or complaints about these Terms and Conditions, the Club or your Membership, please contact us by telephone on (03) 9739 0173 or email email@example.com.