In these Terms of Use:
• “Authority“ means any government, semi-governmental, statutory, administrative, fiscal or judicial body, department, commission, authority or tribunal;
• “Buyer“ means You, a purchaser or potential customer of Goods from Casa Tinto through the website;
• “CC Act“ means Competition and Consumer Act 2010 (Cth);
• “CC Act Implied Term“ means, in respect of any sale or supply of Goods by Casa Tinto to the Buyer, any term, condition, consumer guarantee or warranty, for the benefit of the Buyer, implied by or arising under the CC Act in relation to that sale or to the supply of those Goods, or otherwise implied by any similar written or unwritten Law of any State or Territory of Australia;
• “Claims“ includes actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest, verdicts and judgments at Law or in equity or arising under the provisions of statute;
• “Due Date“ means, in respect of a sale of Goods by Casa Tinto, the date the Buyer places an order on the website.
• “Goods“ means the products and services provided by Casa Tinto, the subject of an order placed by the Buyer with Casa Tinto and accepted by Casa Tinto and “Good“ means any one of them;
• “GST“ means the tax imposed or sought to be imposed by the GST Acts;
• “GST Acts“ means A New Tax System (Goods and Services Tax) Act 1999 and related imposition Acts of the Commonwealth;
• “Indirect or Consequential Loss“ includes lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms of Use or any sale or supply of Goods by Casa Tinto to the Buyer;
• “Intellectual Property“ means any intellectual or industrial property owned by Casa Tinto or used in connection with the business of Casa Tinto, including without limitation:
• any graphics, logos distinctive brand features, text, icons and the arrangement of them;
• any patent, know/how, trade mark, service mark, copyright, invention, design, trade secret or confidential information;
• any licence or the right to use or to grant the use or to be the registered proprietor or user, of any of the foregoing;
• any computer software licence agreement and maintenance agreements;
• the trade marks, business names, whether registered or unregistered of Casa Tinto; o any registered domain names of Casa Tinto;
• any intellectual property created by contractors or other third parties engaged by Casa Tinto or a related party of Casa Tinto and vested in Casa Tinto by way of agreement; and
• any other intellectual property or rights whether registered or not used in connection with or forming part of the business of the Casa Tinto;
• “Law“ means all statutes, ordinances, regulations, subordinate legislation, by-laws, industrial laws, Australian standards and all orders, directions, codes of practice or requirements of any Authority;
• “PPS Act“ means Personal Property Securities Act 2009 (Cth);
• “Price“ means, in respect of Goods agreed to be sold or supplied by Casa Tinto to the Buyer, the price payable by the Buyer to Casa Tinto for those Goods, in accordance with the Price List and these Terms of Use;
• “Price List“ means the list of Goods and prices for those Goods, notified by Casa Tinto to the Buyer, as current from time to time;
• “Privacy Act“ means the Privacy Act 1988 (Cth);
• “Promotional Material“ means any material provided by Casa Tinto to the Buyer for the purpose of promoting sales of Goods and includes all Intellectual Property in that material;
• “You“ means the user of the website and includes all Buyers.