Policies & contacts
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Effective Date: April 24th, 2025
This privacy notice (“Privacy Notice”) describes the privacy practices that Magusto Wines Pty Ltd LLC (“Magusto Wines Pty Ltd” or"Magusto Wines" or “us” or “we”) follows when collecting and using information about you on our website (https://www.magustowines.com), and any other channel or mobile feature that we operate (collectively, the “Site”).
We ask that you please read this Privacy Notice before using the Site. It describes what information we gather from you and others who visit or use the Site, how we use that information, and what we do to protect it. When you access or use the Site, certain information, including your Personal Information (as defined below), may be collected, transferred, processed, stored, and in certain circumstances, disclosed as described in this Privacy Notice.
This Privacy Notice complies with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.
BY CREATING AN ACCOUNT ON OUR SITE OR OTHERWISE PROVIDING US WITH YOURS OR OTHERS’ PERSONAL INFORMATION, YOU EXPRESSLY CONSENT TO THE INFORMATION HANDLING PRACTICES DESCRIBED IN THIS PRIVACY NOTICE AND YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE PERMISSION TO PROVIDE US WITH ALL PERSONAL INFORMATION PROVIDED. IF YOU DO NOT AGREE WITH THIS PRIVACY NOTICE OR OUR TERMS, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR AN ACCOUNT ON, THE SITE.
Table of Contents
1. INFORMATION WE COLLECT
2. THIRD PART ANALYTICS PROVIDERS
3. EXTERNAL LINKS
4. HOW WE USE YOUR INFORMATION
5. OUR INFORMATION SHARING PRACTICES
6. YOUR CHOICEAND OPTIONS RELATING TO OUR COLLECTION
7. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
8. SAFETY AND INFORMATION SECURITY MEASURES
9. NOTICE TO USERS OUTSIDE AUSTRALIA
10. THE GENERAL DATA PROTECTION REGULATION (“GDPR”)
11. CHANGES TO THIS POLICY NOTICE
12. PRIVACY QUESTIONS AND CONTACT INFORMATION
1 INFORMATION WE COLLECT.
We collect data to provide the products and services you request on the Site, ease your navigation on the Site, communicate with you, and improve your experience using the Site. Some of this information is provided by you directly to us, such as when you create an account. Some of the information is collected through your interactions with the Site or third party websites and applications. We collect such data using technologies like Cookies (as defined below) and other tracking technologies, error reports, and usage data collected when you interact with our Site. Some of the information is collected from your use of, and interactions with, us and others on social media, including but not limited to Facebook®, Instagram®, X®, TikTok®, and Pinterest® (collectively, “Social Media”).
The data we collect depends on the products, services, and features of the Site that you use, and includes the following:
1.1 Personal Information.
When you visit the Site without creating an account, you can browse without submitting Personal Information about yourself. In general, we collect Personal Information that you submit to us in the process of creating or editing your account and user profile on the Site or that you submit to us voluntarily through your use of the Site. Information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household is “Personal Information.”
In particular, the Site has collected the following categories of Personal Information from users in the last twelve (12) months. We obtain these categories of Personal Information with the methods described in more detail below.
Category
Examples
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
YES
B. Personal Information categories listed in the Australian Privacy Act 1988 (Cth).
A name, signature, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some Personal Information included in this category may overlap with other categories.
YES
C. Protected classification characteristics under Australian federal law.
Age, disability, race, sex, intersex status, gender identity, and sexual orientation, among others.
YES
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
NO
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
NO
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
YES
G. Geolocation data.
Physical location or movements.
YES
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
I. Professional or employment-related information.
Current or past job history or performance evaluations.
NO
J. Inferences drawn from other Personal Information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
NO
Personal Information does not include:
Publicly available information from government records; and
De-identified or aggregated consumer information.
We may also collect Personal Information from third parties, such as Social Media, Payment Processors, Product Vendors, and other Partners. Our collection of this information allows us to provide you with our products and services, establish, maintain and support your user account on the Site, and communicate with you in accordance with our Terms.
1.2 Automatically Collected Usage and Device Information.
Similar to other websites, we use tracking technologies to automatically collect certain technical information from your web browser, mobile, or other device when you visit the Site. This data may include, but is not limited to, your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of your visits. Our collection of this data, described in more detail below, allows us to provide more personalised high-quality services to you and to track usage of the Site.
1. Cookies. We automatically derive and collect certain data based on your interactions with us on the Site using cookies and similar technologies (collectively, “Cookies”). Our collection of data through Cookies includes information about your browser and Site usage patterns, which may include your IP address, browser type, browser language, referring/exit pages and URLs, pages viewed, links clicked, whether you opened an email, and information about the device you use to access the Site. Our collection of this information allows us to improve your user experience in various ways, such as to personalise our display of the Site to you, to “remember” whether or not you are signed in, and to provide better technical support to you.
Please note: If you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the Site may not operate properly, and you may not have access to certain services or parts of the Site. We shall not be liable for any interruption in, or inability to use, the Site or our services or degraded functioning thereof, where such are caused by your settings and choices regarding Cookies.
1. Pixels (aka web beacons/web bugs/java script). We may use Pixels to automatically record certain technical information about your interactions with us when you visit the Site or otherwise engage with us, to help deliver Cookies on our Site, or count users who have visited the Site or used our services. We may also include web beacons in our promotional e-mail messages or newsletters to determine whether you open or act on them for statistical purposes. “Pixels” are tiny graphics (about the size of a period at the end of a sentence) with unique identifiers used to track certain online actions, movements and related information of Site users. Unlike Cookies, which are stored on a user’s computer hard drive, Pixels are embedded invisibly on web pages or in HTML-based emails. The data we receive through Pixels allows us to effectively promote the Site to various populations of users, and to optimize external advertisements about the Site that appear on third-party websites.
1.3 Location Information.
We collect precise geolocation data from you or your device, as well as your address information, e.g., shipping and billing address, when you set up your account and order our products or services. We also collect and use information about your general location (e.g., your state of residence) and can infer your approximate location based on your IP address in order to track our general Site usage or to tailor any pertinent aspects of your user experience to the region where you are located.
1.4 User Contributions.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site or transmitted to other users of the Site or third parties, including, for example, third party websites and services like Social Media that are integrated into or linked to the Site (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Site or third parties with whom you may choose to share your User Contributions. Such third parties may have their own policies and terms that apply to your User Contributions, and we are not responsible for any third party’s policies or terms. We cannot and do not guarantee that unauthorized persons will not view your User Contributions.
1.5 Social Media.
If you interact with us or our other users regarding Magusto Wines Pty Ltd and its products and services on any Social Media: (a) the Personal Information that you submit by and through such Social Media can be read, collected and/or used by us (depending on your Social Media privacy settings) as described in this Privacy Notice, and (b) where Magusto Wines Pty Ltd responds to any interaction with you on Social Media, your account name/handle may be viewable by any and all members or users of Magusto Wines Pty Ltd Social Media accounts. We are not responsible for the Personal Information that you choose to submit or link on any Social Media. Social Media operates independently from Magusto Wines Pty Ltd, and we are not responsible for Social Media interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of any Social Media with which you interact to help you understand their privacy practices. If you have questions about the security and privacy settings of any Social Media that you use, please refer to the applicable privacy notices or policies.
2 THIRD PARTY ANALYTICS PROVIDERS.
We also use Squarespace Analytics and other third party analytics providers (“Analytics Providers”) to collect information about Site usage and the users of the Site. Analytics Providers use Cookies in order to collect demographic and interest-level information and usage information from users that visit the Site, including information about the pages where users enter and exit the Site and what pages users view on the Site, time spent, browser, operating system, and IP address. Cookies allow Analytics Providers to recognize a user when a user visits the Site and when the user visits other websites. Analytics Providers use the information they collect from the Site and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit the Site and other websites and purchase items. For more information regarding our Analytics Providers’ use of Cookies, collection and use of information, and how to opt-out of tracking, see:
Squarespace’s Privacy Policy is available at https://www.squarespace.com/privacy.
3 EXTERNAL LINKS.
The Site contains links to third party websites and services, including links to Social Media. We are not responsible for any of the content or features or functionality of other linked websites or services. We are also not responsible for the privacy practices and the terms and conditions of use for any external websites or services. The linked websites and services may collect Personal Information from you that is not subject to our control. The data collection practices of linked third party websites and services will be governed by that third party’s privacy policy and terms of use.
4 HOW WE USE YOUR INFORMATION.
4.1 General.
We may use or disclose the Personal Information identified above for one or more of the following business purposes (“Business Purpose”):
To fulfill or meet the reason you provided the information (e.g., to send you product and service information).
To personalise and develop our Site and the services we provide to you, and improve our offerings.
To provide certain features or functionalities on the Site.
For marketing and promotions, including to check your eligibility for competitions and to contact you in the event that you win.
To create, maintain, customize, and secure your account with us.
To provide you with support, to communicate with you and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalise your experience and to deliver content and product and service offerings, products, and services relevant to your interests, including offers and advertisements through third-party sites, and via email (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Site, services, databases, other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Site and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
To prevent illegal activity, fraud, and abuse.
As described to you when collecting your Personal Information or as otherwise set forth in the APPs.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users is among the assets transferred or liquidated.
4.2 Account-Related Emails.
When you create an account with us and provide us with your email we may, subject to applicable law, use your email address to send you Site-related notices (including any notices required by law, in lieu of communication by postal mail), updates, news, and marketing messages. For example, when you register, you will receive a welcome email. If the Site or our services are temporarily unavailable, we may also send you an email.
Email communications you receive from us will generally provide an unsubscribe link or instructions allowing you to opt out of receiving future emails or to change your contact preferences. If you have an account with us, you can also change your contact preferences by updating your contact information within your account settings. Please remember that even if you opt out of receiving marketing e-mails, we may still send you important service information related to your account and the Site. If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.
4.3 Advertising.
We may use third party service providers to serve advertisements or collect data on our behalf across the internet and on this Site (“Advertisers”). Some of these Advertisers may collect your Personal Information about your Site visits and your interactions with our products and services to tailor marketing messages on the Site or other sites, or to trigger real-time interactions, customize the Site, or enhance your profile. Advertisers may use Cookies, Pixels and other technologies to collect your Personal Information, measure the effectiveness of their advertisements, and personalise the advertisements on the Site. Some of these Advertisers may collect your Personal Information that you share on the Site via a web form automatically and prior to your submission of the Personal Information (i.e., before you click, “Submit”). Advertisers may be able to use information from your Site visits to send marketing messages to you in a way that could personally identify you. The information collected by Advertisers may include your IP address, email addresses and other user and device level information. For example, when Advertisers send advertisements and links that appear on the Site directly to your browser, they automatically receive your IP address. Please keep in mind that your browser settings may not permit you to control Advertisers’ technologies, and this Privacy Notice does not apply to, and we cannot control the activities of, Advertisers. If you would like more information about Advertisers’ practices, please see http://optout.aboutads.info/#!/.
4.4 Non-Personally Identifiable Information.
We may use non-personally identifiable information, such as anonymized and/or aggregated Site usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Site, including to develop new features, functionality, and services, to conduct internal research, to better understand Site usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.
4.5 Payment Processors.
If you purchase or pay for products or services via the Site, the transaction may be handled by our service providers or third party vendor(s) responsible for processing your payment (“Payment Processors”). These entities have their own privacy policies and those terms will apply to you. Please be sure to review them at the links provided during payment processing.
5 OUR INFORMATION SHARING PRACTICES.
When we disclose Personal Information for a Business Purpose, we enter into a contract that describes the purpose and requires the recipient to keep that Personal Information confidential and use only for performance of the contract, and not for any other purpose. We share your information, including any Personal Information, in the circumstances described below.
5.1 Disclosures of Personal Information in the Last Twelve Months.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a Business Purpose, as more fully described in Section 4:
Category A: Identifiers.
Category B: Australian Customer Records personal information categories.
Category C: Protected classification characteristics under Australian federal law.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
We disclose your Personal Information for a Business Purpose to the following categories of third parties:
Social Media.
Analytics Providers.
Payment Processors.
Other third party marketing service providers.
Affiliated persons or third-party service providers assisting us in the operation, management, improvement, research and analysis of the Site. Affiliated persons or our third party service providers may augment, extend, and combine non-personally identifiable information with data from additional third party sources in order to assist us with the above. Use of information by affiliated persons and third party service providers will be subject to this Privacy Notice or an agreement that is at least as restrictive as this Privacy Notice.
5.2 Legal Requirements.
We reserve the right to disclose all information collected via the Site, internally, to affiliates, or to third parties, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion, we may disclose information to government regulators, law enforcement authorities or alleged victims of identity theft. We will notify you in the event of a government or legal request for your information unless otherwise prohibited by law.
5.3 Organizational Transitions.
If we should ever transfer or restructure the operational ownership of the Site, such as through a merger with another entity or a reorganisation of all or a part of our operational responsibilities or assets, we may disclose, transfer, assign our rights, and/or delegate our duties to your information without notice and consent, including to prospective or actual recipient or acquiring entities. Should this occur, we will require any third party receiving your Personal Information as described under this subsection to be contractually required to provide the same level of privacy compliance as provided by us under this Privacy Notice.
5.4 Disclaimer.
We cannot ensure that all of your Personal Information will be disclosed only in the ways described in this Privacy Notice. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from the Site. Even with the most rigorous information security standards, no transmission of data over the internet can be 100% secure.
6 YOUR CHOICE AND OPTIONS RELATING TO OUR COLLECTION.
You can choose not to provide Personal Information. You may always decline to provide your Personal Information to us. Registering for an account is not required to access some of our online content. If you decide to register, you can choose to provide information that does not reasonably identify you to others by selecting a username that is not related to your actual name. You can also decline to provide any optional information in your account. If you choose not to provide certain Personal Information to us, some of your experiences may be affected (for example, we cannot send you our newsletter if you do not provide your email address).
6.1 You May Decline Other Requests.
We use your Personal Information as needed for the purposes for which it was collected or where you have consented to our use of such information. If you do not wish to provide information to us or do not wish to consent to the uses described in this Privacy Notice, please do not use the Site, set up an account, or supply the requested information to us.
6.2 Right to Access Specific Information and Data Portability Right.
You may have the right under the APPs to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of Personal Information that we have collected about you.
The categories of sources for the Personal Information that we have collected about you.
Our business or commercial purpose for collecting or making available that Personal Information.
The categories of third parties with whom we share that Personal Information.
The specific pieces of Personal Information that we have collected about you (also called a data portability request).
If we disclosed your Personal Information for a Business Purpose, the Business Purpose for which such Personal Information was disclosed, and the Personal Information categories that each category of recipient obtained.
If applicable, (1) the categories of your Personal Information that we have made available for valuable consideration; (2) the categories of third parties to whom such Personal Information was made available; and (3) the category or categories of Personal Information that we have made available to each category of third parties.
6.3 Right to Delete.
You may have the right under the APPs to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or vendor(s) to:
Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the Telecommunications (Interception and Access) Act 1979 (TIA Act).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation or legal order.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
6.4 Right to Opt-Out.
If you are 16 years of age or older, you may have the right under the APPs to direct us not to make your Personal Information available for valuable consideration at any time (the “right to opt-out”). We do not make available the Personal Information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in may opt-out at any time.
To exercise the right to opt-out or right to opt-in, you (or your authorized representative) may submit a request to us by sending us an e-mail at support@magustowines.com. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize certain information sharing practices. However, you may change your mind and opt back in at any time by sending us an e-mail at support@magustowines.com. We will only use Personal Information provided in an opt-out request to review and comply with the request.
6.5 Exercising Your Rights.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Sending us an e-mail at support@magustowines.com
Only you can act on your behalf or make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make such a request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
6.6 Non-Discrimination.
We will not discriminate against you for exercising any of your APPs rights. Unless permitted by the APPs, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the APPs that can result in different prices, rates, or quality levels. Any APPs-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
6.7 Online Tracking Choices.
Most web browsers are initially set up to accept Cookies, but you can reset your browser to refuse Cookies or to indicate when a Cookie is being sent. However, some features and services of the Site (particularly those that require sign-in) may not function properly if your Cookies are disabled. Similarly, if you choose to delete session objects from the Site, you may not be able to access or use all or part of the Site or benefit from some or all of the information or features and services offered.
Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have the user’s online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about that browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operations, including the Site, do not respond to DNT signals.
7 ACCESSING AND UPDATING YOUR PERSONAL INFORMATION.
We do not review for accuracy or update your information regularly, but encourage you to access, review and update your Personal Information at any time. To request a copy of your Personal Information and data or for assistance regarding canceling your account, or deleting your Personal Information, contact us at support@magustowines.com. We will respond to your request as soon as reasonably possible after verifying your authority to make such requests. Your requests for Personal Information deletion are subject to Section 6 of this Privacy Notice above and we will delete your Personal Information within a reasonable time.
8 SAFETY AND INFORMATION SECURITY MEASURES.
8.1 Security.
We use certain physical, managerial, and technical safeguards designed to preserve the security of your information that we maintain in connection with your use of the Site. For example, we encrypt all data with secure sockets layer (SSL) or similar technologies when we transmit your data. This, however, does not guarantee that your information may not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical or managerial safeguards. In the event that any of your Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you, as appropriate, in accordance with pertinent laws and regulations.
8.2 Storage.
We or our third party hosting providers store Personal Information in operating environments that are safeguarded against public or unauthorized access and protected from internal access with physical and technical security measures. While these measures are helpful to safeguard your Personal Information after we receive it, no transmission of data over the internet is 100% secure.
9 NOTICE TO USERS OUTSIDE OF AUSTRALIA.
Please be aware that we are headquartered in Australia. The Site is governed by Australian law. If you are using any of our products or services from outside of the Australia, your information may be transferred to, stored, and processed in the Australia where our servers may be located. Australia might not offer the same level of privacy protection as the country where you reside or are a citizen. BY USING THE SITE, COMMUNICATING WITH US VIA MAIL, EMAIL OR TELEPHONE, OR OTHERWISE PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO, AND PROCESSING OF, YOUR INFORMATION IN AUSTRALIA.
10 THE GENERAL DATA PROTECTION REGULATION (“GDPR”).
Residents of the European Economic Area (“EEA”) may be entitled to rights under the GDPR. If you qualify, these rights are summarized below.
If you request to exercise your rights under the GDPR, we may require verification of your identity before we respond to any such request. If you are entitled to these rights, you may exercise the following rights with respect to your Personal Information that we collect and store:
the right to withdraw consent to data processing at any time;
the right of access to your Personal Information;
the right to request a copy of your Personal Information;
the right to correct any inaccuracies in t your Personal Information;
the right to erase your Personal Information;
the right to data portability, meaning to request a transfer of your Personal Information from us to any other person or entity as chosen by you;
the right to request restriction of the processing of your Personal Information; and
the right to object to processing of your Personal Information.
You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above-listed rights may be made to: support@magustowines.com. If you are an EEA resident, you have the right to lodge a complaint with a Data Protection Authority about how we process your Personal Information at the following website: https://edpb.europa.eu/about-edpb/board/members_en.
11 CHANGES TO THIS PRIVACY NOTICE.
Because our privacy practices and privacy law necessarily evolve over time, we reserve the right to revise this Privacy Notice from time to time in our sole discretion, upon notice to you such as by posting updated Privacy Notice on the Site, sending you an email to your account email, or by any other reasonable means. You should periodically review this Privacy Notice to ensure that you are familiar with the most current version. Your continued use of the Site after the Effective Date posted above will constitute your acceptance of the updated Privacy Notice.
12 PRIVACY QUESTIONS AND CONTACT INFORMATION.
If you have any questions or comments about this Privacy Notice, the ways in which we collect and use your information described in this Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under Australian law, please do not hesitate to contact us at:
E-mail: support@magustowines.com
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Effective Date: April 24th, 2025
These Terms of Use (“Terms”) are a legal agreement between you and Magusto Wines Pty Ltd LLC (“Magusto Wines Pty Ltd,”"Magusto Wines," “we,” “us,” or “our”) that governs your use of the Magusto Wines Pty Ltd website (located at https://www.magustowines.com/) and any related services or products operated, sold, or otherwise provided by Magusto Wines Pty Ltd (collectively, the “Services”). BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND WAIVER OF A RIGHT TO A JURY TRIAL. Any new or additional features, tools, services, products, or content that are added to the Services will also be subject to these Terms.
1. ELIGIBILITY
The Services are available only to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen. If you are under the age of majority in your state or country and you wish to use the Services, please ask your parent or guardian to create an Account using your parent or guardian’s name and other personal information, and do not provide your personal information on the Services.
1. REGISTERING WITH US
Access to and use of certain functionalities of the Services may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at using the contact information provided in Section 19 if you suspect any unauthorised use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
1. ORDERS; THIRD-PARTY PAYMENT SERVICE PROVIDERS; SHIPPING
You may order our products via the Services. All sales of products are final. Subject to our Return Policy and Cancel Order Policy, once you have purchased the products there are no cancellations, returns, or exchanges. We reserve the right to refuse any product returns at any time. Squarespace Inc. (“Squarespace”) provides Magusto Wines Pty Ltd with the online e-commerce platform that allows us to sell our products and services to you. Magusto Wines Pty Ltd also uses Stripe Inc., Apple Pay, Google Pay, PayPal, Inc. and other services or parties from time-to-time as third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services) (together with Squaresapce, the “Third-Party Payment Services Providers”). By using the Services, you agree to be bound by the Third-Party Payment Services Providers’ terms of use. You hereby consent to provide and authorize Magusto Wines Pty Ltd and the Third-Party Payment Services Providers to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.
You may have a limited amount of time to purchase the products. We offer a limited number of each item and do not guarantee product replenishment. We will fulfill orders in the order they are received, and therefore products may sell out before your order for such product is fully processed. In the event that we cannot fully process your order due to such lack of products, we will refund the fees you paid for the unavailable product to your payment card.
Please make sure that you have entered the correct and matching shipping and billing addresses, as it is crucial for your order to be processed and shipped in a timely manner. We will send you a tracking confirmation as soon as your order is dispatched. All shipments are insured and you assume all responsibility for claims made with the shipping carrier. All taxes and duties for international orders are your responsibility.
1. PERMITTED USE
All information, materials, and other digital content available through the Services (collectively, the “Content”) are for the personal use and enjoyment of individual users only and may not be used in connection with any commercial endeavors. The Content is the sole and exclusive property of Magusto Wines Pty Ltd or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, and view any Content, solely for your personal purposes. Except for the limited rights set forth in this Section, you may not copy, sell, rent, distribute, modify, publicly perform, publicly display, transfer, create derivative works of, or sublicense the Services or Content.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Magusto Wines Pty Ltd used herein are trademarks or registered trademarks of Magusto Wines Pty Ltd or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our suppliers.
1. USER GENERATED CONTENT
You may be able to post, submit, publish, or display content, or transmit content from your Account (hereinafter, “post”) on the Services (collectively, “User Contributions”). You are solely responsible for the User Contributions that you post via the Services, including its legality, reliability, accuracy, and appropriateness. Magusto Wines Pty Ltd is not responsible or liable for the content or accuracy of any User Contributions posted by you or any other member of the Services.
By posting User Contributions to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Magusto Wines Pty Ltd an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Magusto Wines Pty Ltd is not obligated to review, monitor, delete, or edit postings. However, Magusto Wines Pty Ltd reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of these Terms with or without notice. You agree that you have no recourse against Magusto Wines Pty Ltd if we refuse to post, or if we delete or refuse to delete, any post by you or other Services’ users.
The content standards set out below apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you agree that you will not:
· Post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes, without our express prior written consent. The number of postings by any member is subject to reasonable limits at the discretion of Magusto Wines Pty Ltd;
· Post or deliver any advertisement or solicitation via the Services to buy or sell any products or services, or engage in commercial activities and/or sales, without our prior written consent;
· Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
· Post or deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability;
· Post or deliver, or provide links to, any postings containing defamatory, false or libelous material;
· Post or deliver information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
· Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or right of publicity;
· Post or deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
· Post or deliver information that violates our community guidelines;
· Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
· Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
· Use the Services or Content in any manner which could damage, disable, overburden, or impair or otherwise interfere with the other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
· Attempt to gain unauthorized access to the Services, any related website, other accounts, computer system, or networks connected to the Services, through hacking, password mining, or any other means; or
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including harvesting or otherwise collecting information about others such as e-mail addresses.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services, terminating the Account of such violators, or taking further legal action.
1. USER FEEDBACK
By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.
1. LINKS TO OTHER WEBSITES AND SERVICES
The Services may also link to or reference other websites and services (“Linked Services”). Linked Services are not under the control of Magusto Wines Pty Ltd and Magusto Wines Pty Ltd is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Magusto Wines Pty Ltd of the Linked Services or any association with the operators of the Linked Services. Magusto Wines Pty Ltd does not investigate, verify or monitor the Linked Services. Magusto Wines Pty Ltd provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
1. PRIVACY NOTICE
Please refer to our Privacy Notice, which describes our practices and policies related to the collection, use, and storage of information about users of the Services, including your Account information. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information. You expressly consent to the use and disclosure of your personal information and other data and information as may be defined and described in the Privacy Notice.
1. REFERRALS
You will have the opportunity to refer friends and family to the Services. You must only refer friends and family who give you permission to share their personal information. The collection, use, and storage of the personal information of referred parties are also be subject to the practices and policies described in our Privacy Notice.
1. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE Services AND Content ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GET WEIRD MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOES NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. MAGUSTO WINES PTY LTD IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL GET WEIRD BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
1. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GET WEIRD OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSSES OR damages related to PERSONAL INJURY or loss of life arising from use OR MISUSE of the SERVICES OR CONTENT, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
IN NO EVENT WILL MAGUSTO WINES PTY LTD TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE AUD, DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
1. INDEMNIFICATION
You agree to indemnify and hold harmless Magusto Wines Pty Ltd and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all third-party claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of these Terms.
1. GOVERNING LAW; DISPUTE RESOLUTION
These Terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and Magusto Wines Pty Ltd each agree to exclusive jurisdiction and venue in the state and federal courts located in Melbourne, Australia. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and Magusto Wines Pty Ltd will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution. Notice to Magusto Wines Pty Ltd will be sent to the contact information provided in Section 19 (Contact Information). Magusto Wines Pty Ltd will notify you in writing at the email or mailing address that you provide to us in your notice to us or in your Account profile information. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SERVICES, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.
1. CHANGES TO TERMS
We reserve the right to modify these Terms and will notify you of material modifications, such as by posting updated Terms on the Services, sending you an email to your account email, or by other reasonable means. You will continue to be bound by the Terms you initially accepted until your acceptance of any modified Terms. You may be required to accept modified Terms to continue use of the Services.
1. TERMINATION
You may terminate your use of the Services at any time. We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of the Services and Content. Violation of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (i) temporarily suspending your access to the Services, or (ii) permanently terminating your access to the Services. Without limiting the foregoing, we retain the right to decline to provide the Services to any user who violates these Terms or our Privacy Policy.
Termination will not limit any of Magusto Wines Pty Ltd other rights or remedies. Section 5 (Ownership and Intellectual Property), Section 7 (User Feedback), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability and Exclusion of Certain Damages), Section 13 (Indemnification), Section 14 (Governing Law; Dispute Resolution), Section 18 (General Terms), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
1. INTERNATIONAL USE
Please be aware that we are headquartered in the Australia and that the Services and Content are governed by Australian law. If you are using the Services or accessing the Content from outside of the Australia, your information may be transferred to, stored, and processed in Australia where our servers may be located.
Magusto Wines Pty Ltd makes no representation that the Services or Content are appropriate or available for use in locations outside of Australia, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of Australia do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of Australian export laws and regulations.
If you use the Services or access the Content outside of the Australia you, (i) consent to the transfer, storage, and processing of your information to and in Australia; (ii) will not access or use the Services or Content if you are on the Australian Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by Australia; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Magusto Wines Pty Ltd to any registration requirement within such jurisdiction or country.
1. GENERAL TERMS
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Magusto Wines Pty Ltd intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Magusto Wines Pty Ltd agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. Magusto Wines Pty Ltd may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Magusto Wines Pty Ltd failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Magusto Wines Pty Ltd if it is in a written document signed by Magusto Wines Pty Ltd. Both you and Magusto Wines Pty Ltd warrant to each other that, in entering these Terms, neither Magusto Wines Pty Ltd nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Magusto Wines Pty Ltd, or Magusto Wines Pty Ltd successors and permitted assigns, will have any right to enforce any of these Terms.
1. CONTACT INFORMATION
If you have any questions, please contact Magusto Wines Pty Ltd at:
Email: support@magustowines.com
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If you have any support needs, please feel free to contact us at the below address;
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If you have any press inquiries, please feel free to contact us at the link below