Terms of Use

This Terms of Use agreement ("Terms") applies to your access and use of services provided by Door Explorer — ABN: 14 462 437 404, (“we/us/our”) — available on doorexplorer.com (the “Site”).

These Terms are a legally binding contract between you and Door Explorer, so please read them carefully. By using our services, you agree to be bound by these Terms. If you don't agree with these Terms, then you should not access or use our services.

We may change these Terms at any time, and such changes will be posted on this page. You should review these Terms regularly to ensure you are aware of any changes made by us.

1.1. Acceptance of Terms

By accessing or using Door Explorer, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you disagree with any part of the terms, then you may not access our services. Your continued use of our services represents your agreement to these Terms.

1.2. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

It's your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new terms, you are no longer authorised to use Door Explorer.

Definitions

In this section, we define some key terms that are used throughout our Terms of Use.

2.1 General Terms

These general terms apply throughout this document and are used to establish a clear understanding between Door Explorer and the users of our platform.

  • User: Refers to anyone who accesses, browses, or otherwise uses the Site, regardless of the individual's level of participation or engagement with the services.
  • Site: Refers to the Door Explorer website, accessible at doorexplorer.com, and includes all associated web pages, services, and features offered by Door Explorer.
  • We/Us/Our: Refers to Door Explorer, including its owners, directors, investors, employees, or other related parties.
  • Content: Refers to text, images, photos, audio, video, location data, and all other forms of data or communication that can be posted, shared, and otherwise made available on the Site.
  • Terms: Refers to these Terms of Use, including any future modifications.
  • Services: Refers to the functionalities, products, services, and information available through the Site— see Service Provision.

2.2 Specific Terms

These definitions are intended to help clarify the meanings of these terms in the context of Door Explorer and ensure a consistent understanding for all parties involved.

  • Winery: A business entity engaged in the sale of wine, offering associated experiences, and operating one or more cellar doors for wine tastings and tours.
  • Cellar Door: The specific site or venue where wine tastings and other visitor experiences occur. A single winery may operate multiple cellar doors.
  • Booking: A user's arrangement for a wine tasting at a cellar door via Door Explorer, consisting of several stages detailed in section 4.2. Bookings.
  • Trip: A custom itinerary created by users on Door Explorer, which may include multiple bookings for wine tastings at various cellar doors.

Using Door Explorer

3.1 Eligibility

Users must be at least 18 years of age and capable of forming legally binding contracts to utilise Door Explorer. By using the Site, you agree to these Terms and confirm that you meet the eligibility requirements.

3.2 Account Registration and Security

Creating a Door Explorer account is required to make bookings, plan trips, or leave reviews. You must provide accurate, current information and are responsible for all activities that occur under your account. You must maintain the security of your account credentials. Please note, your personal information will be handled in accordance with our Privacy Policy.

3.3 User Responsibilities

Your account is your responsibility. That includes any bookings made through your account. Keep your login details safe because we're not responsible for losses due to unauthorised access. If we notice any illegal or suspicious activity, we might report it to the authorities.

3.4 Content Provided by Users

When you submit content (such as reviews and photos), you grant Door Explorer a royalty-free license to use, store, display, publish, and reproduce that content in full or as an excerpt or summary. See the section titled Intellectual Property Rights for more detail on copyright and content use.

All submitted content must be accurate and honest, adhering to our review guidelines in 6.3 Reviews. You must not post unlawful, explicit, or defamatory material. Violation of these rules may result in account termination as detailed in the Termination section.

3.5 Restrictions on Use

Door Explorer's content and services should not be misused. You must not scrape, use bots, or perform actions that could affect our services. Any misuse or overburdening of the platform is prohibited.

Service Provision

4.1 Description of Services

Door Explorer offers a platform that allows users to discover wineries, book tastings, plan trips, and leave reviews. We act as an intermediary between users and wineries, facilitating the booking process but not directly providing the tasting services.

4.2 Booking Process

Users can request bookings for tastings through our platform. The booking process involves several stages:

  • Booking Request: A user's initial proposal for an experience, indicating preferences. This is not a confirmed booking.
  • Pending Booking: The stage where the winery reviews the user's request, awaiting confirmation or rejection.
  • Confirmed Booking: The winery's agreement to the user's request, securing the booking.
  • Rejected Booking: Occurs when the winery cannot accommodate the request, often due to scheduling conflicts.
  • Cancelled Booking: The cancellation of of a previously confirmed booking by the user or winery. For more details, please refer to section 4.3 Cancellation Policy.

4.3 Cancellation Policy

Each winery sets its own cancellation policy. Users are responsible for understanding and adhering to the cancellation policy of the winery they book with. Door Explorer is not responsible for any fees or penalties associated with cancellations.

4.4 No-Show Policy

When users book tastings through Door Explorer, it is expected that they honor their booking. If a user cannot attend a booked tasting, they should cancel their booking in accordance with the winery's cancellation policy. Failure to show up for a booking without prior cancellation is considered a "no-show."

Consequences for no-shows may include:

  • Notification: Users who fail to honour their bookings will receive a no-show notification via email or other communication methods associated with their account.
  • Account Limitations: Repeated no-show incidents may result in limitations on booking capabilities or other restrictions on the user's account.
  • Fees: Some wineries may impose fees for no-shows. Users are responsible for any no-show fees set by the winery.
  • Account Suspension: In cases of frequent no-shows, Door Explorer reserves the right to suspend or terminate the user's account.

We understand that unforeseen circumstances can arise. If you believe you have been marked as a no-show in error or have valid reasons for missing a booking, please contact us at [email protected].

4.5 Payments and Fees

Some services on Door Explorer may require payment. All fees are stated in Australian dollars and are non-refundable. Users are responsible for any additional charges or fees set by individual wineries.

4.6 Promotions and Offers

From time to time, Door Explorer may offer promotions or special offers. These may have separate terms and conditions. Users are advised to read and understand any additional terms before participating in promotions.

Intellectual Property Rights

5.1 Ownership

Except for user-submitted content (refer to 5.2 User Content) and content sourced from winery websites (refer to 5.3 Copyright and Fair Dealing), all other materials on Door Explorer, including designs, logos, and graphics, are the exclusive property of Door Explorer or its licensors. Unauthorised use, reproduction, or distribution is strictly prohibited.

5.2 User Content

When you submit content to Door Explorer, you represent that you have the necessary rights to share it without infringing on third-party rights. You retain ownership of your content but grant us a license to use and display it on our platform.

5.3 Copyright and Fair Dealing

At Door Explorer, we take intellectual property rights seriously and expect the same respect from our users. We use content from winery websites to help promote their offerings, following the fair dealing rules in Australian copyright law. This means we only use copyrighted material in ways that are legal, like for commentary, reporting news, education, or research.

If you think we've used your copyrighted material in a way that doesn't follow these rules, please let us know. For any issues with copyright, you can reach us directly at [email protected].

5.4 Links and Third-Party Websites

Our platform may contain links to third-party websites. These links are provided for convenience and do not signify our endorsement or responsibility for the content, products, or services available on those sites. We have no control over these third-party websites and are not responsible for their content or privacy practices. Users are encouraged to read the terms and privacy policies of any third-party websites they visit.

5.5 Trademarks

All trademarks, logos, and service marks displayed on Door Explorer are our property or the property of other third parties. You are not permitted to use these trademarks without our prior written consent or the consent of the third party that owns the trademarks.

If you wish to promote or link to Door Explorer, please contact us for permission and guidance on correct usage at [email protected].

User Interactions and Disputes

6.1 Interactions with Other Users

While using Door Explorer, you may interact with other users, wineries, and cellar doors. You are solely responsible for these interactions and any communication or agreements made between you and other users. We encourage you to exercise caution and good judgment when interacting with others.

6.2 User Disputes

Disputes may arise between users and wineries, especially concerning bookings, booking fees, and services received. While Door Explorer provides a platform for users to interact with wineries and make bookings, we are not involved in the actual transaction or agreement between the user and the winery. As such, Door Explorer is not responsible for mediating or resolving disputes that arise from these interactions. Users and wineries are encouraged to communicate directly and amicably to resolve any issues.

6.3 Reviews

Users have the opportunity to submit feedback and reviews about wineries and cellar doors on Door Explorer. When submitting reviews, please keep the following in mind:

  • Honesty and Accuracy: All review content must be honest, accurate, and based on your personal experience.
  • Negative Reviews: Constructive criticism is acceptable, but please be respectful. Remember that there are real businesses and individuals behind each listing. We encourage a positive and helpful approach when sharing negative feedback.
  • Defamation and Slander: Using Door Explorer to defame or slander a winery or any entity is strictly prohibited. We reserve the right to remove any content that we believe is defamatory or violates our guidelines.

We reserve the right to remove or edit reviews that do not adhere to our guidelines or that we deem inappropriate for any reason.

Privacy and Data Protection

7.1 Privacy Policy Reference

Your privacy is of utmost importance to us. For a detailed understanding of how we collect, use, and protect your personal information, please refer to our Privacy Policy. By using Door Explorer, you agree to the practices described in the Privacy Policy.

7.2 Data Use and Security

We are committed to ensuring the security of your data. We employ various security measures to protect the personal information you provide to us. However, no online platform is entirely secure, and we cannot guarantee absolute security. It's essential to protect against unauthorised access to your password and your computer. Always sign off when finished using a shared computer.

7.3 Data Breaches

In the unlikely event of a data breach, we will take all necessary steps to mitigate the impact and notify affected users in accordance with applicable laws.

7.4 Third-Party Services

Door Explorer may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to read the privacy policies of any third-party sites or services you visit.

Limitation of Liability

8.1 Service "As Is"

Door Explorer is provided "as is" and "as available" without any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 Limitations

To the maximum extent permitted by law, including the Australian Consumer Law, Door Explorer and its affiliates, directors, officers, employees, agents, and licensors will not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary loss, damage, or expense, irrespective of the manner in which it occurs. This includes, but is not limited to, loss of profits, goodwill, data, or any other intangible losses resulting from:

  • Your use or inability to use Door Explorer;
  • Unauthorized access to or use of your account;
  • Any conduct or content of any third party on the platform;
  • Any content obtained from the platform; and
  • Any other matter related to the platform.

8.3 Indemnification

You agree to indemnify, defend, and hold harmless Door Explorer, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use or misuse of Door Explorer;
  • Violation of these terms;
  • Violation of any rights of a third party.

Door Explorer reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Door Explorer's defense of such claim.

Termination

9.1 Grounds for Termination

We reserve the right to terminate your access to Door Explorer for reasons including:

  1. Failure to meet the eligibility criteria, such as being underage.
  2. Reported misconduct at a Winery or Cellar Door, which may also be referred to law enforcement.
  3. Repeatedly missing bookings or making fraudulent bookings.
  4. Submitting content that is inappropriate, inaccurate, or defamatory.
  5. Engaging in activity that is fraudulent, illegal, or harmful to Door Explorer or other users.
  6. Using automated tools, such as bots or scrapers, to access or misuse our services.
  7. Initiating legal action against Door Explorer.
  8. Violation of these terms or any other policies we have in place.

It's important to note that while we aim to ensure a safe and respectful environment on Door Explorer, we must also adhere to the Australian Consumer Law and the Privacy Act 1988. This means that while we have the right to refuse service, our termination decisions will always be reasonable, non-discriminatory, and in line with these legal provisions.

9.2 Effect of Termination

Upon termination:

  • Your right to use Door Explorer will cease immediately.
  • You may not create another account on Door Explorer.
  • We will retain your account information for our records in compliance with the Australian Privacy Principles. This data will be handled in a manner that respects your privacy and rights.
  • If your actions have been harmful or illegal, we may report your behaviour and account details to the relevant authorities.

Miscellaneous

10.1 Governing Law

These terms are governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within New South Wales for the resolution of any disputes arising from these terms.

10.2 Dispute Resolution

In the event of a dispute arising from these terms, the parties agree to seek resolution through mediation before resorting to arbitration or litigation. Costs of any mediation will be shared equally between the parties. If the dispute cannot be resolved through mediation, it shall be resolved through binding arbitration in New South Wales, Australia, with the parties sharing the costs equally.

10.3 Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

10.4 Waiver

No waiver of any provision of these terms shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of Door Explorer to enforce any provision of these terms shall not constitute a waiver of such provision.

10.5 Assignment

Users may not transfer or assign their booking or account rights to others. Bookings made through Door Explorer are for the personal use of the registered user and their party only. For bookings made by third parties (e.g., tourism operators or personal assistants) on behalf of others, please contact us directly at [email protected].

10.6 Entire Agreement

These terms, together with any documents expressly referred to within them, constitute the entire agreement between you and Door Explorer and supersede all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to their subject matter.

Contact Information

11.1 Contact Details

For any questions about these terms, please contact us at [email protected].