This document (hereinafter referred to as “TOS”) is an offer from the website vinaty.com, legally represented by Kirill Labutkin pr Beograd (Registration number: 67010922, Danila Lekića Španca 1, 11077 Belgrade, Serbia) (hereinafter referred to as “KL”), to enter into an Agreement on the use of the Website and the Services based thereon under the terms and conditions set out below.

1. Terms and Definitions

• Agreement means the agreement between KL and the User that is executed in order and under the terms and conditions of these TOS.
• Website means automated information system comprised of software programs and/or databases and the Content and available on the Internet at network address in the following domain (including subdomains): https://vinaty.com/
• Services means services that KL provides to User under the Agreement through the use of the functionality of the Website.
• User Account means the section of the Website to which the User gains access upon registration and/or authorization on the Website. The User Account is intended for storing the User’s personal information and for viewing and managing the available functionality of the Website.

2. Agreement

2.1. By using the Website and/or the Services provided through it in any way or form within their declared functionality and purpose, including: a. Browsing and/or utilizing the Content available on the Website; b. Registering and/or authorizing on the Website; c. Submitting an order for Paid Services; d. Any other use of the Website’s functionality or the Services provided through it; the User enters into an Agreement based on these TOS.

2.2. A mandatory condition for using the Website and receiving the Services provided through it is the User’s full and unconditional acceptance of the terms and conditions of the following documents (hereinafter referred to as the “Mandatory Documents”):
a. Privacy Policy that is posted and/or available on the Internet at https://vinaty.com/privacy-policy and sets forth the rules of processing of User’s personal information including User’s personal data.
b. Access Plans, available on the Internet at https://vinaty.com/pricing/, specify the available functionality, limitations, and other necessary parameters of the Paid Services, as well as the relevant fee for each Access Plan and the payment terms.
c. The Terms of Service outlined on the current page (the permanent page located at https://vinaty.com/terms-of-service/)”

2.3. These TOS, along with the Mandatory Documents, may be amended by KL without prior notice. The new version of the TOS and/or Mandatory Documents will take effect once posted on the Website or communicated to the User in another convenient way, unless stated otherwise in the new version.

3. General Terms and Conditions of use of the Website

3.1. Browsing the materials posted on the Website in the public domain does not require the registration and/or authorization of the User.

3.2. Any other use of the Website’s functionality requires registration and/or authorization of the User in the Website in accordance with the rules set forth by KL.

3.3. The Website’s functionality, the use of which requires preliminary registration and/or authorization, is determined at the sole discretion of KL and may be changed from time to time.

3.4. Upon completion of the registration procedure, a unique User’s Account in the Website is created.

3.5. For registration, the User shall provide reliable information about himself/herself on the issues required in the registration form and to keep this information up to date. If the User provides incorrect information, or KL has reasons to believe that the information provided by the User is unreliable, KL is entitled at its discretion to block or delete the User’s account, as well as to refuse to provide access to the Website and relevant Services in full or in a certain part.

3.6. KL reserves the right to require at any time that the User verify the information provided upon registration and to request supporting documents (personal identification documents, licenses, corporate registration documents, etc); failure to provide these documents may, at KL.’s discretion, be regarded as provision of invalid information and entail consequences according to Clause 3.5 hereof. KL also may perform verification of the User’s information on its own, including by phone calls. In case the User’s information specified in the documents provided by him/her fails to support the information provided upon registration or if the information provided upon registration does not make it possible to identify the User, as well as in case of negative results of the KL.’s own verification, KL shall reserve the right to deny User’s access to the User account and to usage of KL services.

3.7. Information about the User contained in the User’s Account is stored and processed by KL in accordance with the Privacy Policy (https://vinaty.com/privacy-policy/).

3.8. The user agrees that their company’s logo and name can be placed on the website vinaty.com in the list of clients using the service (only if the company has purchased a paid Access Plan). The user may revoke their consent to the placement of the company’s logo and name at any time by sending a request to support@vinaty.com indicating this action.

3.9. If there is unauthorized access to the User account, the User must immediately notify KL in writing. Upon receipt of such notification, the User account will be considered compromised. Any actions taken under the User account will be deemed to be those of the User, unless the account has been compromised.

3.10. KL shall not be responsible for any possible negative consequences arisen from the User’s violation of rules of use of the User account. In case of the User’s violation of terms and conditions of the Website’s use and/or applicable laws, KL shall have the right to suspend or cancel access to the respective User account. In such case the User will be notified about any applied limitations and, if possible, about conditions of their removal.

3.11. The User may close their account at any time. However, no refund will be granted upon cancellation. Accounts can be closed by logging into the User’s account page (if this option is available in the Account section) or by sending an email to support@vinaty.com. The email must match the registration email. KL is obligated to delete the account upon request within 3 business days.

3.12. The User is prohibited from distributing or redistributing any information received through the services provided by KL.

3.13. The purpose of KL is to provide access to a database of wine distributor contacts to companies directly involved in the trade of beverages and alcoholic products. At the same time, resale and distribution of the database to third parties is prohibited under this agreement. Therefore, if KL has reason to believe that access to the database was acquired for distribution to third parties, KL may request additional information from the User during the verification process of the company and its activities. If the User cannot provide confirmation that the company is engaged in trading, manufacturing, or other similar activities, KL may restrict or revoke access to the provided services.

5. Paid Services

5.1. Paid Services means the access to the functionality of User account at the Website that is provided by KL to User for aaccess fee and according to the opted Access plans.

5.2. KL may modify the Access Plans and their features from time to time and will notify you in advance of any changes, including instructions on how to accept them if applicable. Price changes will take effect at the start of the next paid period following the date of the change. By continuing to use the Paid Services after a price change takes effect, you accept the new price, subject to applicable law. If you do not agree with the price change, you may reject it by canceling the Access Plan before the new price takes effect.

5.3. Payment for services on vinaty.com is made in Euros (EUR) according to the prices and plans indicated at https://vinaty.com/pricing/. KL is not responsible for differences between the the cost of the pricing plan indicated on the website and the final amount paid by the User if these differences in cost were due to the conversion of local currency to Euros.

5.4. After purchasing an Access plan, the User gains access to services and receives a specific number of downloads or credits and views based on their chosen Access plan. Credits represent the number of distributor contact downloads available to the User when using KL services. Views represent the number of available profile views for companies in the database that the User can access.

5.5. When purchasing access to the database (Access plan), the User receives a certain number of downloads and views upfront for the entire paid period. Download allows the user to export a company’s profile and contacts from the database in CSV or Xls format. The number of downloads is determined by the selected Access plan. 

5.6. Purchasing a paid Access Plan allows the user to view a certain number of unique companies per month, as specified by the chosen plan. After the paid access period expires, this limit resets to the plan’s specified number. Unused views do not carry over from previous periods.

5.7. KL is not responsible for the accuracy of the contact and other company information provided in the database to which the User has access. Although KL makes every effort to ensure the information is current, there may be instances of outdated or inaccurate data.

5.8. User has the option to purchase company databases for specific countries separately. These databases are subject to the general terms of use of the site and the service terms of KL. A list of available databases for purchase can be found on a separate page at [https://vinaty.com/wine-importers/](https://vinaty.com/wine-importers/). Access to these databases is purchased separately. After payment, users can download the selected country database in an XLSX table format. The columns and their contents are specified for each database separately and may vary. Users are not allowed to transfer the purchased database to third parties, either partially or in full, nor to distribute it publicly. The number of times a user can download the database after purchase may be limited, as well as the duration of the download link’s functionality. KL is committed to providing the database to the user in one of the following ways: a) automatic download in the browser after payment b) sending a link to the user’s email address provided at registration c) placing the link in the user’s account. In general, access is provided immediately after payment. However, in some cases, access may be delayed but will be provided no later than 2 (Two) business days after payment.

5.9. Delivery. The Paid Services shall be deemed delivered upon activation of access to the functionality of the User account according to the paid-up Access plan. KL shall deliver the Paid Services (activate and/or reserve the access) within 3 (Three) business days from the receipt of received fee. In the event of any problem with account access, the User should inform KL immediately at the following email address: support@vinaty.com.

5.10. In the User account section, the User can download all previously paid invoices, as well as a statement of all payments and the periods during which access to the User account was granted. These documents serve as confirmation that services have been provided in full. Access to the User account itself also serves as confirmation of the provision of Paid Services.

5.11. Refund policy. KL offers free trial period for every Access plan and, therefore, before the purchase User may evaluate the functionality of User account and select the Access plan that suits best to the User’s demands. That is why KL refunds the Access plan fee only in cases when the access to the User account was not properly provided to the User according to the Access plan and these TOS. The User’s request for refund shall be submitted to the email address: support@vinaty.com within the period of access under the paid-up Access plan.

Refunds are not provided for purchases of individual country databases due to the specific nature of the product. Upon completion of the transaction, users are granted access to the database, including its contact information, and the delivery of the product or service is considered complete. Issues related to data obsolescence and minor inaccuracies within the database do not justify a refund request.

6. Restrictions of the Website Usage

By accepting the terms and conditions of these TOS, you understand and acknowledge that:

6.1. KL is entitled to set limits and restrictions for the use of the Websites and the Services based thereon for all Users or for certain categories of Users (depending on the User’s location, language of the Service, etc.), including full barring of access by IP-address location, availability/lack of separate functions. Information about the established restrictions shall be brought to the attention of Users in the form and in a way that is determined by the sole discretion of KL.

6.2. Unless otherwise provided by the mandatory documents hereto:

a. The User uses the Website at his/her own risk. The Website and the Services are provided on “as is” and “as available” basis. KL shall not assume any liability, including the liability for the compliance of the Website and the Services based thereon with the User’s purposes;
b. KL does not guarantee that: the Website and/or Services comply with the User’s requirements and shall correspond to them subsequently; Services will be rendered continuously, quickly, reliably and without errors; the results that can be obtained using the Website will be accurate and reliable and may be used for any purpose or in any quality (for example, for establishing and/or confirming any facts);
c. KL is not a party to any transaction executed and performed between Users, and is not responsible for proper execution and performance thereof. In all cases KL acts as informational intermediary within the Website’s functionality and may not be held liable for due performance of the User’s obligations under any transaction, for quality and delivery of goods,etc. All the liability with respect to transactions rests with the parties of such transactions.
d. Due to the fact the Website and Services based on them are the subjects of permanent amendments and updating, the form and nature of functionality of the Website and the Services may be changed from time to time without prior notice to the User. KL is entitled, if necessary, to terminate (temporarily or finally) the Services performing (or any separate function within the Services) to all Users in general or to an individual User, in particular without prior notice thereof;
e. KL is not liable for any losses and damages caused by the User’s use or inability to use of the Website and/or Services based thereon;
f. In any circumstances, the liability of KL may not exceed the amount paid by User for Paid Services for relevant period or One hundred euro, whichever is greater, and may be imposed on KL only in case of guilt in its actions.

6.3. If the User is geographically located in the Republic of Serbia, and their preferred means of payment is connected with a financial organizations in the Republic of Serbia, or they are a resident of the Republic of Serbia, then purchasing and paying for services on vinaty.com is not permitted. In this case, if a  User wishes to gain access to the services provided by KL, they should write a letter to support@vinaty.com. They will then receive alternative payment methods allowing them to transfer funds in Serbian Dinar (RSD), the currency of the Republic of Serbia.

6.4. Automated data extraction, including the use of parsers or scrapers, from this website (https://vinaty.com/) or https://app.vinaty.com/, commonly referred to as ‘screen scraping,’ is strictly prohibited. By accessing or using our services, you agree to abide by this restriction. Unless a third party has obtained written permission from KL through a valid license agreement, any such activity is unauthorized. Violation of this policy may result in the termination of your account or legal action. KL reserve the right to enforce this policy and take appropriate measures against violators. By agreeing to these terms, you acknowledge and agree to comply with all outlined terms and conditions.

7. Intellectual rights

7.1. KL grants the User a limited, non-transferable, non-exclusive, revocable right to access and use the Website and the Services within their functions.

7.2. The User agrees not to, and not to allow any third party to: (i) reverse engineer or otherwise attempt to discover the underlying code of the Website; (ii) copy, modify, adapt, translate or otherwise create derivative works of the Website; (iii) rent, lease, sell, assign, or otherwise transfer rights in the Website or the Services to any third party; (iv) remove any proprietary notices or bypass any security measures of KL with respect to the Website and the Services; (vi) use the Website and the Services in a manner that is not compliant with all applicable laws, rules or regulations and within the scope of the limited rights granted hereunder.

8. Notifications

8.1. KL is entitled to send informational messages (hereinafter referred to as “Notifications”) about important events occurring within the Website or related to it to the User via the e-mail and phone numbers indicated in his/her Personal Account.

8.2. In addition, it is allowed to use Notifications to inform the User about restrictions on access to the Website and/or the Services in case of preventive maintenance, the User’s violations, changes in the functionality of the Website, the scope or terms of providing the Services, including amendment of these TOS, mandatory and addendum documents.

8.3. KL is entitled at its own discretion to use Notifications for the distribution of advertising of its own services and products (services) of third parties.

9. Electronic Signature Agreement

9.1. In the relationship between KL and the User, electronic documents certified by a simple e-signature can be used. A simple e-signature is an electronic signature that, through the use of the User’s login and password or the e-mail address of the User indicated in the Personal Account (electronic signature key), confirms the fact that the electronic signature is generated directly by the User. As agreed by the Parties electronic documents signed by a simple e-signature shall be recognized as equivalent to documents on paper signed with a wet signature.

9.2. KL identifies the User, to whom a simple e-signature corresponds, according to the User’s login and password set during registration/authorization in the Website – in case of any actions to use the Website or according to the email address applied by the User – in case of KL received any messages from this address. Any actions taken using a simple e-signature of a certain User shall be deemed committed by such User.

9.3. The User’s order for provision of the Services made in his/her Personal Account or by sending a KL e-mail from the address stipulated in the Personal Account equals the signing of such electronic document with the User’s simple e-signature and confirms his/her intention to conclude agreement under these Terms Of Service and mandatory documents including relevant Access plan.

9.4. In case of unauthorized access to the login and password, their loss or disclosure to third parties, the User shall immediately notify KL about this by sending an e-mail from the e-mail address indicated in his/her Personal Account.

10. Final Provisions

10.1. The UN Convention for the International Sale of Goods will not apply to this TOS and Agreement on their basis.

10.2. All disputes hereunder or in connection therewith shall be subject to consideration of Arbitration Institute of the Stockholm Chamber of Commerce in accordance with the procedure applied by this court.

10.3. If by any reason one or several provisions hereof become invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions hereof.

11. KL.’s Details:

Kirill Labutkin pr Beograd (Serbia)
Registration number: 67010922
Danila Lekića Španca 1, 11077 Belgrade, Serbia

e-mail: support@vinaty.com

Current version of the Terms from 24.10.2024