Cookies and wine?
This document (hereinafter referred to as “TOS”) is an offer of Wine list Ltd (hereinafter referred to as “WL”) to enter into the Agreement on the use of the Website and the Services based thereon under the terms and conditions set out below.
1. Terms and Definitions
1.1. The following terms and definitions apply in this document and the resulting or relevant relations of the Parties:
a. Agreement means the agreement between WL and the User that is executed in order and under the terms and conditions of these TOS.
b. User means a person or entity that has accepted these TOS in order stipulated herein. In case User is registered and/or uses the Website on behalf of and/or for the benefit of an entity, actions of such User deemed to be actions of such entity.
c. 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/
d. Services means services that WL provides to User under the Agreement through the use of the functionality of the Website.
e. Content means any images, text, audio and video materials, including descriptions and images of the goods, advertising materials and texts of messages that Users upload on the Website or access through the use of the Website.
f. Company means incorporated or unincorporated business that has the Corporate account on the Website and on behalf of and/or for the benefit of which the User is acting.
g. Corporate account means the Company’s personal section of the Website created upon the registration of the Company on the Website including the Content uploaded to this section and Personal accounts of the Users.
h. Personal Account means the personal section of the Website that is a part of the Corporate account, to which the User obtains access upon registration and/or authorization in the Website. The Personal Account is intended for storage of the User’s personal information, viewing and management of available functionality of the Website.
1.2. Other terms and definitions that are not stipulated in paragraph 1.1 hereof may be applied in these TOS. In this case, such terms are interpreted in accordance with the text of the TOS. If there is not an unambiguous interpretation of the term or definition in the text of the TOS and other documents constituting the arrangement on the terms of the Agreement, it’s necessary to apply its interpretation defined first of all by the applicable laws and, in the following, by the business practice and scientific doctrine.
2.1. By using the Website and/or the Services provided on its basis in any way and in any form within their declared functionality and purpose, including:
a. Browsing and/or application of the Content placed on the Website;
b. Uploading the Content on the Website including placement of information about the goods and links thereto;
c. Registration and/or authorization on the Website;
d. Submitting order for the Paid Services;
e. Any other use of the functionality of the Website or the Services provided on its basis;
creates an Agreement based on these TOS.
2.2. These TOS and the mandatory documents stipulated therein determine the terms for the use of the Website and the Services provided on its basis.
2.3. The mandatory condition for the use of the Website and the rendering of the Services on its basis is the full and unconditional acceptance of the terms and conditions of the following documents by the User (hereinafter referred to as the “mandatory documents”):
b. Subscription plans that is posted and/or available on the Internet at https://vinaty.com/plans/ and specify available functionality, limitations and other necessary parameters of the Paid Services as well as relevant Subscription fee for each Subscription plan and order of payment.
2.4. These TOS, including its mandatory documents, can be amended by WL without any special notification. The new version of TOS and/or the mandatory documents stipulated therein shall come into force since the moment of posting on the Website or bringing it to the User’s notice in another convenient form, unless otherwise set by the new version of TOS and/or the mandatory documents stipulated therein.
2.5. By using any of the possibility listed in the paragraph 1.3 hereof you hereby acknowledge as follows:
a. You have reviewed the terms and conditions of these TOS and the mandatory documents stipulated therein in full prior to using the Website and/or the Service rendered on its basis.
b. You accept all of these TOS and the mandatory documents stipulated therein in full without any exceptions and limitations on your part and undertake to adhere to it or terminate the use of the Services. If you do not agree with these TOS and the mandatory documents stipulated therein, or you are not entitled to enter into Agreement on their basis, you should immediately terminate the use of the Website and the Service provided on its basis.
2.6. The current version of these TOS is published at: https://vinaty.com/terms-of-service
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 WL.
3.3. The Website’s functionality, the use of which requires preliminary registration and/or authorization, is determined at the sole discretion of WL and may be changed from time to time.
3.4. Upon completion of the registration procedure, a unique User’s Personal 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 WL has reasons to believe that the information provided by the User is unreliable, WL 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. WL 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 WL's discretion, be regarded as provision of invalid information and entail consequences according to Clause 3.5 hereof.WL 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 WL’s own verification, WL shall reserve the right to deny User's access to the User account and to usage of WL services.
3.8. The registered User shall independently determine the procedure for using the Personal Account and other functionality of the Website and the Services, which, however, under no circumstances may contradict to these TOS.
4. Corporate account
4.1. The Corporate accounts are intended solely for Companies engaged in business of wine production (Wineries) and/or wine distribution (Distributors). By registering Corporate account, User confirms and warrants that the Company is actually in respective business. In case WL suspects or finds out that the said representation is not true, WL reserves the right to suspend or cancel access to and/or delete such Corporate account.
4.2. The Company may have only one Corporate account on the Website. It is strictly prohibited to register more than one Corporate account that belong to one Company.
4.3. The Company grants access to its Corporate account to Users at the Company’s own discretion within the applicable limitations.
4.4. The Company shall be responsible for any actions performed by the Users under the Corporate account including cases when Company provides access to its Corporate account to any third party under any conditions.
4.5. In case unauthorized access to the Corporate account the Company shall immediately notify WL thereof in writing. Upon receipt of such notification the Corporate account shall be deemed compromised.
4.6. Any actions performed under the Corporate account shall constitute actions of the Company itself to the extent that the Corporate account is not compromised.
4.7. WL shall not be responsible for any possible loss or amendment of the Content as well as for any other negative consequences arisen from the User’s violation of rules of use of the Corporate account.
4.8. In case of the User’s violation of terms and conditions of the Website’s use (these TOS, Mandatory documents and any other applicable rules) and/or applicable laws, WL shall have the right to suspend or cancel access to the respective Corporate account. In such case the Company will be notified about any applied limitations and, if possible, about conditions of their removal.
5. Paid Services
5.1. Paid Services means the access to the functionality of Corporate account at the Website that is provided by WL to User for a subscription fee and according to the opted Subscription plan.
5.2. WL may change the Subscription plans, including recurring subscription fees, duration of access periods (for periods not yet paid) to and the composition of the functionality of the Paid Services, from time to time and will communicate any changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Paid Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by canceling of the Subscription prior to the price change going into effect.
5.3. By purchasing the Paid Services User consents to recurring payments that means that according to the User’s opted Subscription plan the Paid Services will be automatically renewed upon each expiration of its term and each time respective subscription fee will be automatically paid (debited) until User withdraw his/her consent (cancel subscription).
5.4. Delivery. The Paid Services shall be deemed delivered upon activation and/or reservation of access to the functionality of the Corporate account according to the paid-up Subscription plan. Unless different term is set forth in the Subscription plan or agreed upon by the Parties in writing, WL shall deliver the Paid Services (activate and/or reserve the access) within 3 (Three) business days from the receipt of subscription fee. In the event of any problem with account access, the User should inform WL immediately at the following email address: firstname.lastname@example.org
5.5. In the subscription section of the User's account, the User may download all previously paid invoices, as well as a statement of all payments and the periods in which access to the Corporate account was granted. These options are in themselves confirmation of the fact that services have been provided in full. Confirmation of the provision of Paid Services comes in the form of access to a corporate account.
5.6. Refund policy. WL offers free trial period for every Subscription plan and, therefore, before the purchase User may evaluate the functionality of Corporate account and select the Subscription plan that suits best to the User’s demands. That is why WL refunds the subscription fee only in cases when the access to the Corporate account was not properly provided to the User according to the Subscription plan and these TOS. The User’s request for refund shall be submitted to the email address: email@example.com within the period of access under the paid-up Subscription plan.
6. Restrictions of the Website Usage
By accepting the terms and conditions of these TOS, you understand and acknowledge that:
6.1. WL 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, maximum period of storage of information and data, special parameters of uploaded information, etc.
6.2. 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 WL.
6.3. 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. WL 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. WL 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); the quality of any product, service, information and data obtained using the Services shall meet the expectations of the User;
c. Any information and/or materials (including personal information, ratings, briefs, reviews, letters, any instructions and manuals for action, etc.), accessible via the Website, the User may use at his/her own risk and the User is independently liable for the possible consequences of using the mentioned information and/or materials, including any damages to the User;
d. WL 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 WL 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.
e. 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. WL 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;
f. WL 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;
g. In any circumstances, the liability of WL 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 WL only in case of guilt in its actions.
6.4. The User shall be independently liable to third parties for its actions when using the Website and/or the Services, inter alia, shall guarantee that his/her actions conform to legal requirements and do not infringe third-party rights and legitimate interests.
6.5. In particular, when using the Website, the User is not entitled to:
a. upload, send, transmit or otherwise distribute information that is illegal, harmful, defamatory, offends morality, demonstrates (or propagates) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains insults to any person or organization, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) sexual services (including under the guise of other services), explains the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
b. violate the rights of third parties, including minors and/or to harm them in any form;
c. impersonate another person or representative of the institution and/or community without sufficient rights, including for employees of WL, and also to use any other forms and methods of illegal representation of other persons on the Internet, and also to enter users or WL in misconception about the properties and characteristics of any subjects or objects;
d. upload, send, transmit or otherwise distribute non-authorized advertising information, spam, lists of e-mail addresses, pyramid schemes, multi-level (network) marketing (MLM), the system of Internet earnings and e-mail business, “chain letters”, as well as use the Website to participate in these events;
e. disrupt the normal operation of the Website;
f. otherwise violate legal provisions, including rules and regulations of the applicable law.
6.6. If there are claims filed by third parties against User’s violation of any rights of third parties, as well as the prohibitions or restrictions established by the law, upon WL’s request such User shall undergo the official identification by providing WL with written obligation to settle the claims independently and at his/her own expense.
6.7. If WL is brought to justice or imposed with a penalty in connection with the User’s violations of the rights and/or interests of third parties, as well as the prohibitions or restrictions established by the law, such User shall compensate WL for the losses in full.
6.8. In case of repeated or gross violation of the terms and conditions of the Agreement and/or legal requirements, WL may block or delete the User's account, prohibit access to certain part of Website and/or the Services, and delete any information indicated by the User in the Personal Account, without prior notice.
7. Intellectual rights
7.1. Subject to your compliance with these TOS, WL grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Website and the Services within their functions.
7.2. You agree that you will not, nor will you 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 WL 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.
7.3. WL shall retain all intellectual property rights as well as any other property rights in and to the Website, the Services as well as other services that are provided under these TOS, including, patents, trademarks, source codes, databases, hardware and/or any other material (e.g. documentations, developments, functions, report templates, preparatory material, etc.).
7.4. By accepting the terms and conditions of these TOS, the User shall provide WL with a royalty-free non-exclusive license for using the Contentfor the purpose of development and management of the Website in the following ways:
• to reproduce the Content, i.e. to make one or more copies of the Content in any material form, as well as its recording in the memory of the electronic device (the right to reproduce);
• to distribute copies of the Content, i.e. to provide access to material reproduced in any material form, including through network and otherwise, as well as by selling, renting, leasing, lending, including importation for any of these purposes (right of distribution);
• to publicly display the Content (right to public display);
• to publicly perform the Content (the right to public performance);
• to posting the Content in such a way that any person can access it online from any place and at any time of his/her choice (right to make publicly available);
• to modify the Content, i.e. rework or otherwise process the Content, including the translation of the Content from one language to another (right to alter);
• right to assign all or part of the received rights to third parties (the right to sublicense).
7.5. The aforementioned non-exclusive license for the use of Content is provided to WL at the same time as the Content is uploaded on the Website for the entire duration of the exclusive rights to copyright and/or related rights that constitute such Content for use on the territory of all countries of the world.
7.6. The User guarantees that he/she has the right to use the Content under the terms and conditions of the aforementioned license to the extend required.
8.1. WL 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. WL 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 WL and the User, electronic documents certified by a simple e-signature can be used.
9.2. 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.
9.3. 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.
9.4. WL 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 WL received any messages from this address.
9.5. Any actions taken using a simple e-signature of a certain User shall be deemed committed by such User.
9.6. The User’s order for provision of the Services made in his/her Personal Account or by sending a WL 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 Subscription plan.
9.7. The User shall keep confidentiality of the electronic signature key. In particular, the User is prohibited to disclose his/her password or provide access to his/her e-mail to third parties, and the User shall be fully liable for their safety and personal use, independently choosing the way they are stored and limiting access to them.
9.8. In case of unauthorized access to the login and password, their loss or disclosure to third parties, the User shall immediately notify WL about this by sending an e-mail from the e-mail address indicated in his/her Personal Account.
9.9. In case of loss or unauthorized access to the e-mail address indicated in the Personal Account, the User shall to immediately change such address in the Personal Account with a new one and report this fact to WL by sending an e-mail from a new e-mail address.
10. Final Provisions
10.1. 10.1. The UN Convention for the International Sale of Goods will not apply to this TOS and Agreement on their basis.
10.2. 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. WL’s Details:
Wine list Ltd
Registration number: 1113926030800
Address: 1-7 Yuzhniy pereulok, city of Kaliningrad, Russia, 236039.
Current version of the Terms from 15.02.2022