Vinalytics Terms and Conditions

Welcome to the website of Vinalytics should you have any questions regarding the following terms and conditions, please do not hesitate to contact us via email via , enquiries@vinalytics.com

Our registered address is:-

4th Floor, Imperial House, 15 Kingsway, London, WC2B 6UN.

Our company registration number is:-

7258048, Registered in England and Wales

In the following terms and conditions and privacy policy, the term ‘Vinalytics’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ or ‘user’ or ‘subscriber’ refers to the user or viewer of our website, whether that may be a trade member, public subscriber, or third party advertiser.

  1. Contents are only for general information.
  2. Vinalytics web site is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the Site or any of its contents.
  3. Vinalytics and its owners will not be liable for any damages without limitation, damages for any consequential loss or loss of business opportunities or loss of profits. however arising from the use of or inability to use the Vinalytics Site, or any of its contents, or from any action or omission taken as a result of using the Site or any of its contents.
  4. This Site contains material in the form of adverts and wine lists submitted by third party advertisers and traders in fine wine and we accept no responsibility for the content or accuracy of such adverts or information, nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised or shown in price lists whatsoever.
  5. We make no warranty that the contents of the Site are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
  6. Where part of the Site contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal requirements. Although acceptance of advertisements on the Site is subject to our discretion, we do not accept liability in respect of any advertisements.
  7. Where we provide links to other sites or email contacts, we do so for information purposes only. Such links do not in anyway constitute an endorsement of third party products, or services. You use such links at your own discretion and at your own risk.
  8. All liability is excluded to the extent permitted by law including any implied terms.

 

Collecting your Information:

Vinalytics collects personal information when providing goods or services to clients. This information includes details such as your name, address and contact details. We do not normally collect or store sensitive information, and we do not store complete credit card details which have been supplied via the internet. Personal information collected is stored within Vinalytics servers and we may use it to contact you when necessary.

Vinalytics collects anonymous statistics to monitor website activity to improve services for our clients. These statistics include such details as website referrers and pages visited, along with dates and times. These details are not directly related to any personal details.

General Guidelines
Vinalytics is committed to protecting your privacy online by following UK and international privacy laws. Vinalytics does not sell or trade collected information to third parties. Vinalytics will only pass your details on to third parties in compliance with our services at your request and with your permission.

Cookies

Vinalytics does not store personal information in cookies. Cookies stored on our visitors' and clients' computers hold only basic and essential information to allow automatic logins for member accounts, and a smooth miscellaneous website flow.

Security of Information

Vinalytics takes all reasonable measures to ensure our client and website visitor information is secure. Unfortunately the internet is not a perfectly secure environment, so information disclosed by clients or visitors via the internet is done so at their own risk. All customers’ credit cards are protected by an 128bit or higher SSL Certificate.

Services  

Vinalytics provides free and paid for information and a range of online tools aimed at providing information, collating and ordering the data and to assist the user in collecting and sourcing fine wine and wine related products.

Subscription

Vinalytics shall provide Free and Paid-for Content. Vinalytics reserves the right to vary the Free and Paid-for Content and does not guarantee that the Free Content will remain free of charge and does not guarantee that the Paid-for Content will remain a Paid-for service. Any changes will be made one calendar month after details have been posted on the website and members have been informed by email. If any amendment is unacceptable you may terminate your agreement by notifying us in writing or by email prior to the changes being made.

Subscribers shall use an identifier in conjunction with a password to log onto the paid areas of the site, from one or more personal computers. You may not access the site from more than one computer at any one time. Public subscription is for one user, it may not be shared, resold, subdivided or sublicensed.

Trade membership entitles the subscribing company access for an agreed number of employees. For the security of the subscribing company and Vinalytics.com individual employees shall be ascribed a login identifier and password. In the case of an individual leaving the employ of the subscribing company the login details of that individual shall be cancelled and a new identifier and password may be allocated to another employee.

Each employee allocated log in details shall be covered by similar conditions to a public subscriber in so much as they may not access the site from more than one computer at any one time. The identifier and password is for one user, it may not be shared, resold, subdivided or sublicensed.

The term of your subscription is agreed at the time of registration. We will attempt to contact you 14 days before the end of the period and renewal will automatically take place unless the automatic renewal is turned off in the subscriber’s control panel.

Once having paid the Fee for the supply of Paid-for Content you will have the right to cancel any transaction and receive a full refund provided that the notice of cancellation is received by Vinalytics within 14 days of the date of the transaction. Once the User has accessed the Paid-for Content, it is deemed that you have commenced using the services of Vinalytics and the right to cancel and receive a refund ends. This does not affect the User’s statutory rights under UK law

If a client pays by credit card, Vinalytics will refund the client's credit card. All other refunds will be made by Cheque.

Vinalytics accepts no responsibility for lost or late mail. All mail is handled by a Royal Mail, or a combination of national carriers.

Terms & Conditions

Whilst every effort has been made to ensure the accuracy of the information on this website, the publisher assumes no responsibility for errors or omissions or for any consequences of reliance on this website. Vinalytics publishes advertisements and wine lists provided by advertisers and wine sellars but gives no warranty and makes no representation as to the truth, accuracy or sufficiency of any advertisement or any description, photograph or statement therein. Vinalytics also publishes blogs, forums and news feeds on the website but gives no warranty and makes no representation as to the truth, accuracy or sufficiency of any film, description, photograph or statement therein. Vinalytics accepts no liability for any loss suffered by any person as a consequence of reliance on any advertisement or other material on this website or any video. Vinalytics reserves the right to refuse any advertisement, wine list, feed, comment, photograph, or video.

Advertisers Warranty and indemnity

Advertisers (including agencies) upon and by lodging material with the publisher for publication or authorising or approving the publication of any material either now or at any time in the future HEREBY INDEMNIFY Vinalytics, its servants and agents against all actions, claims or proceedings of any kind whatsoever arising from the publication of that material and without limiting the generality of the foregoing IDEMNIFY each of them in relation to any breach of copyright, infringement of trademarks or names of publication titles, breach of unfair competition or trade practices legislation, infringement of royalties or violation of rights of privacy or defamation or slander action AND WARRANT that the material complies with all relevant laws and regulations and that publication will not give rise to any rights against or liability of Vinalytics, its servants or agents and in particular that nothing therein is capable of being misleading or deceptive or otherwise in breach of the Trade Practices Act, the Fair Trading Act or other like legislation. Advertisers of veterinary chemical products (including vitamins, minerals and food additives) WARRANT that their products comply with the Agvet Code and INDEMNIFY Vinalytics, its servants and agents in relation to any prosecution, action or claim thereunder. Whilst every effort has been made to ensure the accuracy of the information in this website, the publisher assumes no responsibility for errors or omissions or for any consequences of reliance on this website. Vinalytics publishes advertisements provided by advertisers but gives no warranty and makes no representation as to the truth, accuracy or sufficiency of any advertisement or any description, photograph or statement therein. Vinalytics accepts no liability for any loss suffered by any person as a consequence of reliance on any advertisement or other material in this public action or any video. Vinalytics reserves the right to refuse any advertisement.

Copyright

The entire contents of the Website are protected by copyright (unless otherwise indicated on the title page of the article). As a user, you have certain rights specified below; all other rights are reserved.

1.    The following rules apply to all Users -You may download, view, copy and save to hard disk or diskette and store or print out single copies of individual items for your own personal and non-commercial use. You may transmit to a third party, in hard copy or electronically, a single item from the Website for that party's own personal and non-commercial use.

2.     Except as provided in Paragraph (A) above, you may not copy, distribute, transmit or otherwise reproduce material from the Website or systematically store such material in any form or media in a retrieval system; or print out multiple copies of any item for inclusion in packs; or transmit any material from the Website directly or indirectly, for use in any paid service or for use by any information brokerage or for systematic distribution of material, whether or not to another User and whether for commercial or non-profit use or for a fee or free of charge. For any uses other than those permitted by Paragraph (A), permission should be sought from enquiries@vinalytics.com or by written request to the correspondence address above.

In order to protect the integrity and attribution of the Website content, you agree not to remove or modify any copyright or proprietary notices, author attribution or disclaimer contained in the material or on any screen display, and not to integrate material from the Website with other material or otherwise create derivative works in any medium based on or including materials from the Website. This is not meant to prohibit the use of quotations from this Website for the purposes of comment, criticism or review in accordance with fair dealing law. Deep linking is prohibited to all areas that require paid subscription.

Finally, you may not do anything to restrict or inhibit any other User's access to or use of the Website.

3.     All trade marks, logos, get-up, product and company names are owned by the Publisher or by third parties. No permission is given in respect of the use of any trade marks, logos, get-up, product or company names appearing on the Website where such use may infringe the holder's rights.

4.    Access to the service using special computer programs, such as Web Robots, Web Wanderers, Crawlers, or Spiders designed to systematically download the information in the database is strictly prohibited. 

5.    If you refuse or fail to abide by these rules or violate any other terms or conditions of access, your access may be suspended or terminated immediately without notice, in addition to any other available remedies.

The Vinalytics Website

Vinalytics acts as a venue which allows users to access and assess information provided by the site. In addition Vinalytics acts as an introducer between individuals and companies interested in trading fine wine. Vinalytics takes no commission on any sale that may take place. We are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy. Do not assume that the sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. Vinalytics recommends that you understand which parties will be liable for incidental costs, such as transportation, ongoing cellarage charges, or taxes and duties. Buyers do so at their own risk and it is their responsibility to undertake whatever due diligence and/or professional advice they deem to be necessary.

Whilst Vinalytics makes every effort to only deal with reputable companies in good standing we cannot be held accountable for the actions of third parties.

In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Vinalytics from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site.

If you are a seller, you must ensure that you are legally able to sell each item described, and that it is lawful to sell such item to residents of your home country, or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction.

You acknowledge that we will commence supplying our services to you as soon as you have supplied the wine list either by directly uploading, email, or other method, you recognise that you have agreed to sell the item and have a legal right to do so.

Sellers or traders will be responsible for paying all fees associated with using our service and our website and all applicable taxes in one of the currencies accepted through our payment gateway.

If you register for a User ID, you are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.  If Vinalytics creates a User ID on your behalf, you are responsible for all actions taken under that User ID and for all information contained within that User ID.

"Your Information" is defined as any information you provide to us or other users in relation to the Vinalytics service (including, without limitation, any description of items listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Your Information and your activities on the www.vinalytics.com web site must not:

   1. be false, inaccurate or misleading;
   2. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
   3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
   4. be fraudulent or involve the sale of counterfeit or stolen items;
   5. be in breach of any applicable laws or regulations
   6. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
   7. link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) are considered as indirect or direct competition to Vinalytics business or (c) you do not have a right to link to or include;
   8. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
   9. cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.

Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your use of Vinalytics and refuse to provide our services to you without notice to you if you breach this Agreement or the documents incorporated by reference or if we are unable to verify or authenticate any information you provide to us or if we believe that your actions may cause legal liability for you, our users or us.

Please note that Your Information will be stored and processed on our computers in the UK. Vinalytics will hold and transmit your Information in a safe, confidential and secure environment. Vinalytics will never sell or rent your personal information to third parties except those described in this agreement.

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

We will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement. We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

If you have any questions, please contact enquiries@vinalytics.com

Privacy Policy

We endeavor to protect your personal privacy. By providing your personal details to us, you signify your acceptance of our Privacy Policy. If you do not agree to this statement, please do not provide your personal details to us. This privacy policy is incorporated into, and part of, the Use Agreement, which govern your use of the site in general. We will use your information for the purposes set out below.

If you are a minor (Under the age of 18), you may not use this service.

Collecting Personal Information - Third parties may use tracking technologies by or through the site. We have no responsibility or liability for any tracking, data collection or other activities of such third parties.

We gather the following information from visitors to our site

  • the IP address from which you access the site
  • the type of browser and operating system used to access the site
  • the date and time of your access to the site
  • the pages you visit
  • the internet address of the website from which you accessed the site

We use information to learn about the number of visitors to our site and the type of technology that our visitors use, what sort of content is popular and to assess visitors browsing habits. When a user revisits the site, we may recognize the user. We can use this information to continually improve the content and usability of the site.

We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information.

We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of our site.

Due to the open communication nature of the Internet, we cannot guarantee that communications between you and us, or information stored on our servers, will be free from unauthorized access by third parties.

This site may contain links or references to other Web sites outside of our control. Please be aware that we have no control over these sites and our privacy policy does not apply to these sites. We encourage you to read the privacy policy and terms and conditions of linked or referenced sites you enter.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect and store such information.

You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs.

You agree that we may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as communications relevant to your use of the Site. By accepting Privacy Policy, you expressly agree to receive this information.

You agree that we may use any photo, or content submitted for publication on the Vinalytics website for our marketing and promotional purposes (subject to 3rd party copyright).

Due to the nature of the internet, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our Site. Therefore, you should not expect, that your personally identifiable information or private communications will always remain private.

Vinalytics cooperates with law enforcement inquiries, as well as other third parties to enforce laws. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation or other activity that is illegal or may expose us or you to legal liability. Further, we can (and you authorize us to) disclose your User ID, name, address, country, phone number, email, and company name to vinalytics as we in our sole discretion believe necessary or appropriate in connection with any legal investigation.

Vinalytics and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add Vinalytics user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.

You can review and change the information you submitted to Vinalytics. We can amend your details at your request, remove your advertisement or correct a posting, or content at any time. Please email enquiries@vinalytics.com if you require any changes to advertisments, or content that you have submitted. If you change your User ID we keep track of your old one and new one.

Certain fields, including your name and email address are required to be submitted to enable you to the services on Vinalytics, however we will not disclose those details and introductions made to merchants will be done through the use of user ID. It is solely down to the user when, or in what through what way the user supplies contact details to a third party, or users of www.vinalytics.com

Upon your written request, we will remove your contact information, from our active databases. To make this request, email enquiries@vinalytics.com . Such information will be removed as soon as reasonably possible.

We will retain in our files information you have requested to remove in some circumstances, such as to resolve disputes and troubleshoot problems. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored "back up" systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are buyers or sellers on our Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them.

Vinalytics uses standard practices to safeguard the confidentiality of your personal identifiable information. However, "perfect security" does not exist on the Internet.

By accepting this Privacy Policy and the User Agreement, you expressly consent to our use and disclosure of your personal information in the manner

Law and Jurisdiction

 

These terms and conditions are governed by, and construed in accordance with, the law of England and Wales. Any dispute arising under or out of these terms and conditions shall be subject to the jurisdiction of the courts of England and Wales, although we reserve the right to take proceedings in any other court of competent jurisdiction, whether concurrently or not.

Acceptance of these terms and conditions shall be deemed to have been taken place in the United Kingdom, notwithstanding the location of any server which hosts the content of this website, or where you or any server carrying your content are located.

If for any reason any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, that part will be enforced to the maximum extent possible so as to give effect to its intention, and the remaining terms and conditions will continue in full force and with full effect.