WELCOME TO HOW2ENJOYWINE.COM
- Terms of Service – our Terms of Service are set out below and govern our provision, and your use, of our paid services. These services (collectively called the “Services”) include access to the Purple Pages and other paid content on the Site (set out below);
TERMS OF WEBSITE USE
ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and we may withdraw or amend the services we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
We may restrict access to some parts of the Site to users who have registered with us. In particular, access to paid content is available only to members and is subject to further Terms of Service set out below.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
OUR SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or shut it down indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
LINKING TO OUR SITE
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Site other than that set out above, please address your request to email@example.com.
LINKS FROM OUR SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Our website integrates Facebook and Twitter, which means that if you subscribe to the services provided by either Facebook, Inc. or Twitter, Inc. you can use those services as integrated into our website. Your use of those services (and any related use of your personal information) will be governed by the applicable terms and conditions of Facebook, Inc. and Twitter, Inc.
- Access to the Site is provided “as is” and your use of the Site is at your own risk. To the fullest extent permitted by law:
- we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, under the common law, or otherwise;
- we expressly exclude any liability for any indirect or consequential loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, however caused;
- unless you have entered into any contract with us for the supply of Services we expressly exclude any liability for any direct loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, however caused; and
- if you have entered into a contract with us for the supply of Services in accordance with our Terms of Service below, our liability to you in relation to those Services shall in no circumstances exceed a sum equal to the sums paid by you to us for the provision of those Services during the six months preceding the date on which the event given rise to our liability occurred.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
VIRUSES, HACKING, PROHIBITED USES AND OTHER OFFENCES
You may use the Site only for lawful purposes. You may not use the Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You must not misuse the Site by knowingly introducing viruses, Trojans or any other malicious items. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
To the fullest extent permissible by law, we will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
BREACH, SUSPENSION AND TERMINATION
- immediate, temporary or permanent withdrawal of your right to use the Site and/or Services;
- issue of a warning to you;
- the issue of legal proceedings against you; or
- disclosure of your information to law enforcement authorities as appropriate.
JURISDICTION AND APPLICABLE LAW
TERMS OF SERVICE
The Services provided by us include the provision of a personal or trade account to you and enabling you to access a range of paid members-only content hosted on the Purple Pages area of the Site, including our members-only forum. The Services are described in more detail in the relevant sections of the Site.
REGISTRATION AND FORMATION OF CONTRACT
By applying for membership of the Site, or applying to renew any existing membership, you warrant that you are over the age of 18 and legally capable of entering into binding contracts and that all information you provide to us is complete and accurate. Your application is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
All applications are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or other written notice. The contract between you and us (“Contract”) will only be formed on acceptance. We will begin performance of the Services as soon as reasonably practicable after acceptance of your application, provided that you have made payment to us of the relevant fees.
The Contract will have a fixed term of one month (in the case of monthly subscriptions) or one year (in the case of annual subscriptions) and will renew automatically at the end of each fixed term for a further fixed term. If you do not wish to renew your Contract with us, please notify us in writing at least seven days before the end of the current fixed term.
If you choose, or you are provided with, a user ID or password as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”), consumers have certain rights to cancel contracts concluded at a distance. The Contract between you and us is such a contract and you have the right to cancel it within 14 days after the date the Contract is entered into (so if you enter into the Contract on 1 October, you may cancel any time before the end of 15 October) (the “Cancellation Period”). Because our Services are subscription-based, you acknowledge and accept that they will be made available to you immediately on formation of the Contract and during the Cancellation Period. We are so confident that you will like our subscription services that if you cancel the Contract during the Cancellation Period, we will provide you with a full refund.
If you are a consumer, you may cancel the Contract by notifying us at the address above or at email@example.com before the end of the Cancellation Period. You do not have to give us any reason for your cancellation, but should inform us that you are exercising your right to cancel by a clear statement. The Regulations require us to provide the following model cancellation form to you, which you may print or copy and complete, but you do not have to use the model form.
|MODEL CANCELLATION FORM|
I hereby give notice that I cancel my contract for the supply of the following service: subscription-based access to the member sections of your website www.how2enjoywine.com, ordered on [insert date].[Name of consumer][Address of consumer][Signature of consumer (if form notified on paper][Date]
Under the Regulations, you are obliged to pay for Services provided to you during the Cancellation Period if you cancel the Contract. However, we will not enforce this obligation – if you cancel the Contract within the Cancellation Period we will reimburse all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the date on which you inform us of your cancellation of the Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction and will not charge you any additional fees for making the reimbursement.
PRICE AND PAYMENT
Our membership fees are set out on the Site. You must pay the applicable membership fees in order to receive the Services. Payment may be made by following the instructions on the Site. You can check the status of your current membership and payment status at any time by referring to your account settings.
Payment for all Services must be made advance in cleared funds.
CONTRIBUTIONS AND ACCEPTABLE USE
Articles, images and other content
Members or visitors to this site may not reproduce any content from articles, images, videos, pdfs or other files without requesting permission first, via firstname.lastname@example.org.
Members or visitors to this site may not under any circumstances use automated processes to crawl our website to extract data from our tasting note database or for any other purpose.
We reserve the right to immediately terminate the membership of any member found to be breaching the above stated conditions.
You must comply with following content standards in relation to any and all material or commentary which you contribute to the Site (“Contributions”). Contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the United Kingdom and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is offensive, discriminatory;
- infringe any copyright, database right or trade mark of any other person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person; nor
- give the impression that they emanate from us or are approved by us, if this is not the case.
We will determine, in our absolute discretion, whether there has been a breach of content standards and may take such action as we deem appropriate in relation to such breach (see “Breach, Suspension and Termination” above). We may disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to the Site infringes their intellectual property rights or defames them.
We shall have no liability to you for actions taken in response to breaches of our content standards.
TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer, assign or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including (without limitation) natural disasters, failures of telecommunications networks, power failure, failure of our suppliers, data loss and the acts of any government.