Terms & Conditions
Use of this website (https://www.wineowners.com) and the services provided via Wine Owners Limited (WOL) are conditional upon you accepting our terms and conditions:
- These general Terms and Conditions
- Platform Terms & Conditions for trading Platform Terms and Conditions for using the fine wine trading exchange
- Our Privacy Policy
Which together make up the "User Agreement" and form our entire agreement with you in respect of use of the Platform services.
Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with wineowners.com (the Platform services).
The Platform services are provided by Wine Owners Limited, Fourth Floor, First floor, 2 Bleeding Heart Yard, EC1N 8SJ.
All documents were last updated or reviewed September 2019.
Availability
Best endeavours are used to ensure that the Platform services are available 24 hours per day without interruption. However, we reserve the right to make the Platform services unavailable at any time or to restrict access to parts or all of the Platform Services without notice, due, for example and inter alia, to future changes to a free plan or to premium plans or upgrades. In the case of an unplanned outage, we will fix any problem you may encounter with our services as soon and as efficiently as possible.Accuracy of Information
While best endeavours are also used to ensure that information on the Platform services is accurate, not misleading and up-to-date, we cannot warrant that this may not be the case.
Contributions
You agree to only use the Platform services for lawful purposes and that any information that you provide in connection with, or which forms part of, the Platform services will be, as far as you are aware, true and accurate and will not infringe any copyright or trademark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory.
We may provide third party content for your benefit. However, WOL gives no assurances about its reliability or its accuracy. To the same extent, we cannot make any assurances about the information or contribution made by any other user (for example, user tasting notes).
Account plans
You may use certain Platform services under a free account plan, or gain more rights under a premium plan (“member”).
Premium membership plans provide access to premium content; allow for more or unlimited wine entries and cellar locations; give additional reporting and analysis; and provide better selling terms. See Create an account for your options.
A Premium plan must be paid for at point of your registration or online upgrade, or when you request to upgrade. If your online card payment process fails for any reason, you will be contacted by Us with a payment link within 48 working hours so that you can re-attempt online payment.
A premium plan is a binding contract that shall begin on the Date of Application (or your request to upgrade) and shall continue for the full Term of 12 months. Wine Owners shall grant to the member a non-exclusive, non-transferable right to access the Premium plan for the Member’s sole use and benefit, for the duration of the Term or any part period thereof, in consideration for the full 12 months’ fee.
At the end of each annual term, the subscription shall automatically be renewed by Us. If you maintain a positive balance in your Wine Owners accounts We will charge premium plan fees to your account and deduct the amount due from your balance. If you do not want to renew please advise Us of your intention to cancel in writing before the renewal date. Expired premium plans will be reset to a free plan, that will give you access to your wines and information you have entered (or entered by Us on your behalf) but will limit your future Platform use to the level of access provided by the free plan. You may thereafter choose to upgrade to a premium plan online at any time.
Terms of access for those plans that allow, or previously allowed, free access can be changed at any time. Where content or functionality is only permitted on a premium plan, wherever possible this will be made obvious to the User when navigating the Platform at the point that the User attempts to access premium content, premium access rights or premium functionality.
Trading
In signing up with WOL to use the Platform services for trading, whether as a private member or as a Trade member participating in the fine wine trade, you are required and as part of that process, to accept the Platform Terms & Conditions - which includes any other document referred to in them – (User Agreement that explains the relationship between you and WOL).
The User Agreement sets out our commitment to you and your commitment to WOL in respect of the Platform services and your use of the WOL website. You should print a copy of these terms and conditions for future reference or save a copy on your computer.
Links
Without limiting what we say elsewhere, we make no representations or warranties about external sites to which WOL may provide a link nor their content, nor that the links work.
Storage
You can trade wine if it is in approved professional storage. If you wish to move wine into storage, or have us operate a storage account for you, we offer competitive terms within a number of storage locations internationally. Download an application form or for more information review our storage fees available online that are subject to periodic review.
Data Protection
It is your responsibility to ensure that you provide at registration and/ or update your account via Preferences with accurate and valid email address and other contact details. We comply with all applicable Data Protection laws in the UK, and are registered for the purposes described with the Information Commissioner's Office (PZ3568250). For a description of how we use your personal data, please see our privacy policy.
Intellectual Property
The Platform services, its style and structure, and the materials and information on the Platform services are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement.
Liability
See also Platform Terms and Conditions. It is a condition that your use of the Platform services are at your own risk. We shall not be liable to you or be in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
Except as expressly provided in this User Agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the Platform services for:
- consequential, indirect or special loss or damage
- any loss of goodwill or reputation
- any economic losses (including loss of revenues, profits, contracts, business or anticipated savings)
in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
Elibility
https://www.wineowners.com and services are intended solely for persons who are 18 are older. Your participation on the platform and use of our Services is conditional on you having attained legal age in the jurisdiction of the country from which you access https://www.wineowners.com and our Services, which can be no lower than that permissible under UK licensing regulations. Accessing this site in contravention of these rules is strictly prohibited.
No Endorsement
No inclusion of any wines on this platform, related copy, or trade mark use constitutes any endorsement by WOL of the products, reviews or brands which are referenced.
Small Print
Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent.
If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.
Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement.
English law governs this User Agreement and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts.
Nothing in this User Agreement affects your statutory rights as a consumer.
Changes to Terms and Conditions
WOL reserves the right to change the Terms and Conditions and referenced documents at any time. Any changes we may make in the future will be posted on this page and, where material, notified to you by e-mail. By continuing to access or use https://www.wineowners.com or our Services after we have posted a modification of the Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using https://www.wineowners.com and our Services.
Wine Owners Ltd Terms & Conditions updated September 2019
