Terms Of use

Terms and Conditions of Use of the Wine-is Portal

1. Terms of relationship with Wine-is

1.2 Unless otherwise agreed in writing with Wine-is, the contract with Wine-is will always include at least the terms of use presented in this document. These are referred to hereinafter as "Universal Terms".

1.3 Besides the universal terms, the contract with Wine-is will also include the terms of all the legal notices applicable to the Services. All of these terms are referred to hereinafter as "Additional Terms". In cases in which Additional Terms are applicable to a Service, these terms will be made available for reading within this service or through the use of the service.

1.4 The universal terms, together with the additional terms, form a legally binding contract between the User and Wine-is that relates to the use of the services. It is important that they should be read carefully. Collectively, this contract is referred to hereinafter as the "Terms".

1.5 In the event that there is any contradiction between what is indicated by the additional terms and what is indicated by the universal terms, the additional terms shall take precedence in relation to the service in question.

2. Scope of Service

2.1 The Wine-is database aims to establish itself as a compilation of information on wines of the world using information made available by the USER, thereby allowing it to be disseminated. The USER must be the holder of the rights relating to the brands that he/she has entered in the Wine-is database, and is solely responsible for them.

2.2 Under these Terms, Wine-is will publish on its database and make available online, at the website www.wine–is.com, information relating to the PRODUCERS and WINES that the USER owns or legally represents. In subscribing to the aforementioned services, the USER authorises Wine-is to publish on its database and make available online via its website, or other electronic media, information relating to the WINES and corresponding PRODUCERS. The USER declares that the information provided and the corresponding ownership are not confidential.

2.3 The Wine–is database is made up of information relating to the WINES and PRODUCERS owned by the USERS, which is supplied by themselves or by their representatives through the website www.wine-is.com in accordance with the format of the existing technical data sheet.

2.4 The USER will guarantee the accuracy and veracity of the information relating to the WINES and PRODUCERS and their ownership. The USER must inform Wine-is of any changes that have occurred in relation to the ownership of the BRANDS or other information; Wine-is will enter the aforementioned changes in its database without charge.

2.5 The USER is solely responsible for information relating to the WINES and PRODUCERS made available on the Internet, for which reason only the USER may be held civilly and criminally responsible for any offensive actions in relation to the legal norms and dispositions relating to information on the WINES and PRODUCERS which it owns. If Wine-is becomes aware of a legal verdict that convicts a USER of acts relating to the improper use of a denomination or BRAND, then Wine-is will be granted the right, on its own initiative, to enter the necessary modifications in the database or to remove it.

2.6 In its capacity as a database producer, the company Wine-is is the holder of all rights concerning the database made up of information on WINES and PRODUCERS and data relating to their owners. The USER recognises Wine-is's right to disseminate, commercialise and use all of the information made available on the database.

2.7 The Services provided by the portal wine-is.com include, among other services, a main service that serves to manage and disseminate information relating to wines, wine lists, wine producers, wine distributors, wine shops, and wine consumers, among others, in the form of Software as a Service (SaaS), whereby:

2.7.1 The User is solely responsible for the conditions of connectivity to wine-is.com, including the Internet connection and bandwidth, equipment, and software versions updated and supported by wine-is.com for the Internet browser and Java.

2.7.2 The User is solely responsible for the ownership, rights, and obligations in respect of the products and services, as well as information, proposals, documents, and agreements publicised on wine-is.com.

2.8. In order to use the platform, all Users must possess an updated version of their Internet browser that is supported by wine-is.com.

2.9. In order to use the platform, all Users must possess an updated version of Java that is supported by wine-is.com.

3. Acceptance of Terms

3.1 In order to use the Services, the Terms must first be accepted. The Services cannot be used unless the Terms have been accepted.

3.2 The Terms can be accepted:
(A) by clicking to accept or agree to the Terms, in the event that this option has been made available by Wine-is on the User interface for any service; or (B) by effectively using the Services. In the latter case, it is understood and agreed that Wine-is will consider the use of the Services to mean acceptance of the Terms from this moment onwards.

3.3 You can neither use the Services nor accept the Terms if (a) you are not of legal age to sign a binding contract with Wine-is or (b) you are a person who is prevented from receiving the Services under the laws of Malta and the European Union or other countries, including the country where you are resident and from which you use the Services.

3.4 Before continuing, you must print out or save a local copy of these Terms for filing purposes.

4. Responsibilities of the User

4.9 Except for reasons of force majeure, the User is considered to be responsible in accordance with the following case(s):

4.9.1 In respect of Wine-is:

4.9.1.1 For complying with the obligations directly or indirectly arising from this contract.

4.9.1.2 For occasionally and fully complying with the agreed pecuniary obligations; otherwise, in the event of non-compliance, the services provided through wine-is.com will immediately be cancelled.

4.9.1.3 For the actions of its representatives or assistants.

4.9.2 For the accuracy and correctness of all information entered onto the Wine-is portal.

5. Limitations of Wine-is's Liability

5.1 Nothing in these Terms shall exclude or limit the liability of Wine-is for losses that cannot be legally excluded or limited by the applicable law.

5.2 Subject to the general disposition referred to in paragraph 5.1 above, Wine-is, its subsidiaries and affiliates and corresponding licensers, may not be liable to the User for:

(A) any indirect or subsequent losses that might be incurred by the User or by companies or organisations that it represents. This includes any loss of earnings (whether incurred directly or indirectly), any loss of good will or commercial reputation or any loss of data that the User might suffer;

(B) any loss or damage that the User might incur resulting from:
(i) the User's trust in the integrity, accuracy, or existence of any advertisement or as a result of any relationship or transaction carried out with any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes that Wine-is might make to the Services or any permanent or temporary cessation of the provision of services (or any functionality pertaining to the Services);
(iii) the elimination, corruption, or erroneous storage of any Content or other communication data maintained or transmitted by or through the use of the Services;
(iii) failure to supply Wine-is with correct information concerning the account;
(iv) failure to maintain the safety and confidentiality of the User's password or account details;
(v) any loss of business, including but not limited to that resulting from the use of wine list services on mobile or other devices, stock information, information contained in wine data sheets, information on rankings and wine-related opinions, exchanges of messages, ratings and rankings, whether or not they stem from the failure to complete the process for whatever reason; improper dissemination of information even when due to errors or problems with Wine-is or wine-is.com; erroneous information entered and present in the Services, regardless of its origin.
(vi) the transmission of information transmitted through wine-is.com does not encumber it with any general obligation to monitor the transmitted content since wine-is.com neither selects nor modifies the information that is the subject of transmission, nor the entity that issues or receives it, and has no effective knowledge of any transmitted information.
(vii) the loss, damage, improper use and/or abuse by third parties of the contents of advertisements (banners, buttons or other), brands, logos, other data and symbols and personal pages published on wine-is.com.
(viii) any legal dispute that occurs between the User and third parties or other Users, whether they be producers, restaurants, distributors, wine shops, consumers or other, given that wine-is.com will not supply any information that hinders and might be of use in the resolution of any legal dispute, regardless of its nature, other than through a legal decision or equivalent taken by an entity qualified for the purpose.
(ix) proceedings carried out by third parties, whether or not they are other Users, or by any claims related to products or services that have been delivered or provided and sold on the platform between wine producers, wine distributors, wine shops, restaurants, consumers or others.
(x) damages arising from the use of wine-is.com, specifically, those related to any interruptions, unsolicited communications, viruses or bugs, errors, technical faults or other limitations.
(xi) security faults affecting communications.

5.3 The limitations of Wine-is's liability in respect of the User mentioned in paragraph 5.2 above shall be applicable regardless of whether or not Wine-is has been notified or even whether it should have knowledge of the possibility that such losses could have occurred..

6. Property Rights

6.1 It is recognised and agreed that Wine-is (or Wine-is's licensers) holds all legal rights, titles and interests relating to the Services, including intellectual property rights pertaining to the Services (whether or not these rights are recorded and regardless of where in the world these rights might exist). Moreover, it is recognised that the Services may contain information designated as confidential by Wine-is and it is agreed that this information must not be revealed without the previous written consent of Wine-is.

6.2 Unless otherwise agreed in writing with Wine-is, nothing in the Terms gives you the right to use any of the registered brands, trademarks, service marks, logos, names of domains and other distinctive characteristics of Wine-is's brand.

6.3 If you have been granted an explicit right to use any of these brand characteristics in a separate written contract with Wine-is, you agree that the use of these characteristics must be in accordance with this contract, with any applicable dispositions set down in the Terms and with the use directives governing the brand characteristics of Wine-is, in so far as they are occasionally updated.

6.4 Wine-is recognises and agrees that it does not obtain any right, title or interest from the User (or its licensors) under these Terms relating to any of the Contents that it might submit, publish, transmit or present in the Services, or through them, including any intellectual property rights pertaining to these Contents (whether or not these rights are recorded and regardless of where in the world these rights might exist). Unless otherwise agreed in writing with Wine-is, you agree that you are responsible for protecting and applying these rights and that Wine-is has no obligation to do so in your name.

6.5 You agree not to remove, hide or alter any property rights notices (including author's rights notices and trademarks) that could be attached to or contained in the Services.

6.6 Unless expressly authorised to do so in writing by Wine-is, you agree that, in using the services, you will not use any trademark, service mark, registered brand, or logo of any company or organisation that might be likely or intended to cause confusion with regard to the owner or the authorised User of these brands, names or logos.

7. Wine-is Licence:

7.1 Wine-is grants you a personal, international, royalty-free license that is not attributable and non-exclusive to use the software supplied by Wine-is as part of the supplied Services (referred to hereinafter as "Software"). The sole aim of this license is to allow the use and enjoyment of the benefits of the Services as supplied by Wine-is in the manner permitted by the Terms.

7.2 You may not (nor allow anyone else to) copy, modify, create a derivative work, carry out reverse engineering, decompile or in any way try to extract the source code of the Software or any constituent part of it unless this is expressly permitted or set down in legislation or the User has been specifically authorised to do so in writing by Wine-is.

7.3 Unless specific permission to do so has been granted in writing by Wine-is, you may not assign (or allocate a sublicense for) your rights to use the Software, issue a guarantee relating to your rights to use the Software or, alternatively, transfer any part of your software use rights.

8. Price and Payments

8.1. For the use of the Services, Wine-is will invoice the User for the price specified in the online shop in addition to taxes applied at the legal rate in force when the invoice is issued.

8.2 In the event that the User breaches the stipulated payment deadlines, Wine-is reserves the right to immediately terminate the unpaid services and to definitively and completely block access to wine-is.com, including access to historical information relating to the user's account stored on wine-is.com.

8.3. Wine-is reserves the right to update, at any time, the price of the products and services made available by wine-is.com.

8.4 The unlimited use of the platform, when contracted, is subject to the conditions established in the Responsible Use Policy defined by wine-is.com, in accordance with the dispositions set down in the section "Responsible Use Policy".

9. Breach of Payment Terms

9.1 In the event that payment for the products and services is delayed, Wine-is reserves the right to partially or totally interrupt the service (cut off the service) provided to the User as Wine-is deems appropriate. The cutting off of the service also means that the User will no longer have access to historical information on wine-is.com

9.2 In the event that the service is cut off, the User is wholly responsible for all of the legal, operational, and image-related implications as well lost earnings and other losses that could be incurred by the User and by all of the entities involved in the contracting processes in which the User is involved, whether as a competing or an awarding entity.

9.3 In the event that the service is cut off for the reasons stated in 9.1, Wine-is will not be held liable, and no compensation may be claimed against it by the user or by any other entity.

9.4 In the event that the service is cut off, Wine-is commits itself to restoring access to the service within a maximum period of 72 hours after it has been confirmed that there is no overdue payment. The onus is on the User to prove the existence of the payment that gave rise to the cutting off of the service.

10. Responsible Use Policy

10.1 In order to guarantee the provision of a high-quality service to all of its Users, Wine-is has drawn up a Responsible Use Policy applicable to the use and prices of its platforms.

10.2 Within the scope of this policy, Wine-is will notify, by some means of communication, the Users that exceed a reasonable level of usage of the service, and will reserve the right, after this warning, to charge for or interrupt the provision of the service (cut off the service) if the high use level persists.

10.3 The maximum responsible use value is defined on the basis of Users' usage profiles in relation to the service in question and is periodically reviewed as these profiles evolve.

11. Duration and Alteration

11.1 The User may, at any time, cancel the renewal of active subscriptions to wine-is.com. The cancellation will take effect on the date of renewal of the subscription.

11.2 The service provision contract is valid for the period stipulated when the services are subscribed between Wine-is and the User, counting from the date on which it is signed. The service provision contract may or may not be automatically and successively renewed for an equal period, unless otherwise stipulated by another contractual condition or an online communication via email is effected by wine-is.com at least five days before the date of renewal.

11.3 Any change to the general or particular conditions shall be communicated by Wine-is five days in advance by online information or e-mail. The User may accept or reject the new general conditions; in the event of rejection, this contract is terminated as a result of the User's decision and access to BixNectar.com will be cancelled and blocked.

11.4 If the need or any legitimate reason arises, Wine-is may change the conditions of access to procedures or requirements related to the computing system, as well as the contents of agreed services, functions, and other contents or documentation. The aforementioned changes, if they occur, will be communicated in advance to the User through information published online or email.

12. Termination of the relationship with Wine-is

12.1The Terms will continue to be applicable until they are terminated by the User or by Wine-is in accordance with what is established below.

12.2 If you intend to cancel your contract with Wine-is, you can do so by notifying Wine-is at any time and (b) closing the accounts relating to all of the Services that you use, in the event that this option has been made available by Wine-is. Notification must be sent in writing to Wine-is's address, as indicated at the beginning of these Terms.

12.3 Wine-is may, at any time, cancel the contract if: (A) any of the dispositions contained in its Terms has been breached (or if you have acted in a way that clearly shows that you do not intend or do not manage to act in accordance with the dispositions contained in the Terms); or

(B) Wine-is is required to do so by law (for example, when the provision of services is or becomes illegal); or

(C) the partner with whom Wine-is has offered its Services has terminated its relationship with Wine-is or has stopped offering its Services to the User; or

(D) Wine-is is changing to a situation in which it no longer provides Services to Users in the country in which you are resident or from which you use the Services; or

(E) the provision of Services by Wine-is is no longer, in the opinion of Wine-is, commercially viable.

12.4 When these Terms are cancelled, all rights, obligations and legal responsibilities from which the User and Wine-is have benefited, and to which they have been subject (or which have been added while the Terms were in force), or which must expressly remain in force indefinitely, must not be affected by this cancellation, and the dispositions of paragraph 6 must continue to be applicable to these rights, obligations and responsibilities indefinitely.

13. Violation, rescission and termination

13.1 The failure to comply with any of the User's obligations described in this agreement shall permit Wine-is to terminate the agreement unilaterally, with immediate effect, starting from the date on which the termination is communicated.

13.2 Wine-is reserves the right, without incurring any type of penalty, to cancel or suspend the provision of the subscribed services (cut off the service) due to the User's failure to comply with the obligations arising from this agreement or for reasons of a technical nature.

13.3 In the event of termination, regardless of its cause, including rescission due to non-compliance, the User is obliged to immediately stop using the agreed services and to promptly and wholly comply with his/her obligations in respect of Wine-is and third parties, sellers, buyers and others.

14. Personal and company data

14.1 Personal data that has been collected is intended to be used in the contractual management established with the User:

14.2 The User commits him/herself to keeping his/her data updated and Wine-is commits itself to wholly fulfilling the obligations that are required of it under the terms of the law in force with regard to the protection of personal data and the rights arising from such protection in respect of its owners.

14.3 The User authorises Wine-is to use as a commercial reference, in individual or aggregate form, data relating to work in progress, volumes of transactions, total amounts, goods or services, brands or products commercialised or negotiated, as well as his/her use of agreed or subscribed services.

15. Particular conditions and annexes

15.1 The data expressed in the form relating to the type or mode of provision of the subscribed service(s), the scope, specific conditions, prices, modes of payment or promotions, value-added services, granting of advertising space (banners, buttons or other), including dimensions, type, wine-is.com location, period of time, number of print outs, page builds, highlighting, or other directly or indirectly related data, constitute the particular conditions and form an integral part of the service provision agreement.

15.2 If other additional stipulations are specified in Annexes, these are valid and effective and take precedence, in the event of contradiction, over the clauses of the agreement that contradict them provided that they are duly dated and accepted by both parties.

16. Jurisdiction

in order to resolve any legal dispute arising from the interpretation or execution of the service provision agreement, the parties choose the jurisdiction of La Valeta, Malta, to the exclusion of all others.