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Terms and Conditions

WINE MECCAS TERMS OF USE

Welcome to WineMeccas.com.  These Terms of Use (the “Terms”) together with our Privacy Policy govern your use of this website (the “Site”) and the services provided (the “Services”). By using the Site and/or by using the Services, you agree to be bound by these Terms which constitute a legal agreement between you and Wine Meccas Limited of 20-22 Wenlock Road, London N1 7GU, United Kingdom, which operates the Services, (“Wine Meccas”, “We”, “Us” or “Our”).  Please read these Terms carefully.  If you do not agree with these Terms, you may not use the Site and/or the Services and should discontinue use and exit immediately.

Your continued access and/or use of the Site and/or Services, as described above, signifies your acceptance to updated or modified Terms. 

ELIGIBLE USE

You confirm that you are:

(a)   of legal age to access and use the Site and/or the Services

(b)   of legal capacity to agree to the Terms and,

(c)   if acting on behalf of a company or other entity, you have the legal authority to agree to these Terms. 

REGISTRATION & ACCOUNTS

You do not need to register to browse this Site.  However, to access our Services and use certain features of the Site, you must register and create an account (“Wine Meccas Account”).  To register, you must provide certain information such as name, current email and chosen password.  

You agree to: 

(a)    provide only true, accurate and complete information and to keep the provided information current and up-to-date,

(b)    safeguard and be responsible for your log-in credentials including your chosen password.  You are completely responsible for any use of the Services under your Wine Meccas Account with your log-in credentials,

(c)    Submit all information in English when creating an account and providing any supplemental information when using your account, and

(d)    ensure that your use of the Site and/or the Services complies with all applicable laws which is your sole responsibility and in respect of which we shall not be liable.  

We reserve the right at our sole discretion to deny access to the Services at any time and for any reason, including, but not limited to, for breach of these Terms. 

PRICES & PAYMENT

Registration. Registration on this Site is absolutely free. 

Tours.  We do not charge if you wish to book a winery tour or activity (“Tour”) using this Site.  However, the winery may require an upfront deposit or payment pursuant to its own terms and conditions.  You will be responsible for full payment of your Tour to the winery in accordance with its terms and conditions.

Translation Services.  Prices depend on the number of words and timescale (how urgently you need the translation completed).  For more information please go to our Translation Services page or email us at translations@winemeccas.com 

BOOKING TOURS 

If you are making a booking using this Site, please ensure all details are correct before making a booking request.  Once your booking request is accepted and confirmed, you will receive a confirmation email of your booking request.  Confirmed bookings may also be viewed using your Wine Meccas Account. 

All bookings are subject to the terms and conditions of the winery and we strongly recommend you review them.  Any changes to your booking must be made with the winery directly, not with Wine Meccas. 

After booking your Tour, you must make all necessary arrangements to arrive at your Tour on time. 

CANCELLATION & REFUNDS

You may cancel our Services at any time by notifying us in writing.  However, we facilitate tour bookings only and to cancel a Tour you must follow the procedure described below.

Tours. To cancel a Tour, you must contact the winery directly.  You may cancel your booking up to 24 hours before arrival, unless otherwise specified by the winery.  You must also notify us of cancellation by using the “Cancel” button in your Wine Meccas Account.  A cancellation fee may be charged by the winery pursuant to its terms and conditions which shall also govern its refund policy.  We shall not be liable for deposits or other booking fees paid in event of cancellation or for any refunds to you.

Translation Services.  If you have requested Translation Services, any deposit paid by you shall be non-refundable. 

REVIEWS & SUBMISSIONS

By submitting content to Wine Meccas, whether by e-mail, posting to the Site or otherwise, including any information, text, winery reviews, questions, comments, suggestions, ideas or the like (collectively, “Content”), you:

(a)  grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content and (ii) use the name that you submit in connection with such Content.

(b)  agree that such Content is non-confidential and non-proprietary.

(c)  agree not to engage in any Prohibited Use as defined herein.

(d)  waive and agree not to claim or assert any entitlement to any and all moral rights in any of the Content and release us from any liability in respect of same.

(e)  agree not to submit any false, deceptive or misleading Content

By using this Site or Services, you acknowledge and agree that we do not edit or control reviews or comments posted to the Site and are not obligated to screen such Content not are we responsible or liable in this regard.  Notwithstanding, we reserve the right for any reason in our sole discretion to screen and remove such Content from the Site without notice at any time and without obligation to restore or create back-ups or copies of same. 

PROHIBITED USE

You must not use the Site or the Services to do any of the following which is strictly prohibited:

  • Restrict or inhibit any other user from using and enjoying the Site or Services;
  • Infringe the copyright, trademark, privacy or personal or propriety rights of third-parties;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent, false, misleading, libelous, defamatory, patently offensive or unlawful Content including text, images, graphics, material or information.
  • Harass, abuse, threaten or otherwise infringe or violate the rights of others;
  • Harvest, data-mine or otherwise collect information about others, including e-mail addresses, without their consent.
  • use technology or other means to access our computer network, unauthorized content or non-public spaces;
  • (attempt to) introduce viruses or any other harmful code, files or programs that interrupt or otherwise or limit Site’s or Services’ functionality;
  • (attempt to) damage, disable or otherwise impair our servers or networks;
  • Impersonate or misrepresent your affiliation with any person or entity, including Wine Mecca;
  • engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Site, its content or Services for illegal or unauthorized purposes.

You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to the Site and Services.   

INTELLECTUAL PROPERTY 

WINE MECCAS, the Wine Meccas logo, brand and all other trademarks, service marks, graphics and logos used in connection with the Site or the Services are our trademarks, registered or unregistered, or the trademarks of others, all protected by intellectual property law. No marks may not be copied, imitated or used, in whole or in part, without our express prior written permission or the permission of the respective holders.   

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software or Services obtained from this Site.  Other than expressly provided herein, nothing in these Terms shall be construed as inferring by implication or otherwise any licence or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of Wine Meccas its licensors or any third party. All rights are reserved. 

DISCLAIMER & LIMITATION OF LIABILITY 

We make no guarantee that the Site or Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available.  We make no guarantee of particular results or outcomes by use of the Site or Services. 

We facilitate bookings only and are not a party of any contract between a winery and a customer.  We are not liable or responsible for:

(a)  fulfillment of any booking, performance of the parties or completion of the contract by the parties;

(b)  accuracy or completeness of the descriptions of wineries or services offered by wineries;

(c)  any accident, illness or any other problem encountered by you at any winery;

(d)  comments, reviews or ratings and reviews displayed on the website (the ratings are partly based on the opinions and reviews of people who have booked and experienced the relevant accommodation or other travel services);

(e)  cancellation of any booking by the applicable winery for any reason whatsoever; 

We are not responsible for any errors in or failure to provide Services due to your error or failure to provide accurate and complete information. 

We assume no responsibility or liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  We are not liable for any statements, representations or Content provided by to us by users of the Site or Services and we do not endorse, support, sanction, encourage, verify or agree with same.  Any Content displayed on the Site or contained in the Services provided by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Wine Meccas.

We do our best to keep disruptions to a minimum, however we may temporarily suspend the Site and Services from time to time.  This may be due to maintenance, other administrative purposes or circumstances which are beyond our control including but not limited to Acts of God, natural disasters, power failure, failure of any telecommunications or other data transmission system.  We shall not be liable in these circumstances.    

To the maximum extent permitted by law, our liability shall be limited to the amount of fees paid by you for a particular service requested.  We shall have not liability in respect of free Services. 

USE OF THIS SITE AND SERVICES IS ON AN “AS-IS” AND “AS AVAIABLE” BASIS.  IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUES, GOODWILL, ANTICIPATED SAVING OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SITE ANR/OR SERVICES, IF YOU ARE DISSATISFIED WITH THE SITE ANR/OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE ANR/OR SERVICES. 

INDEMNITY 

You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Site and/or Service, any Content you provide or otherwise from your violation of these Terms.

MODIFICATION & TERMINATION 

We may modify these Terms including fees and charges for Services or terminate use of the Site and/or Services at any time by giving notice of termination to you.  We may also change, suspend, terminate or discontinue any aspect of the Site and/or Services including availability of certain features at any time for any reason including but not limited to non-payment of any applicable fees.

SEVERABILITY

If any provisions of these Terms are deemed or become invalid, the validity of the other provisions shall not be affected. 

GOVERNING LAW & LANGUAGE 

You agree that these Terms for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the nonexclusive jurisdiction of the English courts as regards any claim or matter arising under this Agreement.  For the exclusive benefit of Wine Meccas, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence, incorporation or operations. 

These Terms are written in the English language and all notices and communications shall be in the English language. In the event that these Terms are translated into another language, the English language text shall prevail.

 

Date: 06.12.2013

Updated: 20.09.2017

 

WINE MECCAS SUPPLEMENTAL TERMS OF USE FOR WINERIES 

These Supplemental Terms of Use (“Supplemental Terms”) are in addition to and supplement the Terms of Use (“Terms”).  Together, they form a legally binding agreement between wineries who wish to supply services to users of this website (“Providers”) and Wine Meccas Limited of 20-22 Wenlock Road, London N1 7GU, United Kingdom (“Wine Meccas”, “We”, “Us” or “Our”). 

These Supplemental Terms of Use apply to Providers only.  If you do not agree to these Supplemental Terms you may not supply services using this this Site.

All definitions, terms and conditions in the Terms of Use are incorporated herein by reference and in the event of conflict these Supplemental Terms shall govern.

1. PROVIDER ACCOUNTS.

All Providers must register and create an account on the Site.  Accounts are provided to Providers with different features and functionalities.  Accounts shall be activated with 2 business days provided all necessary information has been provided. You may change your account type on providing us with 30 days written notice.  You may not register more than once and create multiple accounts.  We reserve the right to terminate any account in our sole discretion for any reason especially and including a violation of these Supplemental Terms.  

2. FEES.

Fees vary depending on the type of account selected by Provider.  Fees are payable as described on our Winery Registration page.  All Fees are quoted in £gbp British Pounds Sterling.  By registering and creating a Wine Meccas Account, you agree to ensure prompt payment of all applicable fees.  Fees must be paid within 21 days of invoice date.  All fees paid by you shall be non-refundable.  Should you wish to cancel our Services, all fees incurred by you as at date of cancellation shall remain payable.  Our Fees do not include Translation Services offered by Wine Meccas.

(a) Commission fees.  Where commission fees are payable, you will be invoiced on a monthly basis.  Commission fees shall be 10% of all Tours booked via the Site. You will not be liable to pay for any bookings, where:

(i) cancelled by the customer, provided you notify Wine Meccas within 7 days of receiving a cancellation request from the customer.

(ii) the customer is a no-show, provided you notify Wine Meccas within 7 days of the Tour date and either the customer did not pay for the Tour in advance or your terms and conditions or your terms and conditions provide that no advance payment is to be made.

(b) Subscription Fees.  If you register for a subscription plan, you agree to pay the specified fee and no Commission fees shall be payable by you.  You will not be charged during the first 30 days following subscription (“Subscription Trial Period”).  At the end of the Subscription Trial Period, you will be invoiced for the first year of subscription unless you notify us during the Subscription Trial Period that you wish to cancel our Services or change your account type to commission based fees.  

3. BILLING & PAYMENT.

(a) Untimely or non-payment may result in an inability to access certain features and a suspension or termination of your Wine Meccas Account.

(b) Any payments to Wine Meccas under these Supplemental Terms shall be made free and clear of all taxes, deductions or withholdings.   If such taxes, deductions or withholdings are required by law, you shall pay to Wine Meccas such additional amount as may be necessary in order that the net amount received by Wine Meccas after such taxes, deductions and withholdings shall not be less than the amount Wine Meccas would have been entitled to receive in the absence of any such taxes, deduction or withholding.

(c) Non-Payment by you may result in suspension or termination of your Wine Meccas account without prejudice to other rights and remedies available to us.

4. LISTINGS.

(a) Providers may list products or Tour on the Site which they wish to offer to customers (“Products”).  By listing a product using your Wine Meccas Account, the Provider is requesting us to display and promote such product on the Site.

(b) It is essential that all Products are listed accurately.  When listing a product, the Provider must take care to provide accurate and truthful details of the facilities, amenities, Tours and wine it is offering to customers.  Such details shall include but shall not be limited to price, duration of Tour, location of facilities, forms of payment accepted, opening and closing hours and other information which may be submitted via the Site. Non-compliance with this clause shall be a serious breach of these Supplemental Terms.

(c) We reserve the right to refuse to display any listed product for any reason at any time in our sole discretion.  No Products must be listed which contain any obscene, violent, indecent, pornographic, sexual, suggestive, lewd, lascivious, hateful, or racially, ethnically or otherwise objectionable material.

5. PRODUCT PRICES.

(a)  Products may not be listed on the Site at any price which exceeds prices displayed elsewhere including on the Provider’s own website. 

(b)  No Products may be listed with a zero value. If you offer any Product free of charge, you must select a subscription based account.

(c)  We reserve the right to refuse to display any listed Product for any reason at any time in our sole discretion especially is we deem such product is listed at a price in excess of the Provider’s own website.

(d)  All prices shall be provided by you inclusive of taxes indicating relevant currency code (USD, EUR, GBP, etc.)

6. CHANGES, CANCELLATIONS & REFUNDS.

We facilitate bookings only.  Any changes requested by a customer after a booking is confirmed shall be made with you directly by customer and not with us.  Any cancellations and refunds shall be subject to your terms and conditions and we highly recommend that you state your cancellation and refund policy clearly on your website or by other means accessible to the customer.  We shall not be responsible or liable for any changes to confirmed bookings, cancellations or refunds.

7. PROVIDER INFORMATION.

All contact information is requested from you upon registration and you may update your details via your Wine Meccas Account.  You may not attempt to circumvent the Site or the Wine Meccas mechanisms by publishing your direct contact information on the Site or via the Services to encourage users to contact you directly and make bookings with you outside of the Site or Services.  Direct contact information includes your website, phone number, email address, and skype ID.  In particular, you may not include direct contact details in any Product description.

8. PROVIDER RESPONSIBILITIES. 

You agree:

(a)  To act in good faith at all times,

(b)  To keep your Wine Meccas Account up-to-date at all times, including the availability calendar, Product options, and pricing for Products.  This responsibility includes ensuring that correct Product pricing and availability is displayed for special event periods,

(c)  To honour all bookings made through the Site,

(d)  To find an equivalent product for the customer, in the event you cannot honour a booking, without recourse to Wine Meccas, 

(e)  To respond in a timely manner in relation to any queries. 

(f)   That you shall be responsible and liable for any errors due to incorrect Content submitted by you, especially in respect of pricing and description of Products,

(g)  That Wine Meccas has no responsibility to customer for the making of bookings and that bookings are agreements between you and the customer,

(h)  Acknowledge and warrant that (i) any Content which relates to Products offered by you (including information, reviews and photographs) are owned by you and are true and accurate and not misleading. 

(i)    To indemnify Wine Meccas in respect of loss and damage arising from any customer claims or breach of these Supplemental Terms. 

(j)    To comply with all applicable laws including but not limited to, laws relating to privacy and data protection of customer data.  

9. REVIEWS & RATINGS.

All Providers agree to be rated according to Wine Meccas’ rating criteria and to be reviewed by users of the Site.  Under no circumstances shall any operator:

(a) communicate with a user directly about any negative feedback provided by that user. 

(b) leave feedback for another Provider, or

(c) act in any way other than in good faith including providing false feedback or using tactics to discredit any other Provider.

10. TERMINATION.

Our Services may be terminated:

(a) by you at any time on giving 30 days written notice.

(b) by us at any time for any reason without notice, including for a violation of our Supplemental Terms or our Terms.

Upon termination, you shall cease using and shall refrain from further use of the Services.  Notwithstanding, all Providers must honour all bookings made through to date of termination and must fulfil all related contractual obligations.

11. OUR RELATIONSHIP.

We facilitate bookings on the Site only.  Nothing in these Supplemental Terms shall constitute a joint venture, partnership or employment relationship of any kind.  Any disputes by customers must be dealt with directly between you and the customer and we shall not participate in any such disputes. 

 

Date: 06.12.2013

Updated: 20.09.2017

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