These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, Vinimark and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Vinimark’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Vinimark’s express written consent.
Access to certain areas of this website is restricted. Vinimark reserves the right to restrict access to other areas of this website, or indeed this entire website, at Vinimark’s discretion.
If Vinimark provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Vinimark may disable your user ID and password in Vinmark’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Vinimark a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Vinimark the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Vinimark or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Vinimark reserves the right to edit or remove any material submitted to this website, or stored on Vinimark’s servers, or hosted or published upon this website.
Notwithstanding Vinmark’s rights under these terms and conditions in relation to user content, Vinmark does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Vinimark makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Vinimark does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitations of liability
Vinimark will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Vinimark has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Vinmark’s liability in respect of any:
- death or personal injury caused by Vinimark’s negligence;
- fraud or fraudulent misrepresentation on the part of Vinimark or
- matter which it would be illegal or unlawful for Vinimark to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Vinimark has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Vinimark officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Vinimark officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Vinimark.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Vinimark and undertake to keep Vinimark indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Vinimark to a third party in settlement of a claim or dispute on the advice of Vinimark’s legal advisers) incurred or suffered by Vinimark arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Vinimark’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Vinimark may take such action as Vinimark deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Vinimark may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Vinimark may transfer, sub-contract or otherwise deal with Vinimark’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
The following statement describes Vinimark’s practices as regards the collection and use of information relating to identifiable individuals ('personal information') for this website, in particular the type of information collected and the way in which it is used.
Protection of personal data
In general terms, you may visit this website without needing to supply personal information such as your name, address, telephone number or e-mail address. However, when you enter the website, you will be asked to verify that you are of the legal authorised age for consuming or purchasing alcoholic drinks in the country in which you are situated. We use this information to prevent minors and those who live in a country where the consumption of alcoholic drinks is prohibited from accessing the website.
In certain sections of the website, we may ask you to provide certain items of personal information in order for us to provide you with the information that you have requested, respond to your reactions on line and even to enable you to take part in our surveys. We may also request certain demographic data (language, country of residence), in order to adapt the content of the website to your needs. You are not obliged to give us this personal information, but please be aware that without it we may be unable to respond to certain of your requests. If you do not wish personal information to be collected in your account, all you need to do is not respond to requests for information on the website.
We use personal information relating to you to administer this website and operate our business, for marketing and statistical research, to provide you with information you have requested, to inform you of products and services produced by Vinimark and otherwise as reasonably required by applicable law.
We do not sell, lend or otherwise disclose this information to third parties, unless required for the foregoing purposes, or if we are required to do so by law, by the relevant authorities or in order to cooperate with legal proceedings. This may involve the worldwide international transfer of personal information relating to you to our affiliates, service providers and business partners for the foregoing purposes, including to countries transfer to countries without data protection laws equivalent to those in your jurisdiction. We may share data with other companies, with which we work, for the purpose of market research.
No collection of information relating to minors
We would like to remind you that this App is not designed for use by minors and people who are not of a legal age to consume or purchase alcoholic drinks in their country of residence. As a result Vinimark will not knowingly collect information on minors, whether they have been authorised by their legal representatives or not. Should the occasion arise, Vinimark will not provide this information to third parties. Finally, we should like to remind you that you have a right to access, modify, correct and delete data relating to you. To exercise this right, please contact Vinimark by email at firstname.lastname@example.org.
Vinimark will not send any un-solicited e-mail or spam to the extent this is prohibited by applicable laws. You can unsubscribe from the mailing list at any time by sending an e-mail to the following address: email@example.com
with the word 'VINIMARK UNSUBSCRIBE' in the subject line.
These terms and conditions, constitute the entire agreement between you and Vinimark in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with South African governing law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of South Africa
Registrations and authorisations
Vinimark Trading (Pty) Ltd is a company registered in South Africa. Vinimark Trading (Pty) Ltd's registration number is 1987/000032/07.
The full name of Vinimark is Vinimark Trading (Pty) Ltd.
Vinimark Trading (Pty) Ltd is registered in South Africa under registration number 1987/000032/07.
Vinimark Trading's registered address is 5 Herold Street, Stellenbosch, Western Cape, 7600, South Africa.
You can contact Vinimark Trading by email to firstname.lastname@example.org
This document is a modified document from a Contractology template available at http://www.freenetlaw.com