Vinium Pty Ltd
3. Intellectual property rights
For the avoidance of any doubt, the words WithWine and all product and service names, design marks and slogans are the trademarks or service marks of Vinium.
4. Your use of the Platform
- as authorised in writing by Vinium.
You must not use any so-called spider or similar automated software or device to use or access the Platform or the Materials in any way.
Vinium prohibits the use of the Platform, for any of the following:
As a Seller of wine:
- You understand that you are liable, for the maximum period permitted by your customers’ financial institutions, for any credit card chargebacks initiated by your customers relating to orders you have fulfilled in the past of any value. You understand that Vinium will invoice you for any debts it incurs as a result of chargebacks initiated by your customers.
- You understand that we do not store your customers’ credit card data. All credit card data is stored by our nominated payment services provider, Stripe, whose Terms and Conditions can be found (and must be agreed to in order to accept card-not-present transactions using the Platform) in the Company tab within your administration dashboard.
- Should you wish to stop using the Platform (sniff!), you may export the customer data for those persons who have authorised you to access it. This includes the names, contact details, shipping addresses and order history of customers and club members; and the names and contact details of current Followers/mailing list subscribers. As we do not store customer credit card data we cannot provide this to you although we will help facilitate its migration from Stripe. All policies relating to your customers’ credit card data are contained within Stripe’s Terms and Conditions. You will not be able to export customer Try and Like preference data or customer tasting notes.
As a Buyer of wine:
- You understand that if you use the platform to buy from a seller, join a seller’s wine club or follow and/or subscribe to a seller’s mailing list that the seller will be able to access your information including name, email address, phone number, shipping address, order history, liked wines and completed tastings. You also understand that the seller will be able to charge the credit card attached to your WithWine.com account for the purpose of club runs or manual/seller initiated orders requested via phone/fax/email. You understand that your credit card information is not shared with the seller and that any chargebacks are to be initiated against the seller and not Vinium.
Vinium encourages the responsible consumption of alcohol and also recommends that alcohol only be enjoyed in moderation.
6. Submissions to Vinium
You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to Vinium the rights and licence stated above. Subject to the foregoing, the owner of such Content placed on our Platform retains any and all rights that may exist in such Content.
7. Career information
8. Usage information
9. Links and connections to other parties and other sites
- in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
14. Waivers of any obligation or right
15. Applicable law
These terms will be governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Copyright © 2017. Vinium Pty Ltd. All Rights Reserved.