grape-juice

Company registered in England and Wales No:

TERMS AND CONDITIONS

of use of web site, chat-rooms, forums and blogs and of registration with grape-juice.

1. In return for grape-juice, Company registered in England and Wales No: ("the Company") allowing you access to its web site ("Site") you agree to accept the following terms and conditions. Your use of the Site constitutes your agreement to these terms and conditions.

USE OF WEB SITES

2. As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions.

3. You must be 18 years of age or older to register with the Site or make purchases from the Site.

4. If you register to use the Site or any of its services you undertake to register using accurate, complete and current information and to maintain and update any changes to that information.

5. If you register or are allocated a user name and/or password to access the Site or any part of it is not transferable and you should keep it strictly confidential and secure. You indemnify the Company against any unauthorised use of your user name or password, including use by a third party where you have allowed or facilitated access. You are entirely responsible for any orders placed on or purchases made from the Site under your email address in combination with your password. You must immediately notify the Company of any unauthorised use of your email address and/or password or any breach of security known to you.

6. You acknowledge that all intellectual property rights including copyright belong to or have been licensed to the Company.

7. The Site is for your personal and non-commercial use. You may not copy, store in any medium (including any other web site), replicate, transmit, re-transmit, modify, distribute, display, perform, create derivative works from, transfer, sell or show in public any part of the Site or any information, software, products or services obtained from the Site whether printed, visual, audio, radio, electronic, email forwarding, TV, satellite, digital transmission, scanned, web site re-cycled or any other form of material without the prior written permission of the Company or in accordance with the Copyright, Designs and Patents Act 1988.

8. If you upload on to or transmit through the Site any material you will ensure that none of it is capable of:

i. infringing the intellectual property or other rights of any person or entity,

ii. breaching any applicable law, whether criminal, tortious or otherwise,

iii. being or appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading or,

iv. bringing the Site or the Company into disrepute.

9. You may not set up links to the Site except to the home page and you may not frame, link or deep-link the Site to any other web site without the prior express written permission of the Company.

10. Except as is otherwise indicated, the Company is the owner or licensee of the copyright in all the information featured on the Site and of all related intellectual property rights, including but not limited to all database rights, trade marks, registered trade marks, service marks and logos.

11. While the Company has taken every effort to ensure that the information contained within the Site is correct, you accept that the information may be incomplete, inaccurate or out of date.

12. The Company excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness or fitness for a particular purpose of the Site or its content. The Company will not be liable for any claims, penalties, losses, damages, costs or expenses arising from the use of or inability to use the Site or from any unauthorised access to or alteration of it. The Company makes no warranty that the contents of the Site or are compatible with all computer systems and browsers.

13. You accept that after you leave the Site (whether knowingly or not) the Company can no longer be responsible in any way for any material that you encounter and the Company excludes to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.

14. Permission to access the Site is granted at the sole discretion of the Company and such permission may be withdrawn at any time without notice.

USE OF FORUMS, BLOGS, CHAT AND OTHER COMMUNICATION FACILITIES

15. The Site contains Forums, Blogs, Chat-rooms and other message or communication facilities. In addition, the Site contains links to media and video presentation web sites provided by other companies, for the purpose of broadcasting live events, that contain Live Chat facilities. Collectively, these communication facilities are referred to hereinafter as ?Communication Facilities?.

16. You agree to use the Communication Facilities only to send and receive messages and material that are proper and related to the particular Communication Facility. By way of example, and not as a limitation, you agree that when using Communication Facilities or sending messages, you will not:

i. publish, post, distribute, link or disseminate any defamatory, infringing, obscene, pornographic, foul language, swearing, indecent, libellous or unlawful material or information;

ii. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

iii. conduct or forward chain letters or pyramid schemes;

iv. upload files or post information or material, text, files or otherwise, that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) or that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

v. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded or information or material that is posted onto the Site;

vi. falsify the origin or source of software or other material contained in a file that is uploaded or information or material that is posted onto the Site;

vii. except to the extent expressly allowed, advertise, or offer to buy or sell any goods or services, or conduct or forward surveys, contests or chain letters. In no event may you use any such Communication Facilities to advertise or sell any goods or services, which you are in the business of advertising or selling; or

viii. download any file or copy any information or material posted by another user of a Communication Facility that you know, or reasonably should know, cannot be legally distributed in such manner.

17. You acknowledge that all Communication Facilities are public and not private communications and that the Company has the right to monitor all communications on the platform. Further, you acknowledge that the Company does not endorse chats, postings, conferences, and other communications by other users, and such communications shall not be considered reviewed, screened, or approved by the Company. To the extent that there are moderators, forum managers or hosts, none are authorised spokespersons of the Company, and their views do not necessarily reflect those of the Company.

18. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Communication Facility.

19. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, blogs, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or others.

20. The Company does not control the content posted via the Communication Facilities and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site or Communication Facilities or any web site that chooses to link to or display the content.

21. The Company reserves the right for any reason to remove without notice any content including without limitation bulletin board postings, articles, weblogs and private messages. The Company reserves the right to deny in its sole discretion any user access to the Site and/or cancel a user?s registrations without notice.

ORDER OF GOODS FROM WEBSITE

22. You must be registered with the Site and of age 18 years or older to order goods (including wine) from the Site or by telephone using the phone number provided by the Site (the "grape-juice Telephone Orders Line").

23. If you are ordering wine or other alcoholic product as a gift then the recipient must also be of age 18 years or older.

24. All orders made on the Site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given order will be those in effect at the date of your order. If you order goods after the Company has published changes to these Terms and Conditions you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase.

25. Wine ordered from the Site or from the grape-juice Telephone Orders Line will be sold to you by one of the Company's selling partners ("Selling Partners"), who will be responsible for invoicing and organising the delivery of the goods to you.

26. All prices include UK VAT where applicable.

27. Products are subject to availability and prevailing market conditions. The Company or its Selling Partners may restrict the quantities of goods supplied to any one customer if the quantity ordered jeopardises availability for other customers. Substitutes may be offered or supplied in cases where the product you order is not available. The price of the substitute may be different from the price of the product you ordered. You may reject any substitute item; if so, you will be refunded the amount you have been charged for that substitute item.

28. Payment for products ordered from the Site is processed by Protx, an accredited payment service provider. Protx handles your transaction in a highly secure environment. Protx processes payments by credit/debit/charge cards identified and accepted by their website at www.protx.com.

29. You may pay by telephone, however products cannot be dispatched until payment has been received. The grape-juice Telephone Orders Line operators will identify credit/debit/charge cards that will be accepted for payment.

30. Your credit/debit/charge card will be charged on receipt of your order. All credit/debit/charge card payments are subject to validation and authorisation by the card issuer. If your card issuer refuses to authorise payment, the Company and its Sellers will not be liable for any delay or non-delivery.

31. Delivery of goods ordered on the Site will only be made to an address within the mainland United Kingdom during business hours. The Company and its Selling Partners reserve the right to decline, reject, cancel or reverse orders or purchases made on the Site or by telephone order and refund to the customer any monies paid if delivery cannot reasonably or economically be made an address specified in the mainland United Kingdom or according to the delivery instructions specified at the time of purchase.

32. Delivery charges specified on the Site are only for deliveries to an address in the mainland United Kingdom. If you require delivery to locations in Northern Ireland, any islands forming part of the United Kingdom or certain parts of the Scottish Highlands, then any order you place on the Site may need to be confirmed by the grape-juice Telephone Orders Line. Delivery to these locations may not be possible or may incur a surcharge, which will be advised to you by the grape-juice Telephone Orders Line operator.

33. Delivery may not be available on Saturdays, Sundays and public holidays.

34. Should you fail to be present for your delivery, the Company or its Selling Partners may cancel your order and delivery and refund you the purchase price of the products you ordered, less a delivery charge, whether or not a delivery charge was included in the price of your order.

35. Delivery couriers may request identification on delivery if they are in any doubt about the age of the recipient.

36. Products delivered according to the customer?s delivery instructions are the recipient?s responsibility. The Company and its Selling Partners are not responsible for products that are lost, damaged stolen, misappropriated or otherwise after being delivered according to the customer?s delivery instructions.

PRIZE DRAWS AND COMPETITIONS

37. If you are invited on the Site or during one of the Company's Live Events to enter any prize draw or competition, entry is subject to these Terms and Conditions which must be read in conjunction with and additional terms set out with details of the promotion featuring the prize draw or competition ("Promotion") and which will be deemed to be incorporated into these Terms and Conditions.

38. The promoter is the Company.

39. Entry is open to UK residents aged 18 or over.

40. To be entered into the Promotion you must comply in full with the entry requirements set out with the details for Promotion and provide a valid e-mail address, or, in the case of mobile phone SMS or text message Promotion, a valid UK mobile phone number for the Company to notify you if you win.

By entering into the Promotion and providing the Company with your email address or mobile phone number you agree to receive marketing information from the Company from time to time as to its upcoming events and offers. Should you wish not to receive marketing communication from the Company, please either:

i. reply to such emails with the word "Remove" in the subject line,

ii. reply to such mobile phone text messages with the word "Remove" in the body of the text message, or

iii. contact the Company by email at info@virtualwine.co.uk, stating that you do not wish to receive marketing communication from the Company.

40A. The Company may charge you for each vote or entry into a mobile phone SMS or text message Promotion. This charge will be in addition to your operator's normal SMS or text message charges and will be advised to you with the details of the Promotion.

41. Except in the case of Promotions by which entry is by mobile phone SMS or text message, only one entry per person is permitted and anybody found to have submitted more than one entry may be disqualified.

42. The prize or prizes are set out with the details of the Promotions. The first name drawn, in the case of a prize draw, and from all those submitting winning entries in a competition, will receive the first prize, the second name drawn the second prize, if any, and so on until all of the prizes have been allocated.

43. The closing date or time is given with the details of the Promotion. Only entries received by that date or time will be entered into the Promotion. The Company will not be responsible for delays in entries reaching the Company caused by interruption to internet connections, mobile phone service, postal delays or for any other reason whatsoever.

44. Names will be drawn on the date or time given with the Promotion. The winners will be notified by e-mail or mobile phone message following the Promotion.

45. The decision of the Company in all matters under the Company's control will be final and binding. No correspondence regarding the results of the draw will be entered into.

46. The Company reserves the right to terminate or suspend its Promotions at any time. The Company reserves the right to publish the prize winners' names and/or pictures for future publicity and promotions.

GENERAL CONDITIONS

47. The information, products and services included on the Site may include inaccuracies or typographical errors. The Company may make changes to the Site at any time. Advice received via the Site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

48. The Company hereby expressly excludes all liabilities in respect of inaccurate or incomplete information on or in the Site and/or information, products or services howsoever arising including (without limitation) those arising as a result of inaccuracies in the information provided to the Company.

49. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with:

i. the use or performance of the Site;
ii. the delay or inability to use the Site;
iii. the provision of or failure to provide services; or
iv. any information, software, products, services and related graphics

obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if the Company has been advised of the possibility of damages.

50. The Site may contain hyperlinks to web sites operated by parties other than the Company. Such hyperlinks are provided for your reference only. The Company does not control such web site and is not responsible for their contents. The Company?s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

51. The Company shall not be held to be in breach of its obligations in relation to supplying any information, products or services nor liable for any loss or damage which may be suffered by you due to any cause beyond the Company's control.

52. The Company's liability in contract, tort or otherwise arising out of or in connection with the performance or observance of its obligations to supply any information, products or services under these Terms & Conditions shall be limited to the amount of the price paid by you to the Company in respect of the information, products or services in question.

53. Each of above clauses limiting or excluding liability operate separately and shall survive independently of the other paragraphs.

54. You indemnify and hold the Company and any of its officers, employees or agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Site and/or any breach of these Terms & Conditions.

55. The Privacy Policy on the Site forms part of these Terms & Conditions.

56. The Company reserves the right in its sole discretion to deny any user access to the Site, any interactive service herein, or any portion of the Site without notice.

57. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site.

58. The Company reserves the right to add to or change these Terms and Conditions. It is your responsibility to refer to and comply with these Terms and Conditions on accessing the Site. Failure to comply may lead to action being taken against you.

59. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the General Conditions set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

60. This agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Company. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

61. These terms and conditions are governed by and will be interpreted in accordance with English law and are subject to the exclusive jurisdiction of the English courts.