TERMS & CONDITIONS
In these terms and conditions, “the Company” will mean World Link Business Solution Limited trading as Global Wine Access and/or its subsidiaries, affiliates, and the “User” or “Users” if more than one, shall mean any person, firm, company or body corporate which visits this website or places an order with wine sellers hosted in this websitewww.globalwineaccess.com (“the Site”) or places an order with the Company for products or services. The “Member” refers to User who has provided the requisite information to the Company and is accepted by the Company to be a member of the Site.
Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY before using theSite. By using the Site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them; and in the case of a person that the person is over the age of 18.
Unsubscribe
If User does not agree to the terms and conditions herein after having read it, User shall not register as member with the Company. If User registers with the Company as member or uses the Site in any way, User is deemed to have accepted all terms and conditions herein. Once User logs on to the Site, User gives its consent for the Company to contact or send information (promotional or otherwise). If User does not want to receive e-mail or contact from the Company, User must notify the Company of its intention to unsubscribe to such communication in writing or by email to:info@globalwineaccess.com .
General
The Site is essentially a platform for wine producers, sellers and buyers who are members of the Site to exchange information about wines from different regions in different parts of the world and for them to buy and sell freely. Whereas the services provided by the Company in the Site are of the nature of bulletin board system (BBS), all information on shops and productson the Site (including but without limitation to names of merchants, names of companies, liaisons and contact information, product description and specification, pictures and videos) are provided and uploaded by Member, who shall assume legal responsibility for the said information.
Privacy
When User accesses the Site, the Company will collect, use and share User’s personal information for the purposes set out in the Privacy Policy.
User Acknowledgement
Each User acknowledges that it fully assumes the risks of conducting any purchase and sale transactions in connection with using the Site or services provided through the Site, and that it fully assumes the risks of liability and harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions through the use of the Site. Such risks shall include, but are not limited to misrepresentation, fraudulent schemes, unfitness for quality, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract, and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate third party rights. Each User agrees that the Company shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any risks that may arise through transaction(s) between members of the Site. Users or Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site such as payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
The Information
Member may post links, reviews, comments, photos, videos, and other contents; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information (“the Information”), so long as the contents are legally and morally sound without infringement of privacy, intellectual property rights, consist of or contain software viruses, or being political, sexual, racist and discriminatory. The Company prohibits such and reserves its rights without being obliged to remove or edit such contents.
Member confirms the Information given or provided to the Company is accurate and truthful in all respect and warrants that it has all rights to the Information. Member hereby irrevocably authorizes and grants rights/licence to the Company to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute or display the Information.
Member may exchange information and transact on their own, but such exchange of information or transactions between members are at their own risks. Though the Company endeavors to check and verify the Member and the Information, it does not warrant or guarantee the financial and reputational credibility of Member, the correctness and truthfulness of the Information given/provided nor that it is accurate, complete, reliable, current or error-free.
Software
Users may use software (including any updates or upgrades to the software) that the Company make available in the Site (“the Software”), but may not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Software in whole or in part. The Software is the property of the Company or its software suppliers. In using the Software, Users may be liable for services fees or charges of one or more third parties, such as a wireless carrier or a mobile software provider or its use may be subject to the separate policies, terms of use, and fees of these third parties. Further, Users may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Software, whether in whole or in part. The Company may offer automatic or manual updates to the Software at any time and without notice to User.
Intellectual Properties
Unless otherwise stated by Company, all rights (including but without limitation to copyright, trademark, patent, trade secret and any other related rights) in, of, and to all products, technology, software, programs, data and other information (including but without limitation to words, images, pictures, photos, audios, videos, charts, colors, layout and electronic file) within the Site are vested in the Company or its affiliated companies. Without the consent of the Company, no User is permitted to use the said information (including but without limitation to monitor, copy, transmit, display, mirror, upload and download any content on the Site via web robots, web spiders and other software or equipment).
The Company’s logo whether in graphics or a combination of words and graphics as well as other logos, marks, product names and service names within the Site are all trademarks of the Company and its affiliated companies. Without written authorization of the Company, no User may display, use or otherwise dispose of any of the said trademarks in any way.
Suspension/Termination
User agrees to provide all information and materials as may be reasonably required by the Company in connection with transactions conducted on, through or as a result of use of the Site. The Company has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
Indemnities
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify the Company, its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Each User hereby agrees to indemnify and save the Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or services (including but not limited to the display of such User’s information on the Site) or from the User’s breach of any of the terms and conditions herein or from User’s breach of any representations and warranties made by User to the Company or as a result of third-party claims relating to products offered or displayed on the Site. Each User hereby further agrees that the Company is not responsible and shall have no liability to the Users, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
No Representation/Warranty
The Company makes no representation or warranties about the validity, accuracy, correctness, reliability, quality, stability, competency of any information provided on or through the Site. The Company does not represent or warrant the manufacture, importation, distribution, offer, display, purchase, sale and/or violation ofthird-party rights; and the Company makes no representation or warranties of any kind concerning any products or service offered or displayed on the Site.
Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from the Company or through or from the Site shall create any warranty not expressly stated herein.
The Site may make available to User services or products provided by independent third parties.No warranty or representation is made with regard to such services or products. In no event shall the Company and its affiliates be held liable for any such services or products.
Force Majeure
The Company shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
- a) the use or the inability to use the Site;
- b) any defect in goods, samples, data, information or products, services purchased or obtained from a User or any other third party through the Site;
- c) violation of third party rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate third party rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants;
- d) unauthorized access by third parties to data or private information of any User;
- e) statements or conduct of any User of the Site; or;
- f) any matters relating to services however arising, including negligence.
Under no circumstances shall the Company be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Intellectual Property Rights
The Company is the sole owner or lawful licensee of all the rights and interests in the Site and the Site contents. The Site and Site contents embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site contentsshall remain with the Company. All rights not otherwise claimed herein are hereby reserved.
No Relationship
The Company and Users or Members are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the terms herein.
Severability
If any provision of the terms herein is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
Headings
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.Words importing the singular number shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and the neuter gender; and words importing persons shall include companies or corporation.
No Waiver
The Company’s failure to enforce any right or failure to act with respect to any breach by Users or Member under the terms herein will not constitute a waiver of that right nor a waiver of the Company’s right to act with respect to subsequent or similar breaches.
Laws & Jurisdiction
The terms and conditions herein agreed between Users and Member shall be governed by the laws of Hong Kong without regard to its conflict of law provisions and the parties to the terms here agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
Modifications of Services
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services of www.globalwineaccess.com(or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
