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Terms of use
This document describes the terms and conditions under which the website www.vinotality.com can be used ( the site) . This agreement is concluded between you as a user of the site (user ) and Vinotality
The following terms will be applied:
User – any natural person aged 18 years or over with full exercise capacity, individual, PFA, legal person, Or any other form of organization accessing the site with an interest in the content, dates, information, notices or services published or provided by Vinotality.
Website – www.Vinotality.com
User not registered - individual user, Legal or any other form of organization accessing specific sections of the site with an interest in the content, data, information, notices, products or any other services published or provided by Vinotality
Registered user – any user as defined above who is registered on the site, By creating an account, for the purposes of viewing the content, data, information, or promoting/selling the products offered or the services provided, by means made available on the website, and managing a Comanie Page for that purpose, listing/posting or an announcement.
Company Page- registered users can create a company page to promote information, data, media, activity object, products, events, etc., to be available to any user who accesses Vinotality, With the full responsibility for the content of the page.
Listing/company not claimed – means a person or entity whose identification, contact, domain of activity or any other related information is found on www.Vinotality.com, Collected by the administrator using public information available in the online environment.
Content: Materialized through accounts, personal data of users entities individuals or legal persons, company pages, online stores and related products - published on the site, their posts or activities, as well as any kind of listing, posting, advertising, comment, review, rating, announcement, picture, video, blog, location, group, events created, etc.
The content can be found in a specific section of the site to promote a product, service, offer, job, announcement, or any other type of promotion made available through VINOTTALITIY, which may be free of charge or for payment, depending on the available listing/posting packages. This allows content or certain features to be available to a specific user group(s), depending on the access rights defined by the administrator.
Expiration date: The administrator can set a content expiration date via the promotion/listing package used. When the expiration date is reached, the content will no longer be available for search or listing on the Site, or will have standard search/view features
Admin; Administrator: Company Smart Webconnect S.R.L., Romanian legal person, registered at the Office of the Register of Commerce of THE Court OF OLT under No , CUI 36210704 , e-mail: office@smart-r.ro, Having the capacity to manage the site and any other activity carried out online or offline within the environment derived from this quality.
Listing – public offer made by an user of any kind to be published via website to promote its products or services.
Product – good or service that may be marketed by law and that does not violate the limits set by these terms and conditions.
Trader: A registered user to whom the administrator, after signing a specific contract, granted the right to upload the products or services, promote and/or market them on the Site. The trader takes full responsibility for the content of the online store, the products it promotes, the way it advertise, and the way it manages the sale and delivery of the products to customers. The trader shall be liable for the copyright of the related products, pictures or films.
If you decide using the Site you confirm you fully agree these terms and conditions, you counfirm that you are 18 years or older and have full exercise capacity or, in the case you represent a legal entity you declare you are a registered company that operates in accordance with the laws of the state in which it is registered. You also declare that company representatives (registered Users) are validly authorized to express your legal consent to access, visit, or create Content on behalf of the legal entity within the Site.
The site administrator reserves the right to change or update the terms and conditions unilaterally at any time. You can access the terms and conditions at any time at:
https://vinotality.com/pages/terms-of-service
If you do not delete the account registered on the website, you have legally consented to the change in terms and conditions. If you do not agree to the proposed changes, you have the option to delete the account registered on the website or no longer access, visit, or use the site in any way.
1.6.1 Admin also has the right to inactive or delete all or part of content generated and managed by certain Users, or to proceed against it using all legal possibilities, If he considers that Users’ activity is likely to prejudice the image or reputation of the site, or in any way prejudices the image or integrity of other users.
1.6.2 Admin will not tolerate the following – but not limited only to those - types of events : Vulgar language, aggressiveness, harassment of other users, explicit content, in which case you Admin has the right to fully or partially inactive or delete the content posted by those users, as well as inactivating/deleting their accounts, offering or not the possibility of subsequent registration within the site. Admin reserves the right to adress to the competent authorities in connection with the activities of Users of any kind
1.7 All data processing activities of Smart Webconnect SRL are in line with the provisions of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of Personal data and on the free movement of such data and repealing Directive 95/46/EC (General data Protection Regulation)
1.8 Users expressly agree to the processing of personal data by the administrator from the time the administrator has access to it and that the administrator has the express consent to obtain, process, store and archive the data and information obtained, and transmit them, under legal conditions, to third persons for processing or offering relevant content based on criteria such as age, location, sex, preferences, etc.
1.8.1 Users understand that the Site offers the possibility for different types of users to promote their products or services, therefore, there will be promoted content within the different sections of the site.
1.8.2 Users have the possibility to customize certain settings for notifications, internal messaging, profile privacy, content viewing, and agree to register an account, maintain it active or generate content only if they agree with the level of privacy details provided by those settings.
1.8.3 individual users have the possibility to decide who to address the Content:
1.8.3.1 To Every registered or unregister users, regardless of the friendship status, or
1.8.3.2 Visible only to users they have previously included within their friends network.
However, any registered or unregistered user will be able to access the Community/Members section, to search and retrieve other users by name, user, registered mail address, gender, country/state, whether or not they have a profile picture, whether or not they are online on the Site. This allows every registered or unregistered User to view profile photos and usernames of all registered Users. In addition to this Content, registered or unregistered users can see other Content in accordance to the privacy options set by users who own/post it.
1.8.4. The Content generated by companies or traders or by registered or not registered Users on behalf of Company pages/tarders, will be fully available/disclosed to both registered and non-registered users regardless of the friendship/ like/unlike status.
1.8.5 Registered users understand and agree that certain sections of the site, including profile pictures, may be available on the view to registered or unregistered users, whether or not there is a connection (were added to their personal network or not) with them.
1.9 registered or unregistered users can exercise their right of access to data, the right to intervene in data, the right to object, the right not to be subject to an individual decision, and the right to apply to justice. In order to exercise the right of access to data, the right of intervention on data and the right of opposition, the user may apply to the administrator with a specific request
2.1.registered or unregistered users can receive various emails/requests from other users or manage their content only if they have an active user account.
2.2 users can choose to promote their content by purchasing a promotional package available on the website, in this case, Content being available for search with priority, along with other promoted content at random.
2.3 if the promotion option is not accessed, the search will be displayed according to the filtering/displaying criteria chosen by each user.
2.4. Access to the Site and certain sections of it is generally provided free of charge to users. Nevertheless Vinotality.com, reserves the right to restrict access to certain areas or features of the site without notice or to allow conditional access if specifi viewing package was purchased.
2.5 Return policy. Registered or non-registered users shall have the possibility to stop the effects of a payd service and claim the value of the uncompleted period for listing/ads/promotion packages within 15 working days from the date of purchase of the respective packages. In this respect, the amount to be returned will be determined pro-rata, depending on the value of the paid listing/promotion package, and the number of unused remaining days until its expiry. Will not be refunded any amounts if the period of the paid services was entirely consumed.
2.6 Admin will generate an invoice for a listing or promotion package, which will be available in the Orders and Invoice section .
2.7 Admin does not guarantee the issuance of past invoices in any way if at the time of payment the user did not filled in/updated all the data required to issue the invoice.
Users also agree that the administrator may not be liable for any damage caused by failure to submit any information to the e-mail for reasons beyond the control of the administrator.
2.8. If a recurring payment module for any subscription or promotion costs is available on the site, users can empower Vininoity to submit regular payment requests on their behalf until the respective amounts are collected.
2.9. Listings/postings/ads will be available at the search just as long as the validity period of the listing packages available on the site.
2.10. The promotion period will be valid for a period set by the promotion package chosen by the users
2.11. Vinoality can modify the types of services offered or add new functionalities and be presented on the site.
2.12 Registered or unregistered users who wish to make a payment on the Site for a product or service offered, will access the Site exclusively from the browser, by typing its url address and following the login steps with user and password. Under no circumstances will Users access the Site through links received by them by email or in any other form, in order to make a payment, in order to avoid losses caused by the malicious actions of persons who, reproducing partially or in all certain sections of the Site, wish to take possession of the personal data or related to the payment instruments of the Users.
Users understand that Vinotality cannot control the malicious actions of other persons or entities and relieves Vinotality of any loss suffered as a result of using the Site or pages that reproduce sections of it.
3.3 Vinotality.com may allow users access to content, products or services provided by third parties through hyperlinks (in the form of words, logos, channels or other) to such user websites.You must read the terms and conditions and/or privacy policies of these sites before using them to know the respective terms of use. The user acknowledges that Vinotality.com does not control such user websites, monitor them, or be responsible for these websites, content, products or services available on those websites.
3.4 messages or information sent by the user through the communication systems provided by the Site or by email, Fax or letter to recipients obtained from the Site will not contain the materials described in Section 5.5 below
3.5 Vinotality.com reserves the right to limit, refuse or create different access to the Site and its features for different users or to change features, to enter new ones without notice.Registered user acknowledges that failure to use the Site in whole or in part for any reason may have side effects on the business. Accordingly, each registered or unregistered user agrees that Vinotality.com is not liable to the user for the impossibility of using the site (either because of interruption, limitation of access, changes or cancellation of features on the Site or others), for delays, errors or omissions in communication or transmission, for damages (direct, indirect, consequence or others) Arising from the use or inability to use the site or its features.
3.6 the user will not take any action that undermines the integrity of digital systems or networks used by Vinotality.com and/or other users and will not attempt to gain unauthorized access to such digital systems or networks.
3.7 as a condition of access to and use Vinotality.com, advise not to use Vinotality.com to infringe the intellectual property rights of others in any way. Vinotality.com will cancel accounts of members or users who violate other individuals' copyright or other intellectual property rights. In addition, Vinotality.com reserves the right to cancel a user's account due to the following types of circumstances, but not limited to: First violation of the rights of others using the Vinotality.com service, or if Vinotality.com considers the user's activities to be detrimental to the interests of Vinotality.com, its affiliates or other users.
4.7 registered user cannot sell, attempt to sell, offer for sale, yes, name or transfer an account, User ID or Password to a third party without the prior written consent of Vinotality.com.Vinotality.com may suspend or cancel the account of a registered user or the transferee in the event of a sale, offer, offer or transfer that infringes this Section.
4.8 as an exception to Section 4.1 above, Vinotality.com may refuse to register the account with any user if there are any types of suspicion that the past actions/activities of those registered or non-registered users were inappropriate to other users or to their interests, Mission and values of Vinofin.
4.9 the administrator makes every effort to keep unclaimed lists up-to-date, but assumes no responsibility for the information provided.
5.1 only a registered user can display information on the Site using the editing tools available through the site. The status of the registered user is subject to Section 4 above
5.2 No commercial relationship is created between the user and Vinotality.com, affiliates, directors, agencies or employees for displaying user information on the Site.
5.3 each user undertakes and guarantees to provide real, accurate information, Current and complete to be displayed by Vinotality.com on the Site and promptly maintain and modify all information to remain true, accurate, current and complete.
Each registered or unregistered user grants the irrevocable, pre-repeated, global and free sub-authorization license (through multiple overlaps), For Vinotality.com to expose and use information provided by the user in accordance with the purposes set forth in this Agreement and to exercise copyright, advertising rights and databases contained in such materials or information in any means that is currently known or not.
5.4 each registered or unregistered user undertakes and warrants that he or she has obtained from third parties all the necessary copyright, trademark, patent and license rights, or authorizations and notices relating to the personal or proprietary rights of any third party (including, but not limited to, the following: Personality and privacy rights) for all material and information displayed on the Site or authorize Vinotality.com to present it. Copyright, trademark, marketing rights, patents and other personal and proprietary rights related to materials or information displayed on the Site, including, but not limited to, personality and privacy rights, those related to products offered or displayed on the Site are here called the “User Rights”. Each user undertakes and assumes responsibility that the materials or information they display on the Site or authorize Vinotality.com to present, does not infringe the rights of other entities, or that they are exposed with the permission of those who own those proprietary rights. Each registered or unregistered user undertakes and guarantees that he has obtained the right to manufacture, offer, sell, rent, import and distribute the goods or services he offers and displays on the Site and that the manufacture, offer, sale, rental, the import and/or distribution of those products does not infringe any rights of other entities.
5.5 each registered or unregistered user commits and warrants that the information sent to Vinotality.com for presentation on the Site:
1. It does not contain fraudulent information or offer fraudulent products, does not involve the sale of counterfeit or stolen objects, the marketing of which is prohibited by applicable laws, nor does it promote other illegal activities;
2. Are not part of a strategy for fraud of other entities, users of the site or not, or for other illegal purposes;
3. Are not related to sales of goods or services which infringe or encourage the violation or violation of copyright, patent, trademark, trade secret or other proprietary rights, or to advertising and privacy of any third party or other user rights;
4. Do not infringe any applicable laws, regulations, or regulations (including those concerning export, consumer protection, unfair competition, anti-discrimination or false advertising);
5. Are not defamatory, slanderous, threatening or harassing;
6. Are not obscene or contain, and does not involve, pornography or sexual cargo or any other content, and does not promote sexually explicit material or are not harmful to minors;
7. Shall not promote discrimination of racial, sexual, religious, ethnic, disability, sexual orientation or age;
6.1 through the Site, Vinotality.com provides an electronic web platform for the exchange of information between different registered or unregistered users, with or without a fee, depending on the type of service intermediated. Vinotality.com does not control or be responsible for the quality, safety, legality or availability of the products or services offered for sale on the Site or the ability of registered or unregistered users to terminate the sale/purchase.
6.2 registered or unregistered users are warned of the risk of trading with malicious people. Vinotality.com uses several techniques to verify the accuracy of the information that our users provide us when registering on the Site. But because it is difficult to verify users on the Internet, Vinotality.com cannot and cannot confirm the identity of each user. We recommend that you use the various tools/information available on the Site, as well as the reason, to evaluate the person you are trading with.
6.3 each registered or unregistered user assumes the risk of selling – buying or renting when they enter into transactions on the Site, Also the risks of damage or injury of any kind in connection with subsequent activity in relation to the products or services subject to transactions on the Site. These risks include false images of products and services, fraudulent strategies, poor quality, failure to follow instructions, defective or dangerous products, illegal products, late delivery or payment, inaccurate price calculations, warranty violations, breach of contract and transport accidents. Such risks also involve situations where the manufacture, import, distribution, offer, display, purchase, sale and/or use of the goods or services offered or presented on the Site infringe or is presumed to infringe the rights of users, There is a risk that the user will incur defense or other costs related to claims by other Uusers or entities or to claims by either party to protect the rights claimed. These risks include situations where consumers, other buyers, end-users of the products or others who claim injury or damage from products obtained by site users as a result of a sale-purchase/rental transaction using the site, may suffer damage and/or make claims as a result of using these products All these risks are called transaction risks . Each registered or unregistered user releases Vinotality.com of any liability for damages, damage, costs, damages, problems, business disruptions of any kind arising from or related to the risks of the transaction.
6.4 registered or unregistered users are only responsible for all terms and conditions of transactions made through or using the site, including, but not limited to, payment terms, reimbursement, guarantees, shipping, insurance, taxes, fees, securities, licenses, fines, permits, handling, transport and storage.
6.5 if a registered or unregistered user has a dispute with another part of a transaction, that user releases Vinotality (and its agents, affiliates and employees) from any claims, claims, processes, procedures, costs, expenses and damages (including, but not limited to, actual, special damages, incidental or consequential) resulting from the transaction.
7.5 each registered or unregistered user undertakes not to claim from Vinotality.com, its affiliates, agents, and employees any loss, claim, damages (including legal costs of a permanent nature) arising from the user's use of the Site (including presentation of information on the Site) or breach of the terms and conditions of this Agreement Each registered or unregistered user undertakes not to claim from Vinotality.com, its affiliates, agents and employees any loss, claim, damage (including legal costs of a permanent nature) arising from the user’s breach of the warranties it has provided to the Vinotality.com site, including but not limited to: As stipulated in sections 5.3, 5.4 and 5.5 above Each registered or unregistered user undertakes not to claim from Vinotality.com any loss, claim, damage (including legal costs of a permanent nature) arising directly or indirectly from its affiliates, directors, agents and employees, By claiming user rights or by claims of other third parties regarding products offered or displayed on the Site. Each registered or unregistered user hereby declares that Vinotality.com will not be liable for any material presented by others, including defamatory, offensive or illicit material, and that the risks of damage caused by such materials are entirely borne by each registered or unregistered user. Vinotality.com reserves the right to defend and control any matter protected by you at your own expense, in which case you may be asked to cooperate with Vinotality.com in preparing the defense routes.
7.6 Vinotality.com will not be liable for any special, direct, indirect, punitive damages, incidental or consequential (including damages for loss of profit or savings, business interruptions, loss of information), whether stipulated in contract, negligence, damage, strict or other liability, or for other damages resulting from the following situations:
1. Use or inability to use the website;
2. Defects in goods, samples, data, information or services purchased or obtained from a user or third party supplier through the Site;
3. Violation of users' rights or claims that the manufacture, import, distribution, offer, display, purchase, sale, rental and/or use of the goods or services offered and presented on the Site infringes or is presumed to infringe the rights of users; Or complaints by another party seeking protection of rights in relation to claims by complainants of user rights;
8.1 Smart Webconnect SRL is the sole owner or legal authorized of all rights relating to the Site and to the Vinoality content. The Vinotality.com site and content include trade secrets and intellectual property rights protected by the global copyright and other rights laws. All proprietary rights, including intellectual rights, to the site and the Vinotality.com content will remain in the possession of Vinoiality, its affiliates or authorized representatives of the Vinotality.com content, as appropriate. All rights not modified by this Agreement or by Vinotality.com are reserved.
8.2 VINOTTALITY, VINOTALITY.COM logos and related logos are trademarks or service marks of the site administrator under different jurisdictions and are protected by copyright laws, trademarks and other property rights.
9.1 all notifications, referrals or requests made to Vinotality.com are valid only in writing and will be sent to e-mail address winecommunity@Vinotality.com
9.2 by creating the account, Users agree to receive information/messages or other requests on the Site registered mail address.
10.1 this agreement constitutes the entire contract between registered or unregistered user and Vinotality regarding access to and use of the site and is superior to any prior written or oral agreement on the same subjects as mentioned here.
10.2 Vinotality.com and the user are independant contractual parties, And no agency, company, association, employee-employer or franchise relationship is created by this agreement
10.3 if any of the provisions included therein are null or void, this provision shall be abolished and the remaining provisions shall apply.
10.4 the securities are for reference purposes only and do not in any way define or limit the scope of the securities, does not describe the purpose or scope of that section.
10.5 failure by Vinotality.com to comply with any rights or failure to act against a user's violation of the terms and conditions does not rule out the right for Vinoiality to take action in respect of subsequent or similar infringements.
10.6 Vinotality.com is The right to designate its obligations and duties under this Agreement and any Convention relating to services paid to any person or entity.
10.7 this agreement is subject to the laws of Romania regardless of conflict with the provisions of other laws.
10.8 the site uses cookies to improve the user experience on the platform, and to know their preferences and behavior.
10.9 the collection of cookies is made through the following applications:
– Google Analytics
Mixpanel
10.10 in this respect, the site stores cookies of the following types:
– the performance of the site
visitor analysis
for geotargetting
registration
for advertising purposes
cookies of advertising providers
10.11 you can opt-out or decline receiving cookies from your browser settings, but it does exist the risk that in this case access to the site will become difficult to visit and use. Also, refusing to accept cookies does not mean that you will no longer receive/see online advertising.