THE TERMS AND CONDITIONS (“AGREEMENT”) MAY BE MODIFIED FROM TIME TO TIME. PLEASE READ ALL TERMS CAREFULLY BEFORE USING THIS WEBSITE ("MYVINUM" OR "MARKETPLACE"). YOUR USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS BY YOU ("USER" OR "CUSTOMER"). IT IS ADVISED THAT YOU READ THESE TERMS PRIOR TO EVERY USE.

 

MyVinum, Lda. Terms Of Use

 

Registration

Free registration on this website provides the ability to store frequently used information such as personal information in our servers.

A valid credit card with associated User name, billing address, and email is required when registering in several profiles in our Marketplace. User may maintain this information, on the My Account page of MyVinum site. All personal information provided to MyVinum will be treated in accordance with the MyVinum Privacy Policy.

Upon registration, User must provide a working email address and a password. User must ensure that these remain confidential at all times and agrees that User is solely and entirely responsible for all activities which occur under User email address and password. User must notify MyVinum immediately if User becomes aware of any unauthorized use of User email address and password. Each User email address and password must be used by a single User and is not transferable. MyVinum may suspend or terminate access to an account if it suspects unauthorized or improper use.

 

User conduct

As a condition of use of this website, User expressly agrees not to use the website for any purpose that is unlawful or prohibited by these Terms. User agrees to abide by all applicable local, national, and international laws and regulations. User agrees that User is solely responsible for all acts or omissions that occur under User's account including the content of transmissions through MyVinum service.

Without MyVinum’s prior written consent User may not reproduce, distribute, modify, create or display derivative works based on, repost or otherwise use the content of this website. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.

User agrees not to:

·       attempt to access this website or any of its content if User is under the legal drinking age of the jurisdiction from which User accesses this website;

·       upload, post or otherwise transmit through or to this website any content that:

o   is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;

o   might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;

o   contains any computer viruses or any other harmful programs or elements;

o   disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, servers or networks;

o   provide false information about User to MyVinum, impersonate any other person, or otherwise attempt to mislead others about User's identity or the origin of any content, message or other communication;

o   collect information about other visitors to MyVinum website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;

o   sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by MyVinum;

o   redistribute any content, including reviews, provided by MyVinum in any manner whatsoever including by means of printed publication, fax broadcast, mobile devices, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method;

MyVinum reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.

 

Contributions

"Upload" means to post, enter, or otherwise provide content to this website. "Contribution" means any messages, photos, data, or other information or materials that a User uploads and is either displayed solely to the User or publicly. "User owned Contribution" means a Contribution that User, rather than a third party, owns.

By Uploading any Contribution, User represents and warrants that User has the right to Upload that Contribution. User will not Upload any Contribution that User does not have the right to Upload.

MyVinum rely upon User's warranty that the all Contributions are User-owned Contributions.

User hereby grants MyVinum an irrevocable, perpetual, worldwide, fully-paid, non-exclusive license to create derivative works of each User-owned Contribution and to use, reproduce, modify, adapt, publish, perform and display the User-owned Contribution and its derivative works, so long as User is not identified as the source thereof.

User acknowledges that MyVinum has no obligation to screen, and does not screen, Contributions when they are Uploaded. MyVinum will not maintain or utilize Contributions after they have been deleted by the User. Exceptions to this are data labeling contributions that have been verified by our data team and made available to all Users.

 

Links

MyVinum has not reviewed all of the sites that are linked to this website and is not responsible for the content of any off-site pages or any other sites linked to this website. User's linking to any other off-site pages or other sites is strictly at User's own risk.

 

 

MyVinum's right to terminate User

MyVinum reserves the right to terminate access to MyVinum services at any time, primarily due to User misconduct. In such event:

·       User is no longer authorized to access MyVinum;

·       User will continue to be subject to and bound by all restrictions imposed on User by these Terms and;

·       All licenses granted by User and all disclaimers by MyVinum and limitations of MyVinum's liability set out in these Terms or elsewhere on MyVinum's websites or documentation will survive.

 

Termination by user

If User is dissatisfied with any portion of the service, or with any of these Terms, User's sole and exclusive remedy is to discontinue using the website. This Agreement is effective until terminated by either party.

 

MyVinum Marketplace

Legal age requirement

Wines may be purchased/sold by and delivered only to persons who are of legal age in the legal jurisdictions where they are located. Customer represents that:

·       Customer is at least of Legal Age and;

·       The person to whom any wine will be delivered is also of Legal Age;

·       No delivery shall be made to a visibly intoxicated person.

 

Eligible Products

Although the Marketplace is optimized for wine, MyVinum accepts the existence of other types of ads, regarding other sort of alcoholic beverages.

 

Marketplace wine condition

Every bottle traded via the Marketplace is the responsibility of the User. MyVinum does not warrant any bottle's suitability for consumption as it is not possible to determine the condition in which the wine was stored or to know with certainty whether a particular wine has passed its useful life. Please check related sites for insights on the current drinkability of a particular wine.

 

Cancelled Transactions

After trade acceptance by User, a transaction may be cancelled in several ways:

·       Failure to ship/transfer the Items between Users.

·       Voluntary cancellation before completion of the trade (for any reason).

·       Failure of any bottle to meet the standards of the Users.

 

Liability for transportation and returns

MyVinum's role is a Marketplace manager and shall not be liable for any expenses Users may incur regarding item transportation and returns.

 

Wine condition

While MyVinum shall make a diligent effort (such as User Ratings) to assess the condition of any wine advertised in our Website, it is not possible to know the complete provenance of every wine, especially older vintages.

 

Price changes and availability

All prices associated with wine ads in our Marketplace, are the responsibility of Users and therefore subject to change without notice. MyVinum is not responsible for typographical errors in User ads.

Occasionally, computer system issues, human errors, process faults, or other causes result in unintentional ads appearing on our website. MyVinum reserves the right to correct or delete such unintentional ads.

 

Disclaimers/Limitation of liability

User trading and use of the Marketplace is at User’s risk. To the extent fully permitted by law, MyVinum shall not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of User access to, or use of goods purchased through use of MyVinum's service. Unless expressly granted by these Terms, all goods are sold "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

Shipping, Pickup, And Delivery

MyVinum does not provide Shipping, Pickup, and Delivery services.

 

Billing and Payment

Users will receive billing referring to the amount paid for using the Marketplace. Customer must notify MyVinum of any disputed charges within 30 days. Disputed cash charges resolved in favour of User will appear as a credit on the following statement.

 

Copyright

User should assume that everything seen or read on this website, received through related services, or downloaded from MyVinum servers, is protected by copyright unless otherwise stated and may only be used according to these Terms. MyVinum does not warrant or represent that User use of materials displayed on this website will not infringe rights of third parties that are not owned by or affiliated with MyVinum. The use of these materials by User, or anyone else authorized by User, is prohibited unless specifically permitted by these Terms. Any unauthorized use of such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations.

 

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of MyVinum. User misuse of the Trademarks displayed on this website, or any other use of content displayed on or included as part of the website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website without the written permission of MyVinum.

 

Release

User agrees to release MyVinum from any liability for any damage, injury or loss, monetary or otherwise that User incurs as a result of either User's or another party's use of MyVinum website, services, products or third party references, except as expressly described herein. MyVinum expressly disclaims any liability for any damage, injury or loss, monetary or otherwise, that User incurs through reliance upon the accuracy and completeness of information provided by MyVinum's website, MyVinum employees, contractors, third party content providers, licensors or information attendant to or included in any of the services provided by MyVinum.

 

Suitability and fitness

User acknowledges and agrees that User has made his or her own inquiries as to the suitability and fitness of MyVinum for the purposes of providing the services described herein, and that User has not relied on any representations made by MyVinum or its representatives other than those described in this Agreement.

 

Modification of terms

MyVinum may at any time revise these Terms by updating the same at its website(s). User is bound by any such revisions and should therefore read these Terms periodically and carefully.

 

Governing law

This Agreement is governed by and construed in accordance with the laws of Portugal. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If User uses this website from other locations, User is responsible for compliance with local laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

User hereby agrees that any cause of action arising out of or related to this website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

Entire agreement

This Agreement supersedes all prior or contemporaneous terms or conditions, oral or written, between User and MyVinum with regard to use of this website or MyVinum services. 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.

 

Indemnity

User hereby agrees to defend, indemnify and hold harmless MyVinum and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors and assigns (each a "MyVinum Party") against any and all claims, damages, costs, fines, penalties, liabilities, losses, attorneys' and other professional fees and disbursements, suffered, incurred by, or asserted against any MyVinum Party, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with:

·       User use of MyVinum website or MyVinum services;

·       Any inaccuracy of any representation or warranty made by Users in connection with Marketplace transactions;

·       Any use or alleged use of User accounts or passwords by any person, whether or not authorized by User;

·       The content, quality or performance of content that User submits to MyVinum websites;

·       User connection to MyVinum website;

·       User violation of this Agreement; or

·       User violation of the rights of any other person or entity, including without limitation intellectual property rights and rights of privacy and/or publicity except to the extent that such liability is the direct result solely of MyVinum's gross negligence or willful misconduct.

MyVinum reserves the right, at MyVinum's own expense, to assume the exclusive defense and control of any matter for which User is obligated to indemnify a MyVinum Party, and User agrees to cooperate with MyVinum's defense of these matters at no cost to MyVinum.

 

Disclaimers/Limitation of liability

User use of and any browsing of MyVinum's website is at User's risk. To the extent fully permitted by law, neither MyVinum nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of User access to, or use of, the website, or related services. The material contained in this website may contain inaccuracies and errors. MyVinum does not guarantee that the functional aspects of the website will be uninterrupted or error-free or that this website, or the server that provides them are free of viruses or other harmful components. The Marketplace and everything on the website are provided to User "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

 

Dispute Resolution / Waiver of right to litigate in court

The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The other party will respond in writing with a statement of its position on, and recommended solution to, the dispute. If such dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to negotiate or arbitrate, remains unsettled following such negotiation, the matter shall be determined by arbitration in Lisbon, Portugal, before a sole arbitrator, in accordance with the rules of the Centro de Arbitragem de Conflitos de Consumo de Lisboa. The parties hereby agree, however, that the arbitrator is not empowered to award damages in excess of those specified above and hereby expressly waive and forego any right to punitive, exemplary or similar damages in arbitration.

The parties hereby agree to have all disputes, claims or controversies arising out of or relating to this Agreement decided by the negotiation and arbitration procedures described above, and waive any rights they might possess to have those matters litigated in a court or jury trial. Each party acknowledges that if it refuses to submit to negotiation and arbitration after agreeing to this provision, it may be compelled to go to court or jury trial under Portuguese law.

 

Notice

Any notice given under this Agreement or pursuant to law must be in writing and will be sufficient if personally delivered, sent by certified or registered mail, email or website posting by MyVinum to this website. Notifications shall be sent to the physical or email address of record for Customer or, if to MyVinum, to:

·       Physical Address

Apartado 004025

ES S. Domingos de Benfica - Lisboa

             1501-666 Lisboa / Portugal

 

·       Email - customer.support@myvinum.com.

Notice deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three (3) days after it is so deposited; email and website notifications shall be effective from and after the expiration of forty-eight (48) hours.

 

Privacy and security of personal information

This Agreement includes the terms of use of the MyVinum privacy policy, a copy of which is located in the Website, and which is hereby incorporated by reference. In the event that there is any inconsistency between this Agreement and the privacy policy, this Agreement shall take precedence.

MyVinum is committed to safeguarding personal information that is entrusted to MyVinum. MyVinum servers are protected by various computer security measures and all personal Customer information is encrypted and transferred through the use of secure protocols. Policies concerning the use and disclosure of any personal information are governed by MyVinum's privacy policy.

 

Miscellaneous

Any waiver of a right or duty afforded under this Agreement shall not be effective unless such waiver shall be in writing and signed by the party claimed to have given, consented to or suffered the waiver. This Agreement shall be exclusively governed by and construed in accordance with the laws of Portugal. In the event that any court of competent jurisdiction determines that any provision of this Agreement is unlawful or unenforceable, each and all remaining provisions of this Agreement shall remain in full force and effect. This Agreement will bind and benefit MyVinum and User.