TERMS AND CONDITIONS: BEST VINTAGE LIMITED

• 1. Introduction

   

  1.1	This website is owned and operated by Best Vintage Limited, an English registered company (number 05468771). Our registered office is at Summit House, 170 Finchley Road, London NW3 6BP and our trading address is 22 Ambrose Avenue, London, NW11 9AN. Our other contact details are specified in the “contact us” section on our website.
  1.2	Our services consist of a platform for the advertising of wine and other related goods or services or as may be otherwise specified on our website.
  1.3	In this Agreement:
  1.3.1	“Advertiser” means any Member who places advertisements on the Service.
  1.3.2	“Member” means any person whose membership has been accepted by us and whose membership remains valid for the time being.
  1.3.3	“You, Your, Yourself"” means the Member or other person using the Service.
  1.4	These terms and conditions comprise a contract (“this Agreement”) between You and us governing Your use of this website and the services which we supply via this website (together described as “the Service”). By clicking acceptance as part of registration You agree to be bound by this Agreement. You are also bound if You use the Service without registering. Please read this Agreement carefully and ensure that You understand it before You register for or use the Service. If You are a consumer Your statutory rights are not affected by this agreement. Headings below are for information only and are not binding.
  1.5	We may change this Agreement from time to time. We will notify You by email and/or via a suitable announcement on the Service. You will be bound by the changes if after the effective date you renew your advertisement or place a new one or otherwise use the Service.

   

• 2. Membership Conditions

   

  2.1	You must be over 18 years to register for or use our Service. You must supply us with correct information on registration and promptly notify us of any changes to the information You provided on registration including your email address (to which we will sent notices concerning the Service).
  2.2	You must be a Member to place advertisements on the Service or to contact Advertisers.
  2.3	You must not:
  2.3.1	,if you are Advertiser, include in any advertisement or otherwise post on the Service any personal and/or business information such as email or postal addresses, telephone or fax numbers or other contact information which would enable other Members to communicate with You other than via the Service;
  2.3.2	post, store or transmit information on or via the Service which is false or misleading or which breaches or infringes any applicable law, statute, regulation and/or code of conduct (including without limit laws and regulations relating to the sale and distribution of alcoholic beverages and the British Code of Advertising, Sales Promotion and Direct Marketing) or any other parties' rights (including without limit intellectual property rights and/or privacy rights);
  2.3.4	post, store or transmit on or via the Service any junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collect responses to any such schemes or solicitation; or harvest personal or other data from the Service;
  2.3.5	engage in any behaviour in connection with the Service which is likely to damage our reputation;
  2.3.6	attempt to or gain unauthorized access to, or interfere with or damage, our computer systems or do anything which would impose an unreasonable or disproportionately large load on the infrastructure of the site;
  2.3.7	in connection with the Service breach generally accepted standards of “netiquette” or norms of the internet community; or
  2.3.8	in any way assign, transfer, part with and/or authorise any other person to use Your membership.
  2.4	You must comply with our reasonable instructions concerning use of the Service.

   

• 3. Security

   

  3.1	The username and password allocated to You on registration are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Service including any activities by anyone using Your username and password.
  3.2	You should protect against unauthorized access to Your computer. Ensure that You sign off when You finish using a shared computer.
  3.3	You must notify us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases You should immediately amend Your password using the Service.

   

• 4. Placement of advertisements

   

  4.1	Advertisers wishing to place advertisements on the Service must pay the applicable fees specified on our website at the time of ordering / renewing. Fees are refundable only where specifically mentioned in this Agreement.
  4.2	Only one kind of wine can be advertised in each advertisement.
  4.3	We reserve the right in our discretion to reject any application to place an advertisement on the Service or to delete any part of the advertisement which includes contact details or otherwise breaches this Agreement.
  4.4	Advertisements will remain on the website for two months unless otherwise specified on the website at the time of ordering / renewing. If any advertisement is unavailable for more than 24 hours as a result of any matter within our reasonable control, we will extend the period of advertisement accordingly.

   

• 5. Misuse of Service

   

  5.1	If, acting reasonably, we believe that You have or may have breached this Agreement (such as a claim that You have infringed third party rights) or that it is necessary to protect us or other Members or if We are required by law or appropriate authority to do so, we may without giving notice or a refund:
  5.1.1	suspend for so long as necessary and/or terminate Your registration; and/or
  5.1.2	access, delete, remove, alter, store or disclose any content You have posted, stored or transmitted in connection with the Service.

   

• 6. Cancellation / Termination / Suspension

   

  6.1	This clause applies to You only if You are a “consumer” as defined in the Consumer Protection (Distance Selling) Regulations 2000 www.hmso.gov.uk/si/si2000/20002334.htm. You may cancel Your order placing an advertisement by giving us written notice within 7 working days of placing Your order. Within 30 days of Your notice we will refund payments by credit card refund. However, this right of cancellation does not apply once we have started to provide the Service by uploading the advertisement to our website (which may happen virtually instantaneously).
  6.2	You may terminate Your membership at any time, upon giving us notice by emailing to the address on the “contact us” page. In such case You will not be entitled to any refund of monies paid (without prejudice to clause 6.1 above).
  6.3	Without prejudice to any other right of termination in this Agreement, we may terminate Your membership at any time, without cause, upon giving You notice by email. If so we will refund pro rata any fees already paid.
  6.4	You acknowledge that any suspension or termination of the Service or this Agreement may involve loss of or inability to access any content stored on the Service.
  6.5	This Agreement continues for so long as You are a Member. Even after termination of this Agreement, certain clauses will continue to apply including clauses 5, 7, 10 and 11 and other clauses necessary to interpret or enforce this Agreement.

   

• 7. Intellectual property rights

   

  7.1

  The content of our website including without limitation all information, software, data, text, photographs, graphics, sound and video are protected by copyright, trade marks, service marks, patents or other proprietary rights.

  7.2

  You may retrieve and display the content on this website and otherwise use the Service only for the genuine purpose of viewing or placing advertisements for the sale of wine or otherwise genuinely participating in the Service. The content of this website may not otherwise be retrieved, displayed, modified, copied, printed, sold, downloaded, sold, hired, reverse engineered or transmitted in any way without our prior written consent.

   

• 8. Data protection

 

8.1	Personal information collected from You is subject to our privacy policy.

 

• 9. IMPORTANT: Disclaimers

   

  9.1	We have no responsibility for the content of any advertisements or other content posted, stored or transmitted by other Members on or via the Service.
  9.2	We have no responsibility for delivery or any other part of any transactions resulting from or connected with any advertisements on the Service. Such transactions are a matter between the parties concerned. We do recommend or endorse any particular Advertisers or goods or services.
  9.3	We do not guarantee uninterrupted or error-free service and except as expressly provided in this Agreement we accept no responsibility in respect of such interruptions or errors in the Service. We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons. We will use our reasonable endeavours to restore the Service as quickly as possible after any interruptions or errors.
  9.4	We do not guarantee that this site will operate either fully or in part on any specific computer equipment or in any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology.
  9.5	On this website You may be offered links to other sites which we hope will be of interest. However, we have no control over such sites and do not endorse them. You agree that we are not responsible for the availability or content of, or goods or services available on, those websites.
  9.6	Where we post our own content on the Service, we use reasonable efforts to ensure that it is accurate and reliable but make no promise to this effect. You use or rely on it at Your own risk.

   

• 10. IMPORTANT: Liability

   

  10.1	This section (and any other clause excluding or limiting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
  10.2	Without prejudice to the rest of this Agreement, our liability of any kind (including our own negligence) with respect to the Service for any one event or series of related events is limited to the fees payable by You within 6 months before the event(s) complained or £100 whichever is higher.
  10.3	In no event (including our own negligence) will we be liable for any:
  10.3.1	economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  10.3.2	loss of goodwill or reputation;
  10.3.3	special, indirect or consequential losses; or
  10.3.4	damage to our loss of data. (even if we have been advised of the possibility of such losses).

   

• 11. IMPORTANT: Indemnity

   

  11.1	You will indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities directly or indirectly related to Your breach of this Agreement or use / misuse of the Service.
  11.2	We will indemnify you against all third party claims and liabilities directly or indirectly related to our breach of this Agreement.

   

• 12. General

   

  12.1	This is the entire agreement between You and us in connection with the and the Service. Save in relation to statements made fraudulently, You and we accept that neither of us have any rights or liabilities in respect of pre-contractual statements and that neither of us has relied upon any such statements. Any failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is deemed ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement save in relation to clauses 10.1 and 11.1.
  12.2	We are not liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control.
  12.3	This contract shall be governed by English law and any disputes will be decided only by the English courts.