Terms of Service
TERMS OF SERVICE (TOS)
1. ACCEPTANCE OF TERMS
Welcome to EuroWineClub! EuroWineClub provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
EuroWineClub currently provides Members an access to wine offering, which can be ordered through this web site. EuroWineClub is an e-procurement service, therefore not selling nor carrying wine inventories. You understand that wines ordered through this web site are purchased from licensed distributors and retailers selected by the Club, and are in very limited quantities. The ordering policy is a first come, first service basis when an offering is made available, so orders will be fulfilled only if sufficient quantities of wines are available.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Member's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EuroWineClub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EuroWineClub has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). EuroWineClub is concerned about the safety and privacy of all its users, particularly minors. You must be at least 21 years of age to order wines through this web site. Delivery can only be made within the State of Massachusetts and an adult signature will be required upon delivery.
4. EUROWINECLUB PRIVACY POLICY
You understand and accept EuroWineClub's Privacy and Security as posted on our web site.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will enter a password and account designation upon completing the Member's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EuroWineClub of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EuroWineClub cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MODIFICATIONS TO SERVICE
EuroWineClub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EuroWineClub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. TERMINATION
You agree that EuroWineClub, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EuroWineClub believes that you have violated or acted inconsistently with the letter or spirit of the TOS. EuroWineClub may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that EuroWineClub may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EuroWineClub shall not be liable to you or any third-party for any termination of your access to the Service.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A)
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EUROWINECLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B)
EUROWINECLUB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS.
C)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EUROWINECLUB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EUROWINECLUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF EUROWINECLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
11. TRADEMARK INFORMATION
EuroWineClub and the EuroWineClub logo are trademarks of EuroWineClub.com, Inc. Without EuroWineClub's prior permission, you agree not to display or use in any manner, the EuroWineClub Marks.
12. GENERAL INFORMATION
The TOS constitute the entire agreement between you and EuroWineClub and govern your use of the Service, superceding any prior agreements between you and EuroWineClub. The TOS and the relationship between you and EuroWineClub shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. |
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