1. GENERAL
Welcome to the website of safinewine.com. Please note that your use of the safinewine.com site is subject to the following terms (“Terms of Service”). If you do not agree with any of these Terms of Service, do not access or otherwise use this site or any information or materials contained on the site. Your use of the site shall be deemed to be your agreement to abide by each of the terms set forth below. The terms of service may be updated by safinewine.com from time to time with or without notice to you. Your continued use of the site indicates acceptance of any modifications to the terms of service.
2. USER OBLIGATIONS
You agree not to do any of the following while using the safinewine.com site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use non-public areas of the safinewine.com site or safinewine.com’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
You will not access the safinewine.com site with any manual or automated process for any purpose other than to purchase safinewine.com products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the safinewine.com site (“data scraping”) is prohibited, regardless whether such use is for commercial or non-commercial purposes.
3. SALE OF ALCOHOLIC BEVERAGES
safinewine.com does not sell alcohol to persons under the age of 21. By using this site, you swear and affirm that you are over the age of 21. safinewine.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you are acknowledging that the person receiving a shipment of alcoholic beverages from safinewine.com is over the age of 21. You also agree that any alcohol purchased from safinewine.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 safinewine.com will prosecute you fully to the extent allowable by law.
4. TITLE AND OWNERSHIP
Title to, and ownership of, all wine passes from safinewine.com to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, safinewine.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from safinewine.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
5. THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this safinewine.com site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of safinewine.com. safinewine.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this site by anyone other than authorized safinewine.com employees acting in their official capacities.
6. PARENTAL CONTROL PROTECTIONS
safinewine.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. safinewine.com does not sponsor or endorse any of these companies or their services.
7. LINKS
The site may contain links to other web sites or resources. You acknowledge and agree that safinewine.com is not responsible or liable for the availability or accuracy of such web sites or resources; or the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the site does not imply that safinewine.com endorses the linked site.
8. PROTECTION OF CONTENT PROVIDED BY SAFINEWINE.COM
All text, prices, graphics, logos, icons, images, audio clips and software on the site (“site content”) are copyrighted materials owned by or licensed to safinewine.com. The site content may contain trademarks, service marks and trade names which are owned by safinewine.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any events described in the site content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by safinewine.com, its affiliates, or third parties. “safinewine.com” is a licenced trademark. Unless authorized in writing by an officer of safinewine.com, safinewine.com’s trademarks may not be used in connection with any product or service that is not safinewine.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits safinewine.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the site content in any way for any public or commercial purpose without prior written consent of safinewine.com or the rights holder. You may not use the site content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the site content will automatically terminate, you must immediately destroy any copies you have made of the site content, and we may end your authorization to use the site. Nothing contained in the site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP rights”) of safinewine.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP rights in the services, products, processes or technologies described in the site content are expressly reserved to safinewine.com, its affiliates, and/or any third party, as applicable.
9. NOTICES
safinewine.com will give you any necessary notices by posting them on the site. You authorize safinewine.com to send notices via electronic mail as well if safinewine.com decides, in its sole discretion, to do so. You agree to check the site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the site.
10. DISCLAIMER OF WARRANTIES
Although safinewine.com endeavors to provide current, accurate and reliable information on the site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the site. safinewine.com does not warrant that your use of the site, or the operation or function of the site, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements.
Your use of the site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the site. safinewine.com and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site. The site content provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third-party rights, or fitness for any particular purpose.
Your use of the site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the site. safinewine.com and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site. The site content provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third-party rights, or fitness for any particular purpose.
11. LIMITATION OF LIABILITY
In no event shall safinewine.com and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the site, the use or performance of the site, the delay or inability to use the site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if safinewine.com or any of its suppliers has been advised of the possibility of damages.
If you are dissatisfied with any portion of the site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the site. This sole and exclusive remedy is separate and independent of any other provision that limits safinewine.com’s liability or your remedies.
If you are dissatisfied with any portion of the site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the site. This sole and exclusive remedy is separate and independent of any other provision that limits safinewine.com’s liability or your remedies.
12. TERMINATION OF ACCOUNT
safinewine.com may terminate your account with or without cause at any time effective immediately. If we terminate your account without cause, we will refund on a prorated basis any portion of your membership fee (if applicable) that you prepaid in advance for the remaining portion of your then-current membership term.
13. NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS
safinewine.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. safinewine.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, safinewine.com shall immediately issue a credit to your credit card account in the amount of the charge.
14. FORCE MAJEURE
safinewine.com shall be excused from performance under this Terms of Service if safinewine.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of:
any provision of any present or future law or regulation or order of Republic of Mauritius,
any act or omission of a third party, or
any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of safinewine.com.
15. GENERAL PROVISIONS
You agree that safinewine.com and its licensors may make improvements and/or changes in the site content and services or events described in this site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of safinewine.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by safinewine.com in writing. The Terms of Service, along with the Privacy Policy, comprises the entire agreement between you and safinewine.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of safinewine.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of safinewine.com shall be null and void. These Terms of Service will inure to the benefit of safinewine.com’s successors, assigns, and licensors. The paragraph headings in these Terms of Service are included to help make the agreement easier to read and have no binding effect.
16. DISPUTES
Any dispute or claim relating in any way to your use of any safinewine.com service, or to any products or services sold or distributed by safinewine.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to safinewine.com Compliance Officer.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If you have any questions about these Terms of Service, please contact us at [email protected].
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to safinewine.com Compliance Officer.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If you have any questions about these Terms of Service, please contact us at [email protected].