TERMS & CONDITIONS VINOVIDI WINERY MANAGER

1. Scope of Application

Hubspider Mobile Marketing & Support Services SL, Bvd. La Cala, Ed. C Office 11, 29649 La Cala de Mijas (henceforth “VinoVidi”) runs a winery databank on their website in which winery operators can register their wineries.

VinoVidi Winery Manager is offered exclusively to persons of legal age that are winery owners, winery operators and/or authorized employees of a winery (henceforth “winery operator”).

These terms and conditions are valid for all services that VinoVidi provides winery operators in connection with the entries in the winery databank on VinoVidi Winery Manager. The winery operator will be notified of changes to these terms and conditions in their account. Subsidiary agreements, amendments and supplements must be confirmed in writing by VinoVidi.

2. Subject and Term of Contract - VinoVidi Winery Manager

The subject of the contract is the winery entry and the products offer or amendment of the current winery operator’s winery listing in the online VinoVidi winery databank (Winery Manager) on the VinoVidi website.

The contractual relationship is a result of the winery operator registering online at www.vinovidi.com/winerymanager. The winery operator must register with the requested data in the registration form on VinoVidi Winery Manager. After completing the registration, the activation of the VinoVidi Winery Manager account will follow.

VinoVidi accepts the contract via confirmation (by e-mail) of a successful registration in Winery Manager.

The winery operator must check their uploaded content for correctness immediately after activation. Any errors must be corrected immediately (or otherwise reported).

The winery operator is responsible for the correctness of their data. The winery operator will only upload information and photographic materials that do not infringe upon the rights of third parties.

Terminating the participation in Winery Manager is made possible when the winery operator sends VinoVidi an e-mail (info@vinovidi.com) declaring the termination of participation in Winery Manager and then receives a confirmation e-mail from VinoVidi. After termination of the contract, the winery operator can request the deletion of their entry from VinoVidi. The winery operator can send this deletion request at any time with a corresponding message by e-mail to info@vinovidi.com or by post to the postal address Hubspider Mobile Marketing & Support Services SL, Bvd. La Cala 11, 29649 La Cala de Mijas (Málaga), Spain.

The winery operator can only request the deletion of the data that they made available. Contents of third parties, in particular from participants in the VinoVidi Community and the general winery entry, are not affected by the deletion.

VinoVidi reserves the right to develop, amend and update the design, functionality and abilities of Winery Manager from time to time, as well as make adjustments to the software. VinoVidi will inform the winery operator about these instances by e-mail, and may do so as well in the winery operator account. VinoVidi does not take responsibility for the error-free usage of the VinoVidi website.

3. Content Expansion (User Reviews)

Reviews from the cooperating partners of VinoVidi are available and published on the VinoVidi website as additional information to the respective wineries and their products. This applies exclusively to reviews from third parties on which VinoVidi and the winery operator have no influence and accordingly do not claim rights. The winery operator does not have the right to demand the deletion of reviews provided that there are no statutory provisions stating otherwise.

4. Domain

The winery operator guarantees that the domain name stated as the winery’s website and the domain name which is linked to its products (if any) do not infringe upon the brand of another company nor are trademarked by a company other than the winery itself. In the event that a case is made against these rights by a third party, the winery operator will not hold VinoVidi liable for indemnification.

There shall be no claims against VinoVidi due to linking. The winery operator is obligated to immediately inform VinoVidi about changes to the given URL under the terms of contract in written form (e-mail will be considered sufficient), so that the entry on the VinoVidi domains always links to the correct winery product URL.

5. Data

The winery operator allows VinoVidi to process the personal data entered under these terms and conditions.

VinoVidi uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help the website analyze how visitors use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in Germany. On behalf of VinoVidi, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore, you can prevent Google’s collection and use of data (including your IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout. Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms or at https://www.google.com/policies/terms/.

If you make use of the possibility to create an account on VinoVidi, we will collect, process and store personal data as a part of the process of setting up an account.

6. Licenses

The winery operator reserves the rights to any content which he uploads and publishes on websites of VinoVidi. The winery operator grants VinoVidi a temporally and spatially unlimited, non-exclusive, transferable, sub-licensable, royalty-free license to use any content which he uploads via the Winery Manager on VinoVidi website. In this context content includes especially, but without limitation, pictures, videos, texts and information.

The right of use expressly includes all known and unknown forms of supply options on VinoVidi website, in particular the possibility of integrating the content within websites on which the winery or the winery operator’s facility is presented freely to the public.

In particular, the winery operator grants the following temporally and regionally unlimited rights:

  • the right of reproduction, public access and distribution, i.e. making the content publicly available, reproducing it unlimitedly and displaying it by means of any technical possibilities, including, in particular, digital integration on websites and social media platforms;
  • the right of making the content available on demand, i.e. saving the content, keeping it available for the public, transmitting it to one or more polling users in all digital electronic databases, electronic data networks and networks of telecommunications services;
  • the right to public representation and communication to the public, i.e. the right to reproduce and display the content for commercial or non-commercial purposes in public by means of recording media, picture carrier, image recordings, multimedia support or other data carriers, in particular magnetic tapes, magnetic tape cassettes, video discs, chips, in all formats, using analog and digital methods and techniques;
  • the right to advertise, i.e. the right to use the content to advertise websites, not only on the internet but in any other media as well, especially on television and in print media.

The right of use also includes a partial use of the content and use in conjunction with other content.

The winery operator warrants that he is the owner of the transferred rights and that he is able to grant the rights to VinoVidi, effective immediately. The winery operator also guarantees that the content uploaded is free of third party rights that may conflict with the rights of use. Furthermore, the winery operator guarantees that no personal rights of third parties are infringed by the use of the content, in particular, that persons appearing in images agree with the contractual use of the content.

7. Liability and Indemnification

Subject to the provisions below VinoVidi’s statutory liability for damages shall be limited as follows:

  1. (a) VinoVidi shall be liable only up to the amount of damages as typically foreseeable at the time of entering into this Agreement in respect of damages caused by a negligent breach of a material contractual obligation;
  2. (b) VinoVidi shall not be liable for damages caused by a negligent breach of a non-material contractual obligation;
  3. (c) VinoVidi shall not have any liability to the winery operator for loss of profits, revenue, data or any consequential or indirect damages unless VinoVidi acted willfully or gross negligently;
  4. (d) The winery operator shall take all reasonable measures to mitigate damages, including in particular, to recover the data and to make back-up copies on a regular basis;
  5. (e) The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the Spanish Product Liability Act), liability for damages caused by assuming a specific guarantee or willful or grossly negligent misconduct, or any kind of willfully or negligently caused personal injuries.

An inspection of the content uploaded by the winery operator, Community or other third parties to the websites of VinoVidi will not be made.

The winery operator is fully responsible for the content of their internet presence on the VinoVidi websites. They are also responsible for the content of the website which is linked on VinoVidi via the URL added by the winery operator to and and/or all of their winery products (if applicable). The winery operator is liable for any violation against legal provisions and/or good morals. After concrete evidence is received, VinoVidi will delete content that violates valid rights and/or good morals, immediately terminate the contractual relationship to the creator of the content and make claims for damages against the owner of this content.

The winery operator agrees not to take actions that generate automated page impressions, are intended to harm and/or interfere with software/hardware in any way and/or contradict laws and good morals in other ways. This includes but is not limited to:

  • The use of viruses or other computer programs that harm software or hardware or can interfere with the use of computers;
  • The use of bots, spiders, scrapers, sockpuppets or other malware;
  • The use of any program that serves the purpose of collecting or using personal data of other users (especially for commercial use);
  • Generating an improperly high amount of page impressions;
  • Other similar acts that are intended to harm or could harm the functionality of the VinoVidi websites.

The winery operator agrees to release VinoVidi from any claims by third parties that arise from the following:

  • A culpable breach of this agreement and/or the terms and conditions of VinoVidi;
  • A culpable breach of valid rights or the rights of third parties;
  • Any improper use of the VinoVidi website.

8. Miscellaneous

Any changes or additions to these conditions or to the contract based on these terms shall only be effective in writing. This also applies to an agreement on the rescindment of the requirement in written form.

If one of the provisions in these terms and conditions are or becomes invalid, the validity of the remaining provisions shall remain unaffected. The parties are obliged to replace the invalid provision with a valid provision which will best achieve the economically desired result. If any provision of these terms and conditions changes, the English translation takes precedence.

VinoVidi may change or amend the contractual provisions when it is communicated to the contractual partner in writing. Amendments are deemed as accepted by the contractual partner if the partner does not object in writing within four weeks of the change or continues to use their account after this period. In such cases, VinoVidi will explicitly communicate such changes to the contractual partner. Sending the objection within the four-week period will be considered on time.

This contract is governed by the laws of Marbella (Málaga), Spain, which is the exclusive place of jurisdiction for all disputes arising from this contractual relationship.

GENERAL TERMS AND CONDITIONS VINOVIDI WINERY MANAGER PREMIUM

Please note that VinoVidi Winery Manager Premium is the fee-based, premium version of the standard VinoVidi Winery Manager platform. When you register on VinoVidi Winery Manager, free of cost, you do not automatically register for a Premium account. This is only possible through a separate registration. The following Terms and Conditions only apply to those with a Premium account.

1. Scope of Application

VinoVidi is owned and operated by Hubspider Mobile Marketing & Support Services SL, Bvd. La Cala 11, 29649 La Cala de Mijas (henceforth “VinoVidi”). VinoVidi operates on its website not only a wine community but also a winery databank in which winery operators can register their wineries.

VinoVidi Winery Manager Premium is designed exclusively for adults, who are winery owners, winery operators and/or employees of a winery entitled to represent it (“winery operators” in the following).

These terms and conditions apply to all services that VinoVidi undertakes for the winery operator in association with registrations in the winery databank within the framework of VinoVidi Winery Manager Premium. The winery operator is informed of changes in the terms and conditions in his account. Subsidiary agreements, changes and amendments require written confirmation by VinoVidi.

2. Subject and Term of Contract - VinoVidi Winery Manager Premium

The subject of the contract is the upgrading of participation in VinoVidi Winery Manager to participation in VinoVidi Winery Manager Premium.

The contractual relationship is brought about by online registration of the winery operator on the page http://www.VinoVidi.com/winerymanagerpremium. To this end, the winery operator must register himself with the data requested in the application form for VinoVidi Winery Manager Premium. Activation of the VinoVidi Winery Manager Premium account occurs on the first day of the following month after registration, unless registered on the first day of the month, in which case it is activated immediately.

VinoVidi Winery Manager Premium offers the winery operator, upon payment of an individually determined fee, the possibility of obtaining expanded listings on the VinoVidi website and premium placement of links and listings.  The content of the expanded listing and the placement of links and listings will be governed by the sales agreement accepted by the vineyard, either online or on paper.  The quantity and type of information contained in paid listings is governed by the signed agreement between the vineyard and VinoVidi. The quantity or type of information displayed on the website may be changed at any time by VinoVidi provided the overall marketing value of the information is not reduced. Details and individual costs can be tailored individually by the winery operator within the framework of the registration process. By sending the registration form, the winery operator makes a binding application for his winery to be admitted into Winery Manager Premium.

With confirmation (by e-mail) of the successful registration in Winery Manager Premium, VinoVidi accepts this application.

The winery operator must check the contents registered for accuracy immediately after activation. Any errors are to be reported and/or corrected straightaway.

The winery operator himself is responsible for the accuracy of the content of his data. The winery operator uploads only information and image material that does not affect the rights of third parties.

Participation in Winery Manager Premium can be based on either an annual or biannual subscription. During the term of the biannual subscription the winery operator may at any time switch from the biannual to the annual subscription by changing the term in their Winery Manager account. During the term of the annual subscription it cannot be switched to the biannual subscription.

The term of the biannual subscription is extended automatically by a further 6 (six) months if the winery operator has not terminated his VinoVidi Winery Manager Premium account 15 days prior to the expiry of the 12th month of his membership. The term of the annual subscription is extended automatically by a further 12 (twelve) months if the winery operator has not terminated his VinoVidi Winery Manager Premium account 15 days prior to the expiry of the 12th month of his membership.

In the event of any automatic extension of participation in Winery Manager Premium, the obligation of the winery operator to make payments remains unaffected.

To terminate his participation, the winery operator must cancel participation in Winery Manager Premium by sending an email request to info@vinovidi.com with “Cancellation” in the subject and following the subsequent procedure.

Following the ending of the contract covering participation in Winery Manager Premium, membership of Winery Manager is not affected. The winery operator can end this in accordance with the General Conditions of Participation in Winery Manager and request deletion of their data by sending a corresponding e-mail to info@vinovidi.com. The winery operator can only request deletion of the data which he has made available. The contents of third parties, in particular those of the members of the VinoVidi Community as well as of the general winery registration are not affected by the deletion.

In the event of considerable changes in the subject of the contract, the winery operator is informed of this information by e-mail and is entitled to undertake an extraordinary termination of the contract upon agreement with VinoVidi. Prices are changed only after the end of the term and the winery operator is informed of these during the term of the contract in question by e-mail. If the winery operator does not react to this notification within 4 weeks and continues to maintain/use the account, his consent is regarded as having been given.

VinoVidi retains the right further to develop, change and update the design, functionality and possibilities of Winery Manager Premium from time to time and to undertake software modifications. VinoVidi will inform the winery operator of these by e-mail. These changes are not considerable changes within the meaning of this paragraph. VinoVidi accepts no responsibility for the error-free use of the web pages of VinoVidi.

3. Assessement by Visitors

As additional information about the winery in question, assessments by the VinoVidi Community users are made available and published on the VinoVidi website. These are expressly assessments by third parties over which VinoVidi and the winery operator have no influence and they have correspondingly not acquired any rights. In particular, the winery operator does not have the right to request the deletion of assessments unless otherwise specified by the statutory regulations.

4. Domain

The winery operator declares that the domain name stated as the winery website and the domain name any or all of their winery products are linked to (if applicable) do not deliberately infringe the trademark of an external company and/or that these domains names are not trademarked by a company other than the winery itself. In the event that third parties make a claim against the company on account of such rights, the winery operator makes a commitment to indemnify VinoVidi.

There can be no claims against VinoVidi on account of the links. The winery operator makes a commitment to inform VinoVidi, immediately and in writing (e-mail is regarded as sufficient), of any changes in the URL stipulated within the framework of the contract so the registration on VinoVidi’s domain can always refer to the correct winery URL.

5. Data

The winery operator permits VinoVidi to process the personal data obtained within the framework of the business relationship.

6. Payment

The individual biannual fee results from the confirmation of registration that the winery operator is sent directly after the registration of his participation in Winery Manager Premium. The fee is due 10 days after receipt of the invoice.

The individual annual fee results from the confirmation of registration that the winery operator is sent directly after the registration of his participation in Winery Manager Premium. The fee is due 10 days after receipt of the invoice.

The fee is to be paid on the due-date by credit card payment or by bank transfer. To this end the winery operator must either enter his credit card and/or bank data in the field provided for this purpose, or directly effectuate a bank transfer to VinoVidi’s bank account.

The (biannual/annual) invoice is sent exclusively to the e-mail address specified by the winery operator in his account. Payment is due 10 days after receipt of the invoice. If payment has still not been made after the due date, the winery operator is in default and VinoVidi retains the right to block the visibility of the winery of the winery operator on its website until payment has been made in full.

VinoVidi does not store or process any credit card data. Credit Card payment is processed exclusively by a so-called payment service provider. Please see the declaration of data protection for details of the collection of payment data.

7. Liability and Indemnification

Subject to the provisions below VinoVidi’s statutory liability for damages shall be limited as follows:

  1. (a) VinoVidi shall be liable only up to the amount of damages as typically foreseeable at the time of entering into this Agreement in respect of damages caused by a negligent breach of a material contractual obligation;
  2. (b) VinoVidi shall not be liable for damages caused by a negligent breach of a non-material contractual obligation;
  3. (c) VinoVidi shall not have any liability to the winery operator for loss of profits, revenue, data or any consequential or indirect damages unless VinoVidi acted willfully or gross negligently;
  4. (d) The winery operator shall take all reasonable measures to mitigate damages, including in particular, to recover the data and to make back-up copies on a regular basis;
  5. (e) The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the Spanish Product Liability Act), liability for damages caused by assuming a specific guarantee or willful or grossly negligent misconduct, or any kind of willfully or negligently caused personal injuries.

There is no monitoring of the contents of the winery operator, the community or other third parties uploaded on VinoVidi’s website.

The winery operator is fully responsible for the contents of his Internet presence on VinoVidi’s website and also on the web pages to which VinoVidi establishes a connection on account of the link(s) inserted by him. The winery operator is liable for any infringement of statutory provisions and/or common decency. Following a precise reference VinoVidi will delete contents without delay that infringe the law in force and/or common decency, terminate immediately the contractual relationship with the creator of the contents and, in particular, enforce claims for damages against the creator of these contents.

The winery operator makes a commitment not to carry out any actions that automatically generate page visits that in any way harm and impair the software/hardware and/or run counter in any other way to laws and common decency. These include in particular but not exclusively;

  • The use of viruses or other computer programs that harm software or hardware or can adversely affect the use of computers
  • The use of robots, spiders, scrapers, sockpuppets or similar malware
  • The use of any programs for the purpose of collecting or using personal data from other users (in particular for business purposes)
  • To generate an inappropriately high number of page visits
  • Other similar actions which are intended to damage and/or might damage the functionality of the VinoVidi website.
  • The winery operator makes a commitment to indemnify VinoVidi from any claims of third parties that ensue, in particular, from the following:
    • Any culpable infringement of this agreement and/or the terms and conditions of VinoVidi GmbH
    • Any culpable infringement of the law in force or of the rights of third parties
    • Any misuse of the VinoVidi website.

8. Miscellaneous

All changes to or amendments of these conditions or of the contract on which these conditions are based, require the written form in order to become effective. This also applies to any agreement to suspend the requirement of the written form.

If one of the provisions of this agreement is or becomes ineffective, the effectiveness of the remaining provisions is not affected as a consequence. The parties are bound to replace the ineffective provision withy such an effective provision, with which the financially desired result is best achieved.

VinoVidi can change or amend the conditions of the contract provided that the party to the contract is informed in writing. Changes are regarded as being recognized by the party to the contract if said party makes no objection to the change in writing within four weeks from the receipt of the notification or continues to use their account after the expiry of this period. VinoVidi will draw the express attention of the party to the contract to this consequence in such a notification. The dispatch of the objection within the four-week period is regarded as being within the period of notice.

This contract is subject to the law of Marbella (Málaga), Spain. The exclusive place-of-jurisdiction for all legal disputes arising from this contractual relationship is Marbella.

TERMS AND CONDITIONS VINOVIDI E-SHOP AND TASTING RESERVATION SYSTEM

1. Nature of agreement

Through this agreement, VinoVidi (Mobile Marketing & Support Services SL, Bvd. La Cala, Ed. C Office 11, 29649 La Cala de Mijas, with fiscal identity number B93280287,) sells to the customer (any person or entity with whom VinoVidi signs any contract of sale from their catalogue, a person that has to be of legal age) and this customer buys from VinoVidi the product specified in the invoice. The term "Agreement" refers to the sales operation that is governed by this document. The term “product” means the goods that are the subject of the contract (wine bottles and/or reservations for wine tasting and tours).

By using our Web site, you agree to be bound by these Terms of Service, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site, and all of these, as they may be amended over time, we may refer to collectively as your “Agreement” with us. By accepting these terms of trade, you confirm that you are of legal age to purchase alcohol according to the law in your country of residence.

We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Website following the effective date contained in the notification or the posting of such changes on our Website will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement.

2. Availability and prices

The data appearing in our database correspond to products that have been entered into our catalogue. Said products are offered by our partner Wineries, and it is not possible to offer a complete guarantee of availability from stock at the time of purchase. In the event that a particular product is not available, the customer will be informed immediately and be offered an alternative product of similar characteristics. In case the customer is not interested in acquiring this alternative product, the customer will be refund for the total amount of the purchase cost.

3. Shipping

Wine products are directly delivered from the Winery owning and storing said products. The customer will be able to calculate the shipping cost prior to effectuating the purchase, and this shipping cost will be added to the total price.

4. Payment

In relation to delivery, payment will be made in one of the forms below, to be chosen by the buyer: bank transfer, online credit card payment or payment via Paypal.

VinoVidi will send the relevant invoice to the client digitally via email and at the time of delivery. Credit card charges will be made at the time of purchase.

The cardholder is responsible for transactions on the website. Credit card details are entered on a secure page and transferred SSL. No VinoVidi employee or external third party has access to the cardholder's confidential data. For obtaining more information about security and confidentiality, please refer to VinoVidi Privacy Policy

For winery partners, any monthly fee agreed upon in the contract (such as the Xpress service monthly fee) needs to be paid upfront at the time of the signature.

5. Cancellations and refunds

Orders can be cancelled without charge until the time that the shipment is made. Notice of cancellation received once the package has already been sent will be considered as a return. Returns may be made up to 14 days after receiving the product. Shipping charges are paid by the customer. The cost of the purchase will not be refunded, but may be used in another purchase. 

Those returns resulting from an error by VinoVidi or the partner Winery or product defects are excluded from this case. In this case, VinoVidi will replace the defective product with one that is the same and cover the cost of return postage and shipping. If it is not possible to replace the product, we will refund the amount paid. To return products please contact us by email at info@vinovidi.com.

6. Security and confidentiality

For complete information about our privacy policy and the security and confidentiality of your data, please refer to VinoVidi Privacy Policy