These terms and conditions govern your use of the Winery Philippines Website, herein referred to as the “site”. Please read these terms and conditions in full. Using the “site”, in any form, whether purchasing merchandising, viewing the site, managing your account, contacting the site, subscribing to our email newsletter, implies that you accept the terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the “site” in any way. We may amend these terms and conditions at any time by publishing a new version on this website.
USE OF WEBSITE
The copyright and other intellectual property rights in all material on the “site” are owned by Jateng Urbano Philippines Inc. or our licensors and must not be reproduced without our prior consent.
You are permitted to use our website for your own purposes and to print and download material from the “site” provided that you do not modify any content without our consent. Such use is subject to the restrictions below. You must not:
(a) republish material from the “site”(including republication on another website);
(b) sell, rent, or otherwise sublicense material from the “site”;
(c) show any material from the “site” in public;
(d) reproduce, duplicate, copy or otherwise exploit material on the “site” for a commercial purpose;
(e) edit or otherwise modify any material on the “site”; or
(f) redistribute material from the “site”, except for content specifically and expressly made Winery Available for redistribution
DESCRIPTION OF SERVICES
WINERY PHILIPPINES provides members with access to boutique wine, wine subscription programs and marketing material for wine tasting and education events (“The Service”). WINERY PHILIPPINES also provides regular editorial content through subscribing to our newsletter or through the website. You become a member by filling out a registration form on our site. Joining the “site” as a member automatically subscribes you to our newsletter and other email updates on future sales, unless you otherwise specify by clicking on the unsubscribe link contained in every email sent to you.
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by the “site” for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Winery Philippines account to another party. If you do not qualify, you may not use the “site” Service or the Site.
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic Philippines or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The “site” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The “site” has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Using the service implies that you are responsible for ensuring the confidentiality of your account user name and password, and for restricting access to your computer. You agree to notify the “site” immediately of any unauthorized use of your account or any other breach of security. The “site” reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Returns received in damaged condition or where the majority of the contents have been consumed, are non-refundable. You must not use the “site” in any way that causes, or may cause, damage to the website or impairment of the Winery Philippines availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the “site” to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use the “site” to transmit or send unsolicited commercial communications.
You must not use the “site” for any purposes related to marketing without our express written consent.
We take all reasonable steps to ensure that the information on the “site” is correct. However, we do not warrant nor guarantee the correctness, completeness, and accuracy of material on this website.
We take all reasonable steps to ensure that the “site” is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if the “site” is unavailable at any time.
Products and services of Winery Philippines available on the “site” are provided to members on an “as is” basis without warranty of any kind either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In addition, the “site” and any of its executives and officers do not endorse and is not responsible for the accuracy of any opinion or statement through the site or any content provided on linked sites, or the capabilities or reliability or quality of any product or service obtained for a linked site.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JATENG URBANO PHILIPPINES INC., THE “SITE”, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You agree to indemnify and hold JATENG URBANO PHILIPPINES INC. (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Services, or your violation of any law or the rights of a third party.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in this disclaimer will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature including, but not limited to:
(a) losses arising out of any event or events beyond our reasonable control;
(b) losses in business including, but not limited to, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
(c) loss or corruption of any data, database or software;
(d) and any special, indirect or consequential loss or damage.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
EXCLUSION OF THIRD PARTY RIGHTS
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
This disclaimer shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of the Republic of the Philippines.