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VinOnly.com and its sub-domains (hereinafter collectively referred to as the "Sites") are powered by VinOnly Limited (the "Company", "VinOnly", "We" or "Us"). By using the Sites, you agree to the terms and conditions set forth below (the "Terms of Use"). These Terms of Use govern your use of the Sites, both as a casual visitor and (if applicable) as a registered user. BY USING THE SITES, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolving any dispute that you may have with Us in connection with the Sites and/or Services, under the laws of Hong Kong.

1. GENERAL

Everything We offer on the Sites is referred to in these Terms of Use collectively as the "Services". You will be able to access part of the Sites without having to register any details with Us. However, particular areas of the Sites will be accessible only if you have registered as a member in accordance with Paragraph 2 below.

2. REGISTRATION

As part of the registration process, you will be required to provide an e-mail address and create a password (collectively "Credentials"). These are your Credentials for accessing the Services that are only available to members. You are responsible for the security of your Credentials and will be solely liable for any use or unauthorized use of them. Please notify us immediately (via email to info@VinOnly.com) if any of your Credentials has been hacked or stolen.

You will also be required to provide specific information, including without limitation, name, address, phone number and other contact details. All information that you provided must be truthful, and you may not use any aliases or other means to mask your true identity. Please inform us immediately (via email to info@VinOnly.com) of any changes to the information that you provided so that we can communicate with you effectively.

To understand how we use information collected from you, please read our Privacy Policy.

3. SITE ACCESS

It is illegal to sell alcohol to people under the age of 18. By using the Services, you confirm that you are 18 years old or above and would ensure that a person aged 18 or above will be present to take delivery or delivery shall be withdrawn and attempted at another time agreed.

The Services are solely available for residents of the Hong Kong Special Administrative Region ("Hong Kong"). We make no representation that the Services are available for use outside of Hong Kong. If you choose to access the Sites/Services outside of Hong Kong, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

4. SELECTION OF WINE

Our tasting panelists, comprised of Asia's most distinguished sommeliers, are responsible for selecting the wines to be delivered to you each month. The wines are selected through blind tasting to ensure that wines are selected without the influence of brand, region or vintage.

By subscribing to the Services, you accept and agree to waive your right to reject, the wines delivered to you each month, save and except for any flawed or damaged wine. You will find more information on the wines on our "Summary" page.

5. TERMS OF PAYMENT

We use services of PayDollar, which processes the payment transactions. It is a leading, secure and reliable international payment service provider to banks and online merchants since 2000. Customers' payment details are securely transmitted to the acquiring bank, card and payment companies for real-time transaction authorisation using 256-bit Extended Validation Certificates (EV) SSL transaction encryption. PayDollar supports CVV/CVC check as well as 3-D secure authentication of Visa and MasterCard namely: Verified By VISA, MasterCard SecureCode for added security protection for both customers and merchant.

6. TERMS OF DELIVERY

We will deliver the wines to the address registered on your account (and no other address will be taken into account) at around the 20th will do everything possible to deliver as close as possible from the 20th week of tolerance.

All missing deliveries will not be treated in case the wines has been delivered at the correct address by Us or our third party vendor. The delivery proof will be the only required proof. Product theft after its delivery is not taken into account. In the event that shipping information is outdated or incorrectly provided by you, we shall not be responsible for re-delivery and the costs incurred in connection thereof.

While our delivery service covers the entire Hong Kong Island, Kowloon Peninsula, most of the New Territories and Discovery Bay, there are certain parts of Hong Kong (for example, some outlying islands) that are outside our delivery coverage. For more information, please refer to https://hk.ta-q-bin.com/chi/files/service_area_list.pdf.

7. BREAKAGE

You are required to examine the wines delivered immediately upon delivery for any deficiencies and/or damages.

If any of your wines are flawed (for example, corked) or damaged during shipping (for example, leakage) not due to negligence in receipt, please notify us immediately at info@VinOnly.com for replacement or refund; otherwise we shall have the discretion to refuse your claim after delivery. Please also include in your email to us specific information about the damaged/flawed wine, including the name of the wines, its vintage and evidence and description of alleged damage/flaw.

Please note that before providing a refund for a damaged/flawed wine, we must first verify its condition. We regret that we do not refund original shipping and handling fees with the return. We can only refund the total value of the damaged/flawed wine at its retail price constituting part of that month's subscription package. Refund will be issued within 4-6 weeks to the same account holder and in the same form of payment originally used for purchase.

8. MONTHLY SUBSCRIPTION

By purchasing a month-to-month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Delivery fee is already included in the subscription price. Your subscription will be automatically extended for successive monthly periods by processing the recurring monthly at the then-current subscription rate on the 1st of each month ("Recurring Payment Date"). We may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization. Such notice will not affect charges submitted before We reasonably could act.

9. CANCELLATION POLICY

You will be able to cancel your subscriptions at any time by clicking on "Cancel Subscription" on your "My Account" (https://www.vinonly.com/user/) page. Cancellation of the subscription service will be confirmed on your "My Account" page. No further indication or notice will be given after that.

Kindly note that cancellation of a month's subscription must be made before the Recurring Payment Date of that month; cancellation made in that month after the corresponding Recurring Payment Date will only terminate the subscription service from the next month onwards.

10. EDITORIAL CONTROL

We make the Sites available as a service to consumers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have non-user-posted information reviewed by the Sites' editorial personnel.

It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other parties who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.

11. YOUR RESPONSIBILITIES

You are responsible for all use of the Sites and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Sites and the Services for lawful, non-commercial purposes only. You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • copy, modify, adapt, translate, or reverse engineer any portion of the Sites, its content or materials and/or the Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Sites and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Sites and/or the Services;
  • reformat or frame any portion of the web pages that are part of the Sites and/or the Services;
  • create user accounts by automated means or under false or fraudulent pretenses; or
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

12. CHANGES TO THESE TERMS OF USE

We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Sites and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Sites.

13. CHANGES TO THE SERVICES

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that VinOnly will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

14. LINKS TO OTHER SITES

The Sites may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse or make representation about these sites or the products and services they provide therein. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

15. ADDITIONAL TERMS

Certain Services on the Sites may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with the relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

16. NO SPAM

You may not use any contact information obtained through the Sites by any means whatsoever, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Sites immediately and take other legal action if you or anyone using your Credentials violates these provisions.

17. CONTENT YOU POST OR SUBMIT

By submitting or posting any materials, you grant VinOnly a perpetual, irrevocable, non-terminable, world-wide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that all materials you provide do not include anything to which you do not have the full right to grant VinOnly the license specified above. You further represent, warrant and covenant that all materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. VinOnly will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you or any third party.

18. YOUR USE OF CONTENT

Except for the content that you or any other visitors to the Sites submit, all of the Information available on or through the Services and/or the Sites, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain VinOnly's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Sites in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, VinOnly and its suppliers do not grant you any express or implied rights, and all rights in the Sites and the Services not expressly granted by VinOnly to you are retained by VinOnly.

19. DISCLAIMER OF WARRANTIES

WE PROVIDE THE SITES AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITES AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITES AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, VINONLY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. VINONLY DOES NOT WARRANT THAT THE SITES OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

20. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) HK$1,000. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITES AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

21. TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Sites by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. VinOnly shall not be liable to you or any third party for any termination of your access to the Sites and/or the Services. Further, you agree not to attempt to use the Sites and/or the Services after any such deletion, deactivation or termination. Sections 17, 19, 20, 21, 22, 23 and 25 through 27 shall survive any termination or expiration of these Terms of Use.

22. INDEMNIFICATION

Upon a request by Us, you agree to defend, indemnify, and hold harmless Us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Sites, (b) your use of the Services, and/or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

23. ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of using this Sites and/or registering for the Sites or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

24. COPYRIGHT DISPUTE POLICY

VinOnly has adopted the following general policy toward copyright infringement in accordance with the Hong Kong's Amended Copyright Law (posted at http://www.ipd.gov.hk/eng/intellectual_property/copyright/booklet_piracy_in_business_e.pdf)

VinOnly Policy.

It is VinOnly's policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements.

If you believe that material or content residing on or accessible through the Sites or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that VinOnly is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification.

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is VinOnly's policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider, member or user that it has removed or disabled access to the material; and
  • that for repeat offenders, VinOnly will also terminate such content provider's, member's or user's access to the service.

Procedure to Supply a Counter-Notice to the Designated Agent.

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the laws of Hong Kong.

Removal.

If a counter-notice is received by the Designated Agent, VinOnly may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at VinOnly's discretion.

Address for Designated Agent.

Please contact VinOnly's Designated Agent at the following address:

Copyright Agent
Suite 906, 9th Floor, Westlands Centre
No. 20 Westlands Road
Quarry Bay
Hong Kong
Fax: (852) 2868 0262
E-mail: info@VinOnly.com

25. ENTIRE AGREEMENT

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Sites, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of VinOnly to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

26. CHOICE OF LAW AND DISPUTE RESOLUTION

This agreement and any dispute or matter arising from or incidental to your use of the Sites or Services shall be governed by and construed in accordance with the laws of Hong Kong, and both you and the Company irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

27. ASSIGNMENT

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Sites regarding any change of ownership so that you have the opportunity to discontinue your use of the Sites and the Services or cancel your registration if you do not wish to continue to use the Sites and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.

28. FORCE MAJEURE

We shall not be liable for any delay or failure in our performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.

LAST UPDATED ON JUNE 2, 2014.

Copyright © 2014 VinOnly Limited. All Rights Reserved.