Legal Notice World Wine Centre Platform Use
1. Acceptance and World Wine Centre's Objective
1. WWC is committed to supplying its members with a business to business e-commerce platform; the platform was designed to enhance business exchanges between professional buyers and purchasers of wine, oil, alcoholic beverages, accessories and machinery in the wine industry.
2. Through this platform, WWC offers the following services:
i) collection of member information on the site
ii) ability to access the catalogue of products and services that the members offer;
iii) ability to exchange information online;
iv) ability to make offers online and/or respond to business requests in real time for products and services connected to wine, beer, oil and alcoholic beverages, machinery and accessories in the wine industry.
3. WWC's web services can be accessed at: http://www.wordwinecenter.com (hereafter referred to as "Website").
4. This agreement is aimed at subscribing Members and establishes the terms and conditions of use for the Website (hereafter referred to as "Agreement").
Before being able to make offers and/respond on the Website, the terms and conditions of the Agreement and the "WWC Membership" table (hereafter referred to as "WWC Membership") is proposed to the Member.
Once subscribed to the Website, those conditions are considered as having been accepted by the Member who then has the legal obligation to respect them in order to be able to benefit from continuous access to the Website and the Services resulting from membership. The membership chosen will undergo no modifications for its entire duration. Any changes in services or costs, related to the "WWC Membership" table are visible on the website www.worldwinecentre.com in the section "Membership".
5. After 30 days advance notice, the WWC can modify the terms and conditions of the Agreement regarding use conditions, safety standards, privacy protection regarding Member information, the " Membership" section, or for a change in accordance with the law.
2. MEMBERSHIP CONDITIONS
1. Access to the WWC Website and the Services offered to organisations, companies and other commercial entities that operate in the following industries: wine, oil, alcoholic beverages, accessories and machinery in the wine industry (hereafter referred to as "Members").
2. Each Member must have his own username, ID and password.
3. WWC RESPONSABILITY
1. Besides its Services, WWC is committed to ensuring the continuous operation of the Website in order to make it accessible to the Members at any time, providing for the maintenance and updating of the technical and functional infrastructure. WWC is further committed to developing and managing the Website in order to guarantee security and protect the privacy of the Members' information, adopting the usual security measures in the industry, with no limitations, such as the requirement to use authentication, systematic password use and the installation of a firewall.
2. WWC has adopted control mechanisms and emergency plans to make sure that use of the Website is not interrupted for more than 24 hours.
4. LIMITATION OF LIA BILITY
1. WWC limits itself to assisting Members in performing various business operations between themselves; WWC does not get directly involved in negotiations between the various Members.
2. Consequently, WWC offers no guarantee or representation regarding the following:
i) prices, contract terms, quality, safety, compliance and legality of the products that are offered for sale;
ii) the ability of the Members to sell or purchase the products;
iii) the conclusion and creation of sales;
iv) payment or compilation of offers presented and auctions offered on the Website;
v) quality control, compatibility, safety and legality of the products offered on the Website as well as the truth or accuracy of the elements offered on the Website.
The Members hereby release WWC from any responsibility and agree to exclude it from any claim, demand and damages of any type.
This Agreement is not intended to exonerate WWC from compensation for damages that Members could be subjected to due to negligence on the part of WWC and its dependents deriving from the failure to fulfil their obligations regarding information confidentiality.
3. The Website can contain hyperlinks to third party websites. WWC does not endorse or check the information offered on these websites and offers no guarantee nor representation regarding their content or the accuracy of information contained therein.
5. MEMBER ACCOUNTS, PASSWORDS AND SECURITY
1. Access to the Website and its use is done through the combined use of a user name and password and every subscriber/member is responsible for protecting its secrecy.
2. WWC can periodically request that Members change their username and password or adopt other measures to ensure Website security.
3. Each Member is entirely responsible for all operations performed with his/her individual user name and password and every Member is entirely responsible for operations performed under his/her account.
4. Members are required to immediately inform WWC of unauthorized use of the Website (including illegal use of a user name or password on the part of employees, agents or representatives of the Member who are not authorized) or of any other attack on the security of the Website. Unauthorized access to the Website, communications or computer facilities is a violation of this Agreement.
6. USAGE AND MEMBER CONDUCT POLICY
1. Members must use the Website solely for the purposes provided for in this Agreement and in compliance with its terms.
2. Consequently, the Members agree to:
i) respect all current laws and regulations, including laws regarding the sale and distribution of alcoholic and non-alcoholic beverages;
ii) not use someone else's identity or supply false information or falsify affiliation to a person, organisation or other entity;
iii) not use the Website to collect personal information, including and without limitation, financial information about other Members or about the Website;
iv) not send, promote or transmit through the Website material of any type or kind that could be illegal, illicit, slanderous, insulting, dangerous, offensive, vulgar, obscene, discriminatory, racist or objectionable material of any other type;
v) not transmit or send material that encourages behaviour that could constitute a criminal offense, compromise civil liability or violate the law in any manner;
vi) not interfere with the use or enjoyment of the Website on the part of the other Members, not participate in any type of survey, protest or chain letter, nor send or distribute large amounts of email or advertising messages that were not explicitly requested;
vii) not load or distribute in any manner files that could contain viruses, corrupt or altered files, software or similar programmes that could damage the operation of the Website or other Members' computers.
viii) not interfere with the operation of the networks connected to the Website and not damage them; not undertake actions that impose an unreasonable or disproportionate load on the infrastructure of the Website; not divulge their user passwords for unauthorized purposes.
3. The Members hereby release WWC from any responsibility and agree to exclude it from any claims, demands and damages of any type.
4. WWC can require Members to modify their content on the Website in order to make said content more in compliance with the terms and conditions established herein. Refusal on the part of the Member to comply with this request can lead to cancellation of this Agreement.
5. Members must immediately notify WWC of any security violation or unauthorised use of their user account. Members may not sell, lease or provide loans for the WWC Website and Software without the express written consent of WWC.
6. Members are aware that a quick response to requests and orders is fundamental for the quality and efficiency of the Services.
7. Members are committed to quickly responding to requests (price requests, price and shipping requests, purchase orders, shipping orders, product information) received through the appropriate sections of the Website, in any case, no later than fifteen (15) days from receipt. Failure to comply with this time limit can lead to the request being withdrawn from the Website.
7. INTELLECTUAL PROPERTY
1. Rights, property rights, as well as intellectual property rights for any part of the content posted on the Website or material contained within, is made available to WWC, from Members or third parties, are the property, respectively, of Iron 3 Snc di Lisi Andrea & C., creator and owner of the website www.worldwinecentre.com and the trademark WWC, Members or third parties. WWC, however, possesses all intellectual property rights for the contents of the Website, as well as the Website and software made available by the WWC (subject to any third party rights on said software). These contents are protected by the laws and international treaties on intellectual property. Copying, modification, distribution and redistribution, use or publication of the contents of the Website or part of it is strictly prohibited.
2. Consultation or downloading of any element of the content gives the Members the limited, non-exclusive and non-transferable right to use the content solely for the purposes provided herein and not for the purposes of replication, distribution, assignment, sub-license, sale, creation of derivative works or any other use. No content or part of it can be reproduced in any form or incorporated in electronic or mechanical information recovery systems for sale or distribution outside of the uses authorised and specified in this paragraph. Members can duplicate Website contents or part of it on another server only with written authorisation by the WWC.
3. Members hereby release the WWC from any responsibility and agree to exclude it from any claim, demand or damages of any type (including legal and non-legal expenses, for lawyers and experts) due to the violation or usurpation of the intellectual property rights to the products or services offered by the Members.
8. INDEMNITY
1. Members agree to indemnify the WWC for any claim or demand made by third parties as a result of or deriving from use of the WWC Website or Software on the part of the Members, violation of the Agreement on the part of the Members or infringement of the WWC Website or Software on the part of the Members or any other person using the computer of one of the Members.
9. NON-TRANSFERABILITY
1. The Member's right to use the Website is absolutely non-assignable and non-transferable.
10. TOTAL AND LIMITED LIABILITY OF THE PARTIES
1. Under no circumstances shall WWC or the Member be held responsible or be required to indemnify the other party for indirect, incidental, special, exemplary or punitive damages.
2. Subject to the law applicable in some countries, the total cumulative liability of WWC or the Member resulting from this Agreement shall not under any circumstances exceed the entirety of the amounts paid by said Member for the use of the Site under this Agreement.
11. SYSTEM PERFORMANCE
1. WWC reserves the right to establish the conditions regarding use and to limit the amount of memory or other data storage device (archiving) that the Members can use on the Website. WWC undertakes to use systems that are able to meet the needs of the Members so that they can take full advantage of the functionality of the Website and carry out any transaction without limitation. WWC assumes no liability for the deletion of any data from the Website or the failure to save or store any data or other materials of the Member, if the Member does not abide by the limits that have been imposed regarding the amount of memory made available to him/her by WWC.
12. DURATION OF THE AGREEMENT
1. The Agreement and chosen subscription will become effective the moment it is accepted by the Member and is terminated the same day of every year at 23:59. !!specify the hour
2. WWC shall send a renewal invoice to the Member each year during the last month of the service and it shall be paid within 10 days of the subsequent month, failing which it will not be renewed and WWC may refuse access to the site by the Member. If for any reason the Member continues to access the Website despite having not renewed the Agreement, he/she shall be fully responsible for the activities and transactions performed or conducted in his/her name; in such event, the Member shall pay the Usage Fees related to said activities or transactions.
13. NOTICES
1. All notices to be communicated to the parties shall be done in writing and sent via email to info@wordwinecenter.com for notices address to WWC; or to the email address that the Member supplied WWC upon registration, for notices addressed to him/her; or to other addresses, if specified by one or the other party. After 48 hours, the notices are considered to have been received, unless the sender receives an error message that indicates a problem with the address. In other cases, notices are sent by regular mail to the WWC address below or to the address supplied by the Member upon registration. WWC can also send notices or messages on the Website. In that case, they are considered to be notices reserved for the Member.
14. GOVERNING LAW
1. This Agreement is in compliance with Italian Law and only courts having jurisdiction in the judicial district of Arezzo shall have jurisdiction to decide any litigation or dispute resulting from this Agreement.
15. CONFIDENTIALITY
1. WWC undertakes to not disclose to anyone (including present or future WWC shareholders) the contents, information and data concerning the transactions of WWC members or related to companies or business of one of its Members, without prior consent from the Member involved.
2. WWC undertakes to adopt the usual necessary measures in the industry to protect access to confidential Member information. WWC undertakes to obtain authorisation before disclosing any confidential information belonging to the Member except when:
i) the information is disclosed to the public without any breach of confidentiality agreements;
ii) the information must, according to law, be sent to a person who is authorised to receive it;
iii) the information is required pursuant to the regulations relating to a securities commission, and in general, pursuant to any legislation applicable to publicly listed companies,
iv) the information is required for the purposes of legal action against either party before a tribunal or any government authority with investigative powers;
v) the information is required by the agents, delegates, subcontractors, consultants, insurers, bankers or legal advisors of one of the parties, on condition however that such disclosure is limited to the information that is strictly necessary for the exercising of their functions;
vi) the information is obtained from a third party, without a violation of confidentiality;
vii) the information is already known to the party receiving it.
