TERMS OF USE
Last Updated: November 2, 2020
Welcome to the Vino Voyage Inc, located at vinovoyage.com.
Use of vinovoyage.com (this “website”) and its related services and application
(this website, the application and related services collectively being, the
“Services”), regardless of whether accessed through a computer, mobile device
or otherwise, signifies your agreement to these terms of use. The
Services are owned and provided by Vino Voyage, Inc. (“Company,” “we” or “us).
IF YOU DO NOT AGREE TO THESE TERMS OF USE,
PLEASE DO NOT USE THE SERVICES AND EXIT THE WEBSITE IMMEDIATELY. WE RESERVE THE
RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT
NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF
CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE
YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.
Please provide the following notice:
We may give notice to our users of any infringement
notice by means of a general notice on any of our websites, electronic mail to
a user’s email address in our records, or by written communication sent by
first-class mail to a user’s physical address in our records. If you receive
such an infringement notice, you may provide counter-notification in writing to
the designated agent that includes the information below. To be effective, the
counter-notification must be a written communication that includes the
following:
Winery or Wine Tasting Room Listings: If you
wish to list a Winery or Wine Tasting Room as a Winery or Wine Tasting Room
Owner or authorized agent, you may create a listing of that Winery or Wine
Tasting Room by answering a variety of questions about it, including, but not
limited to, the location, capacity, size, features, and availability of the Winery
or Wine Tasting Room and wine flight pricing and related rules and financial
terms and providing the Winery or Wine Tasting Room Rules and pricing
(“Listing”). Listings are made publicly available. Winery or Wine Tasting
Room Owner acknowledges and agrees that it is responsible for any and all
Listings it posts. We reserve the right, at any time and without prior notice,
to remove or disable access to any Listing for any reason.
The Winery or Wine Tasting Room Owner may set
its own schedule of availability for its Winery or Wine Tasting Room. When you
create a Listing, you may also choose to include certain requirements which
must be met by the Sipper.
Please note that we do not currently charge
fees for the creation of Listings. However, you as a Winery or Wine Tasting
Room Owner acknowledge and agree that we reserve the right, in its sole
discretion, to charge you for and collect fees from you for the creation of
Listings. Please note that we will provide notice of any Listing fee collection
via the Winery or Wine Tasting Room Services, prior to implementing such a
Listing fee feature.
Compliance with Drinking Laws. WINERY
OR WINE TASTING ROOM OWNERS OR AGENTS SHOULD UNDERSTAND HOW THE LAWS WORK IN
THE JURISDICTION OF YOUR WINERY OR WINE TASTING ROOM. WINERY OR WINE TASTING
ROOM OWNER OR AGENT IS SOLELY RESPONSIBLE FOR ALL SUCH COMPLIANCE. Winery or Wine
Tasting Room Owner or agent represents and warrants that any Listing it posts (and
use) of a winery or wine tasting room: (i) will not breach any agreements you
have entered into with any third parties, such as lease or rental agreements,
and (ii) will (a) be in compliance with all applicable laws, tax requirements,
and rules and regulations that may apply to any winery or wine tasting room
(including having all required permits, licenses and registrations), and (b)
not conflict with the rights of third parties. Please note that we assume
no responsibility for any compliance with any agreements with or duties to
third parties, applicable laws, rules and regulations. PLEASE REVIEW LOCAL LAWS
BEFORE LISTING A WINERY OR WINE TASTING ROOM. Winery or Wine Tasting room Owner
or agent is responsible for your own acts and omissions and are also
responsible for the acts and omissions of any individuals who reside at or are
otherwise present at the Winery or Wine Tasting room at your request or
invitation, excluding the Sipper. We reserve the right, at any time and without
prior notice, to remove or disable access to any Listing for any reason,
including Listings that we, in our sole discretion, consider to be
objectionable for any reason, in violation of these Winery or Wine Tasting room
Terms, the Terms of Use or otherwise harmful to the Services.
No Endorsement. We do not endorse any Winery
or Wine Tasting room or Winery or Wine Tasting room Owner or Agent. Winery
or Wine Tasting room Owners and Sippers are required to provide accurate
information, and although we may undertake additional checks and processes
designed to help verify or check the identities or backgrounds of Winery or
Wine Tasting room Owners and/or Sippers, we do not make any representations
about, confirm, or endorse any such Winery or Wine Tasting room Owner and/or Sipper
or their purported identity or background.
Any references in the Winery or Wine Tasting
room Services to a Sipper being “verified” or “connected” (or similar language)
only indicate that the applicable Winery or Wine Tasting room, Winery or Wine
Tasting room Owner or Winery or Wine Tasting room Sipper has completed a
relevant verification process, and does not represent anything else. We
therefore recommend that you always exercise due diligence and care when
deciding whether to stay with a Winery or Wine Tasting room Owner or to accept
a reservation request from a Winery or Wine Tasting room Sipper. We are not
responsible for any damage or harm resulting from your interactions resulting
from Winery or Wine Tasting room Reservations.
By using the Winery or Wine Tasting room Services,
you agree that any legal remedy or liability that you seek to obtain for
actions or omissions of third parties will be limited to a claim against the
particular third parties who caused you harm. You agree not to attempt to
impose liability on or seek any legal remedy from us with respect to such
actions or omissions. This limitation will not apply to any claim by a Winery
or Wine Tasting room Owner against us regarding the remittance of payments
received from a Winery or Wine Tasting room Sipper by us on behalf of a Winery
or Wine Tasting room Owner.
Winery or Wine Tasting room Rules. In
addition, separate terms and conditions may apply to Winery or Wine Tasting
rooms, including policies that are set by the applicable entity that owns or
manages such Winery or Wine Tasting room (“Winery or Wine Tasting room
Rules”). These Winery or Wine Tasting room Rules may be set forth on the Winery
or Wine Tasting room, on a listing, or otherwise communicated to you via a
confirmation email. As a Sipper, you will comply with all Winery or Wine
Tasting room Rules, and applicable laws, rules, regulations, and local
ordinances. Use of any Winery or Wine Tasting room will be subject to:
(i) availability of the Winery or Wine Tasting room and (ii) compliance with
the terms and conditions and/or Winery or Wine Tasting room Rules. Unless
otherwise agreed in writing, settlement of all fees and charges incurred in using
the Winery or Wine Tasting room is to be made by you prior to your use and shall
not be considered guaranteed until written confirmation has been provided to
you by the Winery or Wine Tasting Room. You understand that a violation of Winery
or Wine Tasting room Rules may result in your being denied access, or in your
forfeiting any monies paid for reservation(s).
Bookings and Financial Terms for Winery or
Wine Tasting room Sippers. Winery or Wine Tasting room Owners, not us, are
solely responsible for honoring any confirmed reservations and making available
any Winery or Wine Tasting rooms reserved. If you, as a Sipper, choose to enter
into a transaction with a Winery or Wine Tasting room Owner for the reservation
of a Winery or Wine Tasting room, you agree and understand that you will be
required to enter into an agreement with the Winery or Wine Tasting room Owner,
exclusively and directly. You further acknowledge that such agreement may
impose certain additional terms, conditions, rules and restrictions associated
with such Winery or Wine Tasting room which are imposed by the Winery or Wine
Tasting room Owner. You acknowledge and agree that you will be responsible for
performing the obligations of any such agreements, that we are not a party to
such agreements, and that, with the exception of its payment obligations
hereunder, we disclaim all liability arising from or related to any such
agreements.
Service Fees. In consideration for a listing
on Vino we charge the Service Fees. Taxes may also be charged on the Service
Fees.
Acknowledgement of Risks. YOU
ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATION IN ALCOHOLIC
CONSUMPTION AND ACTIVITIES AVAILABLE TO YOU AT WINERY OR WINE TASTING ROOMS.
THESE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO: UNEVEN, LOOSE AND/OR SLIPPERY
TERRAIN; UNMARKED NATURAL AND MANMADE HAZARDS; DROWNING; STEEP GRADES;
DANGEROUS AND RAPIDLY CHANGING WEATHER CONDITIONS (E.G., LIGHTNING, HIGH WINDS,
EXTREME HEAT AND COLD, HEAVY RAIN AND FLASH FLOODS); FOREST OR VINEYARD FIRES;
DELAYED EMERGENCY MEDICAL RESPONSE; DANGERS ARISING FROM THE USE OF WINERY OR
WINE TASTING ROOM EQUIPMENT; WILDLIFE (E.G., SNAKES, BEARS, RACCOONS, COYOTES,
TICKS AND BEES); AND CONTACT WITH AND/OR CONSUMPTION OF ANIMAL PRODUCTS,
VEGETATION, WATER AND OTHER SUBSTANCES FOUND ON AND AROUND THE WINERY OR WINE
TASTING ROOM.
Reporting Misconduct. If you stay with or host
anyone who you feel is acting or has acted inappropriately, including but not
limited to anyone who (i) engages in offensive, violent or sexually
inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages
in any other disturbing conduct, you should immediately report such person to
the appropriate authorities and then to us by contacting us with your police
station and report number; provided that your report will not obligate us to
take any action beyond that required by law (if any) or cause us to incur any
liability to you.
Promotions. From time to time, we may elect to
run or otherwise make available promotional offers, deals and/or codes for Winery
or Wine Tasting rooms. Unless otherwise indicated on the Winery or Wine Tasting
room Service, we may establish and modify, in our sole discretion, the terms of
such offer and suspend or end such offer at any point, with or without notice
to you. We reserve the right, in our sole discretion, to reject or refuse to
honor any special deal or promotional code you submit to, or otherwise attempt
to redeem on the Services. Promotional codes are generally limited to one use
per customer. We may post additional terms of a promotion on the Services.
Relationship Between Winery or Wine Tasting
room Owners and Us. Nothing in this Agreement is intended or should be
construed to create a partnership, joint venture, or employer-employee
relationship between Winery or Wine Tasting room Owner or agent and us, Vino
Voyage. Winery or Wine Tasting room Owner or agent will take no position with
respect to or on any tax return or application for benefits, or in any
proceeding directly or indirectly involving us that would argue that you are an
employee of ours. You are not an agent of ours and you are not
authorized, and must not represent to any third party that you are authorized,
to make any commitment or otherwise act on behalf of us. Without limiting the
generality of the foregoing: (a) Winery or Wine Tasting room Owner is not
entitled to or eligible for any benefits that we may make available to our
employees, such as group insurance, profit-sharing or retirement benefits; (b)
we will not withhold or make payments for social security or payroll taxes of
any kind, make unemployment insurance or disability insurance contributions, or
obtain workers’ compensation insurance on your behalf, nor will you be entitled
to any of the foregoing; and (c) Winery or Wine Tasting room Owner is solely
responsible for filing all tax returns and submitting all payments as required
by any federal, state, local, or foreign tax authority arising from payments
made by Winery or Sippers or to Winery or Wine Tasting room Owners under this
Agreement (other than any Taxes on Service Fees, which we will submit to the
appropriate authority), and you agree to do so in a timely manner.
