Terms & Conditions
Introduction
Private Cellar has teamed up with Wine Owners to provide you with this service. The terms and conditions below relate to this website and are in addition to Private Cellar's storage terms and conditions, which can be found by clicking here.
Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of your Private Cellar Reserves account via WineOwners.com (the Platform services).
Availability
Best endeavours are used to ensure that the Platform services are available 24 hours per day without interruption. However, we reserve the right to make the Platform services unavailable at any time or to restrict access to parts or all of the Platform Services without notice, due, for example and inter alia, to future subscription changes or upgrades.
It is possible to download information inputted by you that relate to your wines at any time. This information is routinely backed up, and can be requested of us.
Accuracy of Information
While best endeavours are also used to ensure that information on the Platform services are is accurate, not misleading and up-to-date, but we cannot represent that this may not be the case.
Contributions
You agree to only use the Platform services for lawful purposes and that any information that you provide in connection with, or which forms part of, the Platform services will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libelous or blasphemous or defamatory.
We cannot make any assurances about the information or contribution made by any other, save for our best endeavours through moderation of registered user content contributed.
Links
Without limiting what we say elsewhere, we make no representations or warranties about those external sites or their content, nor that the links work.
Best endeavours
We will endeavour to fix any problem you may encounter with our services as soon, and as efficiently, as possible.
Storage
If we wish to review terms and conditions under which Wine Owners Limited can store fine wine on your behalf in professional warehouses, see Storage.
Data Protection
It is your responsibility to ensure that you provide at registration and/ or update your account via Preferences with accurate and valid email address and other contact details. We comply with all applicable Data Protection laws in the UK, and are registered for the purposes described with the Information Commissioner's Office (PZ3568250). For a description of how we use your personal data, please see our privacy policy.
Intellectual Property
The Platform services, its style and structure, and the materials and information on the Platform services are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement.
Liability
Since a substantial part of the Platform services are currently free and available to all, it is a condition that your use of the Platform services are at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
Except as expressly provided in this User Agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the Platform services for:
(i) consequential, indirect or special loss or damage; or(ii) any loss of goodwill or reputation; or
(iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings)
in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
Small Print
Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent.
If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.
Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement.
English law governs this User Agreement and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts.
Nothing in this User Agreement affects your statutory rights as a consumer.
Changes to Terms & Conditions
Any changes we may make to our terms & conditions in the future will be posted on this page and, where appropriate, notified to you by e-mail.
