Vino-Say’s App Terms of Use
1. INTRODUCTION
1.1. These terms of use (“Agreement”) governs your access to and use of the Vino-Say App.
1.2. "Vino-Say” means the Application owned by Vino Say (Pty) Ltd (Registration no. 2017/40095/07) (“Vino-Say”) and having its registered address at Zorgvliet Wines Banghoek Valley, Hellshoogte Pass, Stellenbosch, Western Cape. Reference in this Agreement to "we", "our" and/or "us" refers to Vino-Say.
1.3. This Agreement was last updated during February 2021.
1.4. Vino-Say reserves the right to modify this Agreement from time to time and such modifications shall be effective upon posting thereof on the App. If you do not agree with such modifications, do not continue to use the App. Continued use of the App will be deemed to constitute acceptance of the new Terms of Use.
1.5. This Agreement contain provisions that appear in similar text and style to this subclause and which –
1.5.1. may limit the risk or liability of Vino-Say; and/or
1.5.2. may create risk or liability for you; and/or
1.5.3. may compel you to indemnify Vino-Say; and/or
1.5.4. serves as an acknowledgement by you of a fact.
2. INTERPRETATION
For purposes of this Agreement the following words and expressions bear the meanings assigned to them:
2.1. “Content” means all images and other content on the App;
2.2. “CPA” means the Consumer Protection Act, 2008;
2.3. “Intellectual Property” means any copyright, trade mark, service mark, trade, business and domain name, logo, rights in trade dress or get up and all other identical or similar intellectual property, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world and “Intellectual Property Rights” means all rights in the Intellectual Property;
2.4. “App” means Vino-Say Application (Mobile platform – IOS, Android).
2.5. “User” means the actual user of the App.
3. DISCLAIMERS
Unless otherwise expressly agreed by us in writing, the App and Content are provided "as-is", without any warranty of any kind, whether express, implied, statutory or otherwise, and we specifically disclaim all implied warranties, including any warranties of merchantability, fitness for a particular purpose, and noninfringement, to the maximum extent permitted by law. We do not warrant the comprehensiveness, correctness, or accuracy of the content, or that access to the App
will be uninterrupted, current or error free. You assume all responsibility and risk for your use of the App and Content.
4. INDEMNITIES
You release us against any claim, demand, suit or proceeding made or brought against us by a third party arising from or based on your breach of your responsibilities under this Agreement (a "claim against us"), and shall indemnify us for any damages, attorney fees and costs finally awarded against us as a result of, or for any amounts paid by us under a court-approved settlement of, a claim against us; provided that we (i) promptly give you written notice of the claim against us, (ii) give you sole control of the defence and settlement of the claim against us (provided that you may not settle or defend any claim against us unless you unconditionally release us of all liability), and (iii) provide to you all reasonable assistance, at your expense.
5. LIMITATION OF LIABILITY
In no event shall we have any liability to you for any loss of profits or revenues or for any special, incidental or consequential damages howsoever caused, whether in contract, delict or under any other theory of liability arising out of or in connection with this Agreement, our software or the App. This clause does not exclude loss suffered due to our gross negligence or wilful misconduct.
6. USE OF THE APP AND CONTENT
6.1. The App and its Content are intended for Users of Vino-Say. You may not use the App or the Content for any purpose not related to your business with Vino-Say and use of the App is void where prohibited.
6.2. By using the App, you represent and warrant that:
6.2.1. You are of majority status in the jurisdiction in which you reside and of full legal capacity;
6.2.2. You will not use the App in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
6.3. Without limiting the foregoing and to the extent possible, you will not use the App for any
of the following activities:
6.3.1. criminal or delictual activity, including but not limited to, spamming, phishing, sending of viruses or other harmful files, copyright infringement or patent infringement;
6.3.2. interfering with, disrupting or otherwise abuse the App or the networks or services
connected to the App or otherwise abuse the App;
6.3.3. attempting to impersonate another person;
6.3.4. using the App or Content in a manner inconsistent with any and all applicable laws and regulations.
6.3.5. downloading, copying, or re-transmitting any or all of the App or the Content without, or in violation of, a written license or agreement with Vino-Say;
6.3.6. using the sign-in name and password of another user at any time or disclosing your sign-in name and password to any third party;
6.3.7. using any data mining, robots or similar data gathering or extraction methods;
6.3.8. manipulating or otherwise displaying the App or the Content by using framing or similar navigational technology.6.4. You also agree not to use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You also agree not to attempt to gain unauthorized access to any other Vino-Say accounts, computer systems or networks associated with the App. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
7. INTELLECTUAL PROPERTY
7.1. All Intellectual Property Rights in the App and the Content belong and shall belong to VinoSay.
7.2. You agree that you will not contest or otherwise challenge or assist or encourage any other person or entity to contest or challenge the validity of Vino-Say Intellectual Property and/or our Intellectual Property Rights
7.3. You will not acquire any rights in Vino-Say Intellectual Property other than as set out in this Agreement.
7.4. You agree that you will never use Vino-Say Intellectual Property in any manner that might tarnish, disparage or reflect adversely, in the sole discretion of Vino-Say, on Vino-Say or the Intellectual Property.
7.5. Vino-Say Intellectual Property may not be copied, imitated or used, in whole or in part,
without the prior written permission of Vino-Say or the applicable trademark holder.
7.6. You may not use metatags or any other "hidden text" utilizing "Vino-Say" or any other name, trademark or product or service name of Vino-Say without our prior written permission.
7.7. You agree that you will not use any Vino-Say Intellectual Property or any variant thereof, including misspellings, as a domain name or as part of a domain name.
7.8. You may not at any time adopt or use, without Vino-Say prior written consent, any word or mark which is similar to or likely to be confused with Vino-Say Intellectual Property.
7.9. In addition, the look and feel of the App, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Vino-Say and may not be copied, imitated or used, in whole or in part, without our prior written permission. 7.10. All other trademarks, registered trademarks, product names and company names or logos mentioned in the App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
7.11. You may not use any Vino-Say Intellectual Property to link to the App, nor may you frame or hotlink to the App, without the prior written consent of Vino-Say.
8. PERSONAL INFORMATION AND PRIVACY
Vino-Say is committed to respecting the privacy of the personal information of the persons with whom we interact. We will use and protect your data in accordance with the Vino-Say Privacy Policy, the contents of which are incorporated by reference into this Agreement. \
9. CONSUMER PROTECTION
Nothing in this Agreement should be interpreted as limiting the rights afforded to you in terms of the CPA.
10. LINKED APPS OR WEBSITES
The App may provide links to third party Apps or websites for your convenience only. The inclusion of these links does not imply that Vino-Say monitors or endorses these Apps. Vino-Say does not accept any responsibility for such Apps or websites. Vino-Say shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Apps, websites or linked resources.
11. INTERNET SOFTWARE OR COMPUTER VIRUSES
11.1. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the App. Computer viruses or other destructive programs may also be inadvertently downloaded from the App.
11.2. Vino-Say shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your device equipment or other property on account of your access to, use of, or browsing on the App. Vino-Say recommends that you install appropriate anti-virus or other protective software.
12. CONTACT
If you have concerns relating to the App or this Agreement, please contact Vino-Say at
support@vino-say.com