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TERMS OF USE
Last update: 2 April 2020

The website https://www.vinilink.ch and VINILINK mobile app are developed, released, and owned by:

VINILINK SA
Registered office: 61, Route de Clémenty, 1260 Nyon, Suisse
IDE : CHE-268.298.204
Swiss VAT No.: CHE-268.298.204-TVA
Email: info@vinilink.ch
Tel: +41 79 292 73 21

Please read these terms of use carefully before using the services offered by VINILINK.

Users declare and acknowledge having fully read these Terms of Use. By using the VINILINK Site, Users unconditionally accept to be bound by these Terms of Use. Furthermore, by accepting these Terms of Use, the User acknowledges that he has read, understood and accepted to be unconditionally bound by all other related terms and agreements with VINILINK, such as our Privacy Policy.

VINILINK reserves the right to amend these Terms of Use at any time, in whole or in part. It is therefore the User's responsibility to regularly consult the latest version of the Terms of Use posted on the VINILINK Site. Users are deemed to accept this latest version upon each new use of the VINILINK Site

If you do not agree with all or some of these Terms of Use, you should not use the VINILINK Site.

VINILINK is an online platform that enables Users to rate, review, and recommend local wines, to view related local wine ratings, follow other Users, local wines and Producers, and access and review wine information via the VINILINK Site. It also enables Users to connect directly with local Producers to purchase from them their products and services and to participate in open and exclusive wine events.

The following definitions are applied throughout these Terms of Use:

"VINILINK" : the company VINILINK SA.

"VINILINK Site" : website accessible at " https://www.vinilink.ch" and VINILINK mobile app.

"Terms of Use" : these general conditions of use.

"User" : any individual over 18 years of age, legally authorized to purchase and consume alcohol and capable of entering into contracts, who visits VINILINK Site and/or has an account on VINILINK Site and in the plural "Users".

"Producer" : any wine producer with or without contractual relationships with VINILINK.

"Producer Content" : elements of the wine producer content provided to VINILINK by the Producer or which the wine producer has authorized VINILINK to load onto the VINILINK Site, such as description of a winery, description of a wine, suggested food and wine pairing, price of a bottle of wine, offered discounts (if any), contact details, name of the winemaker or the oenologist, wine cellar opening hours, location of a wine cellar, hosted wine events, winery and wine news, wine and winery rewards and external professional rankings, names of wine cuvées and vintages, wine producer logos, themes and any related photos. It also refers to any contact collected by VINILINK from public resources and uploaded to the VINILINK Site to facilitate local wine search and selection by Users.

"User Content" : all the elements provided by the User on the VINILINK Site or shared by the User via third-party application (such as Facebook), including any text, personal and contact details, date of birth, taste preferences, image, photo, reviews, wine ratings, and other such elements.

"Exclusive Event" : any wine-related event organized by VINILINK or the Producer on a paid or invitation-only basis for a limited number of Users.
The VINILINK Site
Use of the VINILINK Site is subject to limitations of liability on the part of VINILINK. Please refer to p. 7 "Limitation of Liability" for details.

The VINILINK Site is an online platform that enables the User to search, select, rate, review, and recommend local wines, view ratings and reviews of other Users, follow other Users, get into contact with local winemakers listed on the VINILINK Site, purchase directly from them their products and services, and subscribe to offline wine events, among other functionalities.

The VINILINK Site allows the User to benefit from promotional offers provided by Producers on the VINILINK Site. Not all Producers have promotional offers. The conditions of validity of such promotional offers set out on the VINILINK Site by Producers. Producers communicating promotional offers on the VINILINK Site bear full responsibility to execute on such offers. Users undertake to verify the conditions of validity of a promotional offer directly with the Producer and in no case may claim the benefit of a promotional offer from VINILINK.

In no event shall VINILINK be liable (directly or indirectly) for any losses and damages resulting from communications, commercial and non-commercial contracts and orders between Users and Producers.

The services offered on the VINILINK Site are free for Users unless specified otherwise.

Tariffs may be applicable, in particular for certain Exclusive Events organized by either Producers or VINILINK, the evolution of the network, and of technical and/or legal constraints. Users will be duly informed by an amendment to these Terms of Use and/or by the insertion of special conditions relative to the paid-for services on the VINILINK Site.
Access and Use of the VINILINK Site
Use of the VINILINK Site is subject to the following cumulative eligibility requirements: as a User (i) you are of a legal age to purchase and consume any alcoholic beverages; (ii) you have the legal capacity to submit to be bound by legal obligations; (iii) and actions that you make on the VINILINK Site, for you or any other person for whom you are legally entitled to act, will be legitimate.

If we receive notice or reasonably believe that someone under the legal drinking age has provided VINILINK with personal information, VINILINK commits to promptly delete the account and all personal information that has been provided to us.

VINILINK reserves the right to suspend, delete or modify all or part of the VINILINK Site or the services offered on the VINILINK Site without prior notice. VINILINK also reserves the right to suspend access to the VINILINK Site for all or any User due to maintenance, emergency (cyberattack, etc.) or for any other reasonable reason and at any time.

By opening an account, the User expressly, unreservedly, and unconditionally accepts these Terms of Use.

When registering via the VINILINK Site, the User provide VINILINK with certain information, including email, password, username, name, address, preferred language, date of birth. When registering and signing in via third-party application login (such as Facebook), the User authorizes VINILINK to access certain account information from that third-party application, such as basic profile information; name, profile picture, e-mail address (optional), current city (optional). Some of this information will never be made public, such as password. Other information can be either hidden by default or public by default (name and profile picture if third party application sign up). Geolocation will not be disclosed, but the User have the possibility to add and remove a geotag. The User can manage the visibility of this information under Profile Settings.

During the creation of their account, Users choose an ID and a password ("Credentials") enabling them to access their account.

The Credentials are personal and confidential. They can only be changed at the request of the User concerned or at the initiative of VINILINK.

Users are solely and entirely responsible for the use of their account and the Credentials concerning them and undertake to do everything possible to keep their Credentials secret and to not disclose them to anyone in any form whatsoever.

In the event of loss or theft of one of a User's Credentials, that User is liable for any consequential damage of this loss or theft, and must follow, as soon as possible by sending email to info@vinilink.ch.

Users may close their account at any time. To do so, they must send their account closure request by email to: info@vinilink.ch.

VINILINK will endeavor to process any account closure request within a reasonable period of time.

Users are informed that as of the closure of their account, they will no longer be able to benefit from the services offered by VINILINK and any accumulated Drops, if any, will be deleted.

Users agree to use the VINILINK Site in accordance with these Terms of Use and applicable law. In particular, Users agree not to engage in the prohibited actions mentioned below:

  • The content and data of the VINILINK Site (including but not limited to messages, data, information, text, music, sounds, photos, graphics, videos, maps, icons, software, codes or any other element), as well as the infrastructure used to provide such content and information, belongs to VINILINK; Users agree not to modify, copy, distribute, transmit, display, make available, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products or services obtained from or through the VINILINK Site.
  • The copying, transmission, reproduction, re-issue, redistribution or transmission of the content of the VINILINK Site, in whole or in part, without the prior written permission of VINILINK is strictly prohibited. To obtain this authorization, contact VINILINK at the following address:
VINILINK SA
61 Route de Clémenty
1260 Nyon, Switzerland.
Furthermore, Users undertake to not:

  • use the VINILINK Site or its contents for illegal, illegitimate or fraudulent purposes;
  • submit User Content or Member Producer and Non-Member Producer Content to the VINILINK Site that is inaccurate, illegal and in particular which invades privacy, is abusive, indecent, threatening, incites hatred or violence, or of which the intellectual property rights do not belong to them and for which they do not have the express permission of the rights holder;
  • use, monitor, extract or copy the architecture, content or data of the VINILINK Site or the actions of any User on the VINILINK Site by using a robot, a spider, a scraper, Spyware, keystroke recorder or any other program or automatic device or manual process for any purpose;
  • violate restrictions regarding robot exclusion files on the VINILINK Site or circumvent measures to prevent or limit access to the VINILINK Site;
  • take any action that imposes, or could impose an unreasonable or excessive burden on the infrastructure of the VINILINK Site;
  • establish an invisible link to the VINILINK Site for any reason;
  • "frame", "reflect" or incorporate any portion of the VIINILNK Site into another site; and
  • attempt to modify, translate, adapt, revise, decompile, disassemble or reverse engineer any software program used by VINILINK in connection with the VINILINK Site or its services.
In the event of the total or partial non-compliance or non-respect by a User of any of the obligations or provisions of these Terms of Use, or in the event that a User performs any of the prohibited actions as set out in these Terms of Use, or for any other reasonable reason, VINILINK may modify, suspend, limit or remove access to any or all of the services of the VINILINK Site, including by deactivating the User's account, without notice and without any right whatsoever for the User to claim compensation, and without prejudice to any compensation that VINILINK may otherwise claim in court.
Ratings, reviews, recommendations, and User Content
Users must follow the below rules when posting any User Content and in particular when posting a review on the VINILINK Site concerning a wine listed on the VINILINK Site:

  • To fully use the VINILINK Site (post reviews and ratings and recommend wines to other Users), the User must either sign in using a third-party application log-in, e.g. Facebook, or fill out a form and create a profile without a third-party application log-in. The User may enjoy a limited use of the VINILINK Site without signing up, in which case VINILINK will only collect data based on User consent to our cookie policy that can be found here.
  • To avoid any conflict of interest and for obvious reasons of objectivity, if any User is affiliated with a Producer your contributions should be as unbiased and objective as possible. Any biased contribution will be determined by VINILINK and portions of such content may be removed the VINILINK discretion.
  • The review must contain more than 100 characters and relate exclusively to the tasted wine. Any review mentioning another wine, Producer, or any unrelated subject may be rejected by VINILINK.
User Content may be rejected for the following reasons:

  • if the User does not adhere to the "Conditions for posting reviews" as set out above;
  • if VINILINK believes that its civil or criminal liability may be engaged;
  • if the User Content or the elements relating to the identity of another User, VINILINK, family, employees, owners, and management of a Producer contain insults or vulgarities;
  • if the text of the User Content contains random characters or word sequences with no meaning;
  • if the User Content is unrelated to the wine being reviewed;
  • if the User Content is or is suspected of being a breach of third parties' intellectual property rights;
  • if the review raises issues of conflict of interest or fraud, or if VINILINK believes that it does amount to such conflict or fraud;
  • if the text of the User Content is badly written to the point of being unintelligible;
  • if a User makes an inappropriate comment about another item of User Content or its author;
  • if the User Content contains personal information or elements likely to lead to identity theft, such as the first or last names of individuals who are not public persons, a telephone number, a postal address or an email address of other Users;
  • if the User Content mentions websites, hypertext links, URLs, email addresses or telephone numbers; or
  • if the User Content is clearly spam.
If a User is identified as having posted content which is fraudulent or that VINILINK believes to be fraudulent, VINILINK, after applying the procedures for the rejection or deletion of the review, may deactivate the User's account (which will also annul any accumulated Drops), and delete all of their posts.

VINILINK has no obligation to moderate or remove reviews. VINILINK moderates the reviews, on a reasonable endeavors basis to ensure that the reviews conform to these Terms of Use with a view to publishing, rejecting or deleting the review. Each review is subjected to a pre-publication moderation by automatic filters, and when flagged, to human moderation. The moderation period is 2 weeks maximum. Users may request the moderation of a previously published review by sending an email to info@vinilink.ch specifying the reasons for their moderation request.

Any User who has published a review may later request its deletion by writing to info@vinilink.ch. Users may be contacted by VINILINK to check the authenticity of their review by email and/or by telephone. Users understand and agree that VINILINK may include the following information with their reviews: first name and the first letter of last name, Loyalty program status and place of location (city).

Each Producer having contractual relationships with VINILINK has a right of reply, in particular to:

  • give their version of the facts;
  • thank the Users for their contribution; and or
  • indicate any changes since the review was written.
The response must comply with the provisions of these Terms of Use and will be moderated under the same conditions as Users' reviews and if published will be displayed after the review to which it responds.

Any User with a registered account on the VINILINK Site may rate any wine.

The rating displayed on the VINILINK Site for each wine and cumulatively for each Producer corresponds to a weighted average of the given ratings.

Users agree that by posting User Content on the VINILINK Site they automatically grant an irrevocable, permanent, non-exclusive, royalty-free license to VINILINK to use, copy, display, adapt, modify, translate, distribute, have distributed or promoted, incorporate into any advertisements or other materials, create derivative works thereof, enhance, disseminate, or otherwise distribute such User Content throughout the world, and to enable third parties to do the same, this in any media whether online or not. In addition, by posting User Content on the VINILINK Site, Users automatically grant to VINILINK all rights necessary to prohibit any display, aggregation, copying or use of such User Content by any third party for any purpose whatsoever. Users agree not to exercise their moral right on the User Content in a manner incompatible with the licenses granted above. Users represent and warrant that they are entitled to grant the above licenses.
Third party sites and services
Users acknowledge that the VINILINK Site refers to paid-for products and services of Producers. In particular, User may be directed from the VINILINK Site to a third-party Producer site on which payments for products and services are required.

Any price concerning a third party displayed on the VINILINK Site is provided by Producers. In no event shall VINILINK guarantee the accuracy of such information.

VINILINK does not control third-party sites linked to the VINILINK Site and is not responsible for their content or for the privacy policy or other practices of such sites. The display of links to such sites does not constitute approval of the elements on these sites nor any association with the publishers of these sites. It is the Users' responsibility to carry out any checks deemed necessary or appropriate before using these sites or entering into a transaction with any of them.
Privacy Policy
VINILINK has a Privacy Policy in place to protect Users' privacy. Click here to view our current Privacy Policy, which also apply to the use of the VINILINK Site.
Intellectual property
Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any content, data, information or item received from VINILINK or available on the VINILINK Site, to another individual or legal entity from any country. Users agree to adhere to the intellectual property provisions below.

All moral and patrimonial intellectual property rights relating to the content and information on the VINILINK Site belong to VINILINK, with the exception of third-party rights.

The rights conferred on Users by using the VINILINK Site and the services supplied by VIINILINK do not entail any license of rights or permission to use or exploit any part of the VINILINK Site.

All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen lay-out, databases, codes etc.) in/on the VINILINK Site and on associated sites are protected by national and international intellectual property law. These elements remain the sole property of VINILINK and/or its licensors.

Therefore, without prior written permission from VINILINK and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or amend in part or in full, or transfer to another media, any information from the VINILINK Site.

Users acknowledge and understand that failure to comply with the provisions of this Article 7 constitutes an infringement punishable by civil and criminal law.
Limitations of liability
VINILINK offers no warranty whatsoever in relation with the Producer Content or the services and/or commercial practices of the third parties listed on the VINILINK Site. Accordingly, VINILINK does not warrant that Users will be satisfied with the products, services and/or business practices experienced with Producers reached out by Users via the VINILINK Site.

VINILINK offers no warranty in relation with the content, objectivity or accuracy of the User Content, including but not limited to the ratings and reviews posted by Users on the VINILINK Site.

Given the interactivity of the VINILINK Site, all information it contains is subject to change at any time, without this engaging the responsibility of VINILINK.

Due to the specific nature of the Internet, VINILINK does not warrant uninterrupted access to the VINILINK Site or service continuity, the only obligation of VINILINK being one of reasonable endeavors in this respect.

VINILINK shall not be liable for any failure to access the VINILINK Site or for any damage or loss arising out of the use or inability to use the VINILINK Site or its content, except as provided by law.

VINILINK does not warrant that the information displayed is detailed, complete, verified or accurate. The Producer Content, information, pages and, in general, any content on the VINILINK Site are provided "as is" without any express or implied warranties of any kind whatsoever.

Users expressly acknowledges that the photos on the VINILINK Site are not contractual.

Users generally accept and acknowledge that listing of wine on the VINILINK Site does not guarantee its availability. Accordingly, VINILINK does not guarantee the effectiveness of ordering and delivering processes effectuated by the Producer. Information on wine availability is not checked in real time, VINILINK cannot physically verify the accuracy of the information collected and/or provided by Producers and therefore Users agree that VINILINK cannot be held liable if Users fail to benefit from products and services of these producers. Users acknowledge and accept that VINILINK is in no way liable if wine is no more available, available in a limited quantity or cannot be delivered, the Producer is closed or liquidated for whatever reason, or where any third party refuses to provide any service or deliver any product, for any reason whatsoever.

Similarly, Users accept that VINILINK is in no way liable if Users fail to benefit from promotions or special offers proposed by Producers.

Users warrant that they are fully familiar with the features and limitations of the internet. In particular, they acknowledge that it is impossible to guarantee that the data sent by Users over the internet will be fully secure. VINILINK cannot be held responsible for any incidents which could arise from this transmission of data.

Users agrees to indemnify VINILINK against any liability, damage, expense, claim or cost, incurred by VINILINK arising from any claim or dispute, in or out of court, in relation with the use of the services of VINILINK, including the posting of User Content on the VINILINK Site by Users.

In any case, Users explicitly acknowledge and agree to use the VINILINK Site at their own risk and under their sole responsibility.

Any Users may give notice of a claim or objection relating to illicit elements or content posted on the VINILINK Site.

If a User believes elements or content posted on the VINILINK Site is illegal and/or in breach of their copyright, they must notify VINILINK by registered letter with acknowledgment of receipt addressed to the "Legal Department" in the subject line and including all available evidence to support ownership of the rights, if any. Once this procedure has been followed, and after the accuracy of the notice has been checked, VINILINK shall endeavor to promptly remove the illicit content.

VINILINK cannot be held criminally liable for the information stored on the VINILINK Site if it did not have actual knowledge of the illegal activity or information (including User Content, Producer Content, etc.) or if, as soon as it became aware, prompt action was taken to remove such information or block access to it.
Other provisions
In the event that any provision of these Terms of Use are declared null and void, illegal, unenforceable or inapplicable, the validity, legality, enforceability or application of the other provisions of these Terms of Use shall in no way be affected or impaired, these other provisions remaining in force and retaining their full effect.

VINILINK may proceed to draft a new clause with the effect of restoring the common will of the Parties as expressed in the initial clause, this in accordance with applicable law.

The titles of the articles herein are for illustrative purposes only and are not to be considered an integral part of these Terms of Use.

Except as may be otherwise provided in these Terms of Use, the failure or delay by VINILINK in exercising any of its rights or remedy under the terms these Terms of Use shall not constitute a waiver of the right or remedy or prevent any further exercising of the right or remedy. On the contrary, such right or remedy shall remain in full force and effect.

To the extent permitted by law, these Terms of Use and relationship between VINILINK and Users are governed and interpreted in accordance with by Swiss law. To the extent permitted by law, where these Terms of Use have been drafted or translated into other languages, only the French version of these Terms of Use shall prevail.

To the extent permitted by law, any claim, dispute or matter arising under or in connection with these Terms of Use shall be dealt with by the competent courts of Canton of Vaud, Switzerland.
© Copyright 2020 Vinilink SA