1. Definitions
1.1 ‘Terms’ means these Terms of Use.
1.2 ’Use’ means any use of the Website including but not limited to viewing information.
1.3 ‘User’, ‘you’ and/or ‘your’ means any person who Uses the Website.
1.4 ‘Website’ means the website located at www.winedater.co.uk.
1.5 ‘WineDater’, ‘us’, ‘we’ and ‘our’ means WineDater Limited.
2. WineDater
2.1 This Website is owned and managed by WineDater.
2.2 If you have any queries regarding your Use of the Website, please contact WineDater at the address specified on the Website.
3. Use of the Website
3.1 By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
3.2 In the event that WineDater, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website, and/or your Use of the Website is in breach of these Terms, WineDater reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website and, in the case of illegal Use, instigating legal proceedings.
3.3 WineDater may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
3.4 WineDater reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
4. Term and Termination
4.1 These Terms will remain in full force and effect while you are a User of the Website.
4.2 WineDater may, at any time and for any reason, terminate these Terms with you and deny you access to the Website.
4.3 In the event of termination of these Terms or denial of access to the Website for any reason, you must not attempt to Use the Website.
4.4 Clauses 4 to 9 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
5. Administrator Intellectual Property
5.1 WineDater owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the User. All rights in and to the Website not expressly granted to User are reserved by WineDater.
5.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content of the Website.
5.3 You are expressly prohibited from:
5.3.1 Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
5.3.2 Removing, modifying, altering or using any registered or unregistered marks/logos owned by WineDater, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of WineDater or could be considered an infringement any of the intellectual property rights owned and/or licensed to WineDater without first obtaining the written permission of WineDater.
6. Warranties and Liabilities
6.1 WineDater provides Users with access to the Website free of charge and, to the maximum extent permitted by law, WineDater shall not be liable for any loss, injury or damage caused in whole or in part by Use of the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by WineDater’s failure to perform any of its obligations under these Terms.
6.2 In no event shall WineDater be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
6.3 The information provided on the Website by WineDater is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
6.4 Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by WineDater and, to the maximum extent permitted by law, WineDater shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
6.5 To the maximum extent permitted by law, WineDater expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
7. Data Protection and Privacy Policy
7.1 WineDater is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Website.
7.2 WineDater is the data controller of your data submitted using the Website.
7.3 WineDater reserves the right to gather information relating to Use of the Website. By Using the Website you consent to collection and use of this information by WineDater.
7.4 Your personal data that you submit shall be handled in accordance with WineDater’s Data Protection and Privacy Statement displayed at www.winedater.co.uk .
7.5 Links to third party websites, including websites of partners of WineDater, may appear on the Website. Such third party websites are not the responsibility of WineDater and WineDater accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
8. General
8.1 You may print and keep a copy of these Terms, which form the entire agreement between you and WineDater and supersede any other communications or advertising with respect to the Website.
8.2 These Terms may only be modified with the prior written consent of WineDater. We may alter or amend these Terms at any time, with immediate effect without notice. By continuing to Use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
8.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
8.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
8.5 You agree that because of the unique nature of the Website and WineDater’s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm WineDater and monetary damages would be inadequate compensation. Therefore, you agree that WineDater shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
8.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
8.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
8.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
8.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against WineDater and such third parties shall not be entitled to enforce any term of these Terms against WineDater.
Data Protection and Privacy Statement
1. The following words and expressions shall have the following meanings:
‘Sensitive Personal Data’ is defined in the Data Protection Act 1998 and includes such matters as your race, religion, political opinion, health and sexual life;
‘WineDater’ means WineDater Limited, a company incorporated in England with registration number 6365141, having its registered office at Office 404, 4th Floor, Albany House, 324 – 326 Regent Street, London W1B 3HH and its Associated Companies. For the avoidance of doubt, ‘we’, ‘us’ and ‘our’ shall also mean WineDater;
‘Personal Data’ is defined in the Data Protection Act 1998 and includes all data that identifies you, for example, your name, address and email address;
‘Profile’ means the text, pictures, data and other information you submit to WineDater when you register on the Website;
‘Website’ means the website located at www.winedater.co.uk
2. The Personal Data that you supply to us is held by WineDater and is kept confidential on our secure database.
3. From time to time it may be necessary for us to collect and process Sensitive Personal Data about you. You are under no obligation to provide such Sensitive Personal Data to us and we will never process your Sensitive Personal Data unless you have chosen to provide it to us. By providing us with Sensitive Personal Data, you expressly consent to our using such data for the specific purpose for which it was provided.
4. If you have provided us with data about another person, you confirm that they consent to the processing of their Personal Data and, where applicable, Sensitive Personal Data and that you have informed them of our identity and the purposes (as set herein) for which their Personal Data will be processed.
5. We will use your Personal Data to enable you to purchase our products and services and the products and services of our partners, allow you to access our Website, for administration and accounting, for marketing, to respond to complaints and to ensure that the content of our Website and the products and services that we and our partners offer are tailored to your needs and interests.
6. We will pass your Personal Data, including where applicable any Sensitive Personal Data to third parties where it is necessary to carry out your instructions, for example:
a. If you purchase any product or service offered by one of our partners we will pass your Personal Data to that partner so that they can process your order and provide you with the product or service.
b. If you instruct us to disclose your Profile to someone you have met at a dating event hosted by one of our partners we will disclose any of your Personal Data contained in that user profile to that person.
By submitting instructions to us, the completion of which requires us to pass your Personal Data to third parties, you give your express consent for us to pass your Personal Data to such third parties.
3. We will keep your Personal Data for so long as you are a registered user. In the event that you cancel your registration or if you do not access your Profile for a period of one (1) year or more, we will delete all of your Personal Data from our records apart from any data that we are required to keep for legal reasons.
4. We only hold such Personal Data as you have provided to us and we update this Personal Data as soon as reasonably practicable after receiving any new or updated Personal Data from you, to ensure that the Personal Data we hold about you is as accurate as possible.
5. When you purchase products and services offered by us or our partners on the Website, you will be automatically directed to a secure server site that is managed and controlled by a third party that has been engaged by us to provide secure online credit and debit card payment services (“Agent”). WineDater will pass such information to the Agent as is necessary for the Agent to process your payment. You will be asked to provide further details to the Agent for the purposes of processing your payment for the transaction. All Personal Data that you supply to the Agent shall be governed by the Agent’s data protection and privacy statement. WineDater accepts no liability for any use made by the Agent of such Personal Data.
6. We link to a variety of other sites and we display advertisements from third parties on our Website. We are not responsible for the privacy policies of these websites and third party advertisers, nor for the way in which information about their users is treated. In particular, unless expressly stated, we are not agents for these sites or advertisers nor are we authorised to make representations on their behalf.
7. You are entitled to ask for a copy of your Personal Data (for which we may charge a small fee) and to have any inaccuracies in your Personal Data corrected.
8. For quality control and training purposes, we may monitor or record your communications with us.
9. Cookies
We may store information about you in a cookie (a small file that is sent by our web server to your computer), which we can access when you make return visits to our Website. Sending cookies is usual practice for any website that needs to remember what its users’ preferences are and we use cookies to keep track of your choices and of any orders you place through our Website.
If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that cookies are stored in. Our cookies have file names containing the letters ASPSESSION. If you want to stop cookies being stored on your computer in the future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Further information about deleting or controlling cookies is available at www.aboutcookies.org.
Please note that it may not be possible for you to use all of the features available on the Website or to purchase products and services through the Website if cookies are disabled.
10. When you visit our Website we may also log your IP address, a unique identifier for your computer or other access device. We will keep these records for up to two (2) years.
11. If your personal details change, please update your Profile on the Website. If you have any queries about how we use personal data, please contact us by writing to WineDater Limited at the address specified on the Website.