Terms of Service
Last updated: June 14, 2022
These Terms of Service ("Terms") govern your relationship with http://next.winestle.com website, the Winestle Next Community (the “Community”) and the Winestle Next mobile application (collectively, the "Service") operated by Winestle Technologies Limited (“Winestle Next”, "we", "us" or "our").
Please read these Terms carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew unless you or we cancel it prior to the renewal. You may cancel your Subscription either through your online account management page or by contacting our customer support team. We may cancel by giving you notice of our intent not to renew. We reserve the right to revise the terms of your Subscription, including pricing, upon a renewal of your Subscription by giving you notice of the revision(s) prior to that renewal. If you do not accept the revision(s), you may cancel your Subscription as provided above. If you do not cancel your Subscription prior to the renewal, you will be bound by the revised terms of your Subscription.
We reserve the right to revise the terms of your Subscription upon a renewal of your Subscription by giving reasonable prior notice of the change to give you an opportunity to cancel your Subscription before the change becomes effective upon the renewal. If you do not accept the change, you may cancel your Subscription as provided above. If you do not cancel your Subscription prior to the renewal, you will be bound by the revised terms of your Subscription.
A valid payment method, including credit card, is required to process the payment for your Subscription. You will provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Winestle Next may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Winestle Next, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Winestle Next will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Winestle Next on a case-by-case basis and granted in sole discretion of Winestle Next.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting, uploading or otherwise submit Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, upload or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting, uploading or submitting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark or, other intellectual property right of another or; (iv) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
Our Service allows you to connect, share and communicate with other users of the Service by accessing the Community. You are responsible for the Content that you post or provide to the Community and Winestle Next does not control and assumes no responsibility for such Content or any Content posted or provided by other users of the Community. You agree to use the Community only to post or provide messages and materials that are appropriate and relevant to our Service.
You will not submit, post, upload or display or distribute through the Community any messages or materials (including text, links, images, sounds, data, or other information) that will or may:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- infringe, misappropriate or violate intellectual or proprietary rights or breach confidentiality obligations;
- involve unsolicited advertising, junk mail, spam, surveys, contests, chain letters or any other form of unwanted solicitations;
- constitute or encourage conduct that is unlawful or would constitute a criminal offense, give rise to civil liability or otherwise violate any law or be objectionable or injurious to third-parties; or
- violate any code of conduct or other guidelines which may be applicable to the Community.
While Winestle Next has no obligation to monitor the Community, we reserve all rights to review any Content posted or provided to the Community and remove any Content from the Community or refuse to post or provide any Content to the Community, in our sole discretion. Winestle Next reserves the right to restrict or terminate your access to the Community at any time, without notice, for any reason whatsoever. Winestle Next is not responsible and will have no liability for any removal of Content or restriction or termination of access to the Community or any failure or delay in removing Content or restricting or terminating access to the Community.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, obscene or misleading. We reserve the right to change, reclaim or transfer usernames that do not comply with these Terms or that are inactive.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Winestle Next and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Winestle Next or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Winestle Next.
Winestle Next has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Winestle Next will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Winestle Next, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to or otherwise submit to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Winestle Next, its directors, employees, partners, agents, suppliers, or affiliates, will not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Winestle Next makes no guarantees, representations or warranties of any kind regarding the Service. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law will apply to the extent necessary.
Winestle Next, its affiliates and its licensors do not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
If you breach any of these Terms and Winestle Next chooses not to immediately act, or chooses not to act at all, Winestle Next will still be entitled to all rights and remedies at any Winestle Next date, or in any other situation, where you breach these Terms. Winestle Next does not waive any of its rights. Winestle Next will not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms will have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms will be governed by, and interpreted and enforced in accordance with, the laws in the United Republic of Tanzania as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Winestle Next and you regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.