Terms of use

Last updated: 2023.06

 

 

LEGAL TERMS

 

1. Editor - Contact

The www.cloudybay.com website (the "Site") is edited by Cloudy Bay Vineyards Limited, a New Zealander company (hereinafter the “Company”, “we” or “us”) with:

• share capital: 100,00 NZD


• registration number: N° 271895


• VAT number: 048-045-812


• company phone number: Tel: + 64035209147


• registered address: 230 Level Jacksons Road, Woodbourne, Marlborough, 7273 PO Box 376, New Zealand

 

Chief Editor: Astrid De Jong

For any enquiry regarding the Site, please contact us by sending an e-mail to: info@cloudybay.co.nz

2. Hosting

The Site is hosted by LYNKBYNET

• registered address: 5-9 Rue de l'Industrie, 93200 Saint-Denis – France


• phone number: +33 (0)1 48 13 00 00


• company number: 430 359 927 RCS Bobigny

 

 

TERMS AND CONDITIONS OF USE

 

Any use of this Site by any person (hereinafter "you" or the "User(s)") is governed by these terms & conditions of use (hereinafter the “Terms & Conditions"). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Site.

By accessing and using the Site, you accept without reservation the application of these Terms & Conditions.

We reserve the right to modify and/or update these Terms & Conditions by publishing a new version on our Site. We therefore invite you to consult them regularly.

To access the Site, you must have reached the minimum legal age for the consumption and/or purchase of alcohol (whichever is higher) according to the legislation in force in your place of residence. If such legislation does not exist in your place of residence, you must be at least 21 years old to access the Site.

 

1. Navigation on the site

1.1 Access to the Site

Users of the Site are responsible for the hardware and software required to access the Internet and the Site. The Company reserves the right, at its sole discretion, to suspend or terminate access to all or part of the Site, its content, or to services offered on the Site, without prior notice and, to the extent legally permitted. Such suspension and/or termination shall not give rise to any compensation for the User.

1.2 Hyperlinks

The Site may contain links to other sites or Internet sources. Insofar as the Company cannot control these external sites and sources, the Company cannot be held liable for the content, advertising, products, services, or any other element available on these external sites or sources. Furthermore, the Company cannot be held liable for any damage or loss (proven or alleged) arising directly or indirectly from your use of the content, goods, or services available on these other sites or external sources.

1.3 Users' behaviour

Each User of the Site warrants:

• to have reached the minimum legal age for the consumption and/or purchase of alcohol (whichever is higher) according to the legislation in force in its place of residence,


• to use the Site for lawful purposes only, excluding any commercial use, except with the prior written consent of the Company,


• that, where applicable, the data provided is accurate, truthful, and up to date.

 

Users are prohibited from making any representation and/or acting or purporting to act in the name of and/or on behalf of the Company, its subsidiaries and affiliates and their respective shareholders, directors, officers, and employees, for any purpose whatsoever.

On the Site, Users must behave in a responsible, lawful, courteous, and respectful way with regard to the rights of other Users of the Site, the Company, its affiliates and third parties.

Users must notably refrain from:

• upload, post, email or otherwise transmit any material to the Site that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;


• disrupt or interrupt the operation of the Site, servers or networks connected to the Site, or violate any requirements, procedures, rules or regulations relating thereto;


• undermine or attempt to undermine the Site’s operation, notably by exposing the Site to a virus, by causing a consultation overload (bandwidth), by overloading the server, by sending “spam”, or by overloading the Site’s messaging service;


• consult Company’s confidential information that is not intended for the User, or access a server or account operated by the Company to which the User is not authorized to access;


• seek to evaluate, ascertain or test the Site’s vulnerability, and/or breach the Site’s security or authentication measures without the prior written consent of the Company;


• engage in any illegal activity or any other activity likely to prejudice the rights of the Company, its suppliers, service providers, retailers, advertisers or other persons, or to incite third parties to engage in such activities;


• upload, transmit, post, or otherwise make available on the Site unsolicited or unauthorized advertising or promotional materials, junk mail, spam, chain letters or any other form of solicitation;


• upload, post, email or otherwise forward any Content on the Site that the Company reasonably believes, in its sole discretion, to be unlawful, harmful, libellous, defamatory, offensive, racist, vulgar, obscene, threatening, violent, infringing on a person’s privacy, racially, ethnically or otherwise objectionable, or any other objectionable Content;


• send by e-mail or transmit by any other means any content of the Site to persons under the minimum legal age for the consumption and/or purchase of alcohol (whichever is higher) according to the legislation in force in their place of residence, or residing in a place restricting or prohibiting the advertising of alcoholic beverages.

 

Each User agrees to comply with all applicable laws, rules and procedures relating to online user behaviour and to the transmission of technical data.

Where applicable, and to the extent permitted by law, the Company may terminate a User's right of access to the Site at any time if the User fails to comply with his or her obligations under applicable law, the Terms & Conditions and/or any other document, without prejudice to the Company's right to claim damages.

 

1.4 User generated content (when applicable)

Users of the Site are solely responsible for the content they post on the Site (hereinafter "User Content") and for the consequences of its diffusion, publication, transfer, or availability. The Company does not endorse any User Content, and in particular any opinion, recommendation or advice expressed by Users on the Site, and declines any responsibility for User Content posted on the Site.

More specifically, we do not carry out any a priori moderation of User Content published in the participative sections of our Site, and any content of any form or nature that is integrated therein (text, sound, images, video, hyperlinks, etc.) is published under the sole responsibility of each contributor, without our editorial responsibility being incurred as a result. However, we undertake to prevent access to any User Content that has been notified to us as illicit. In particular, you may notify us of any User Content that you consider to be illicit. Furthermore, in the event that User Content is generated on the Site, the Company reserves the right to decide a posteriori to remove any content that encourages the consumption of alcohol by minors and/or the excessive consumption of alcoholic beverages.

Users retain all their intellectual property rights (if any) in the User Content they publish in the participative sections of our Site. Therefore, you acknowledge that the publication of User Content on our Site implies its display and access by all users and visitors to the Site.

Accordingly, by posting your User Content on our Site, you grant us a worldwide, royalty-free, non-exclusive, transferable license to use, copy, modify (for technical purposes) and display such User Content, but only to the extent necessary for us to provide access to and disclosure of such User Content to all visitors to our Site.

Any user posts which condone irresponsible drinking will be removed.

 

1.5 Report illegal content

Users may notify the Company of any inappropriate content by sending an e-mail to info@cloudybay.co.nz.

 

2. Site Content Protection

2.1 Company's Content

The Site, taken as a whole, and each of its component parts (such as texts, tree structures, software, animations, photographs, illustrations, images, videos, diagrams, soundtracks, logos, trademarks, designs), including the software elements necessary for the operation of the Site, databases, and newsletters (hereinafter the "Company Content") may contain confidential information and data protected by intellectual property law or any other applicable law. Thus, unless otherwise stated on the Site, the intellectual property rights to the Company's Content are the exclusive property of the Company, or of third parties who have granted it a license, and the User is not granted any license, or any right other than that of consulting them on the Site.

Any reproduction and any use of copies of the Company's Content made (in whole or in part) for commercial purposes, in any manner and in any form whatsoever, are expressly prohibited.

The User is also prohibited from copying, modifying, creating a derivative work, assembling, decompiling, assigning, sublicensing, or transferring in any way whatsoever any right pertaining to the Company's Content or the Site.

 

2.2 Database

Databases appearing on the Site are protected by Intellectual Property rights, and any retrieval or reuse, qualitatively or quantitatively substantial, of the content of the Site’s databases may be subject to sanctions.

 

2.3 Trademarks and logos

Trademarks and logos appearing on the site are registered trademarks of the Company or third parties. Any reproduction, imitation, or use, in whole or in part, of these distinctive signs without the Company’s express written consent and in violation of the prohibitions set forth by Intellectual Property laws and regulations, shall engage the responsibility of the offender.

 

3. Personal data

The terms and conditions governing the processing of personal data on the Site are defined in the Information Notice on the processing of Personal Data & Cookies available on the Site.

 

4. Responsibility

The Company cannot guarantee the accuracy, precision, or completeness of the information made available to Users on the Site.

The Company provides access to the Site free of charge and, to the extent permitted by law, declines any liability, including in the following cases:

• for any interruption of the Site;


• in the event of bugs, computer viruses, display or download errors on the Site;


• for any inaccuracy or omission in the Company Content available on the Site;


• for any damage resulting from fraudulent intrusion by a third party;


• and generally for any direct or indirect damage, whatever their cause or consequence, which may arise following access to the Site and resulting from any information originating directly or indirectly from the Site.

 

 

5. Governing law and jurisdiction 

The Terms & Conditions, as well as the Information Notice on the processing of Personal Data & Cookies to which reference is made here, are governed by New Zealand law.

Unless otherwise required by law, any dispute on the Content and use of the Site shall fall within the jurisdiction of the competent New Zealand court including in the event of a warranty claim, proceedings involving several defendants, summary proceedings or proceedings on petition.