Last updated: 2023.06
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:
Chief Editor: Astrid De Jong
For any enquiry regarding the Site, please contact us by sending an e-mail to: email@example.com
The Site is hosted by LYNKBYNET
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.
1.1 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.
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:
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:
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 firstname.lastname@example.org.
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.
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.
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.
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:
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.