Terms of use

Last updated: 2022.04

 

LEGAL TERMS

 

1. Editor - Contact

The www.cloudybay.com website (the "Site") is edited by Cloudy Bay Vineyards Limited, a New Zealander company 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 ACCENTURE SAS

• registered address: 118 Avenue de France, 75013 Paris — France


• phone number: +33 (0)1 53 23 55 55


• Fax : +33 (0)14813 31 21


• RCSParis :732 075 312


• CodeNAF :6202A

 

TERMS AND CONDITIONS OF USE

 

Any use of this Site by any person ("you" or the "user") is governed by these terms & conditions of use (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 this Site, you accept without restriction to apply these Terms & Conditions. For information about how we collect, use, and disclose your personal data, please consult our Privacy & Cookies Notice.

We may revise or update this Terms & Conditions from time-to-time by posting a new version on our Site. You should check this page occasionally to ensure you are happy with any changes. We may also notify you of changes to our notice by email, and may seek your consent where required.

The Company provides this Site only for people who have reached the minimum age legally required to consume and/or purchase alcoholic beverages (whichever is the higher) in their location of residence and provided that the consumption and/or purchase of alcoholic beverages is legal.

If no such laws exist in your location of residence, you must be over 21 to access the Site.

 

1. Navigation on the site

1.1 Access to the Site

Necessary hardware and software to access the Internet and this Site are under sole liability of the users.

The Company reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site and/or its content and/or the available services without prior notice and to the extent permitted by law, without entitling any user to claim any indemnity or compensation.

In such a case, it is forbidden to obtain unauthorized access to the Site.

 

1.2 Links

The Site may include links to other websites or other internet sources. As the Company cannot control these other websites and external sources, the Company cannot be held responsible for the provision or display of these websites and external sources, and will not be held liable for the content, advertising, products, services or any other material available on or from these websites or external sources. Furthermore, the Company cannot be held responsible for any demonstrated or alleged harm or losses resulting to you from (directly or indirectly) or in relation to your use of, or the fact of having had confidence in, the content, goods or services available on these other websites or external sources.

 

1.3 User responsible behaviour

Each user warrants:

• to be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s location of residence,


• to use the Site for user’s lawful use only, excluding therefore any commercial use without the prior written consent of the Company,


• to provide, when relevant, personal data being true, up-to-date and accurate.

Users may not in any way represent or purport to act on behalf of the Company, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees.

When using the Site, users must behave responsibly, lawfully, with courtesy and respect towards other users, the Company, its subsidiaries, affiliates and third parties.

User must notably refrain from:

• uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material,


• disrupting or interrupting the Site, its servers or networks connected to the Site, or infringing related requirements, procedures or rules,


• infringing (including any attempt to infringe) the Site’s functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, or sending "spams" or overloading the Site messaging system,


• consulting confidential, privileged or non public information of the Company or accessing a server or account operated by the Company for which the user is not expressly granted access to,


• trying to assess or test the Site’s vulnerability, and breaching security or authentication measures of the Site without the prior written consent of the Company,


• conducting any illegal activity or any other activity likely to infringe rights of the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as encouraging third parties to conduct any such activity,


• uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non-authorised commercial or promotional content, junk mail, spam, chains or any other solicitation,


• uploading, displaying, sending by e-mail or by any other mean any content which the Company reasonably determines in its sole discretion to be illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, indecent, infringing third parties rights, shocking or disparaging or any other like objectionable content,


• sending or forwarding by e-mail or by any other mean any content of the Site to people under the legal alcohol drinking and/or purchasing age in their location of residence.

Each user must comply with any and all applicable regulations, laws and rules related to behaviour on the Internet and transmission of technical data.

When relevant, to the extent permitted by law, the Company reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms & Conditions and/or ancillary documentation, without prejudice to claim damages to such defaulting user.

 

1.4 User generated content (when applicable)

Users are solely liable of any content they may post or upload onto the Site and the consequences of disclosing, broadcasting, forwarding or making available such content. The Company does not adhere to or approve any content, opinion, suggestion or notice generated by users and the Company holds no responsibility and liability in respect of any such content to the fullest extent permitted by applicable law and unless for gross negligence.

However, the Company reserves the right, but not the obligation, to monitor use of the Site and to remove at any time, without notice any content which, in its sole discretion, would breach these Terms & Conditions, and which the Company considers to be offensive, illegal or otherwise objectionable in any way.

You accept that the Company may at its sole discretion freely and peacefully use, at no cost and without any restriction, any content posted onto the Site in order to be displayed on the Site as well as to be displayed, reproduced on any other medium whatsoever, in the entire world, for the promotion and advertising of the Company, its products and services, without acknowledgment or compensation to you.  You hereby grant to us a perpetual, worldwide, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free licence to use, copy, edit, modify, display, communicate or otherwise exploit such content.

Any user posts which condone irresponsible drinking will be removed.

 

1.5 Report of inappropriate content

Users can report to the Company any inappropriate content by sending an e-mail to info@cloudybay.co.nz.

 

2. Protection of the site content

The Site and each of its elements (including all text, images, web pages, sound, video, designs, trademarks, logos and other material on or accessible via the Site) as well as any software required to be used in relation to the former, data bases and newsletters (the "Content"), may contain confidential information and information that is protected by intellectual property rights or other law.

Unless otherwise expressly stated on the Site, the Company exclusively owns all intellectual property rights related to the Content and the Company does not grant any user with any license or other right other than a right to view the Site.

Any reproduction or use or other exploitation of content (in whole or in part) for commercial purposes (whatever the manner or the kind) is expressly prohibited.

Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any content of the Site or any material (including software) related to the Site.

 

3- Personal Data

The Company ensures the protection of personal information disclosed by users of the Site.

The Company invites users to consult the Privacy & Cookies Notice . Collection, processing, use, transmission, keeping and protection of users’ personal information are governed by the Privacy & Cookies Notice.

 

4- Responsibility

The Company endeavours to ensure as far as possible, that the information provided on this Site is correct and up-to-date. However, the Company cannot guarantee the correctness, accuracy or exhaustiveness of the information provided on the Site.

The Company allows free access to the Site and to the full extent permitted by law declines all responsibility and may not be held liable unless for gross negligence including the following cases :

• for any interruption in provision of the Site or services accessible via the Site,


• for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,


• for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site,


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


• and more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Site or any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any right or remedy you have in statute or otherwise to the extent that right or remedy cannot be excluded, restricted or modified under law. 

 

5- Governing law and jurisdiction attribution

These Terms & Conditions (and the Privacy & Cookies Notice are governed by French law.

Unless imperative legal provision to the contrary, users and the Company hereby irrevocably submit to the exclusive jurisdiction of the competent courts of Paris (France) any claim or matter arising under or in connection with the Content or use of the Site, including in case of guarantee, plurality of defendants or summary proceedings.