The following describes the Terms and Conditions for use of the Where is my Wine™ app and related products, features, services, websites, technologies and software (collectively, the “Products”). By using the Products, you agree to be bound by these Terms and Conditions.
1.0 Our Products
The Products provide software and associated services relating to wine and wineries.
“Content” means any materials, including without limitation, information, data, text, software, music, sound, images, photographs, graphics, video, notes, favorites, dates and email messages or other kinds of messages included in such material. Terms such as “we”, “us” and “our” refer to Where is my Wine.
2.0 Privacy
We recognize the importance of safeguarding your information. This section covers information we collect about you and that you and others provide to us through the Products.
2.1 Information you and others provide
2.1.1 Information and Content you provide
We collect Content, communications and other information that you provide when you use the Products, including when you register for an account, create or share Content or communicate with other users through the Products. This can include information contained in or about any Content (e.g. metadata), including, for example, the location of where a photo was taken or the date a file was created or edited.
2.1.2 Your connections
We may collect information about the users, companies, events, accounts, pages, hashtags and groups that you are connected to and how you interact with them through the Products.
2.1.3 Your usage
We may collect information about how you use the Products, including the Content you view or engage with; the features of the Products that you use; any actions you take; the people, companies and accounts that you interact with; and the time, frequency and duration of your activities.
2.2 Device information
We collect information from and about the computers, phones or other devices that you use to use the Products. Information we collect from these devices include:
- Device attributes including the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types and plugins.
- Operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded or cursor movements.
- Unique identifiers and devices IDs.
- Information about Bluetooth and Wi-Fi access.
- Information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
- Information relating to your connection including the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address and connection speed.
- Data from cookies stored on your device.
2.3 Information
2.3.1 Use of information
We may use the information obtained to provide, support and develop the Products, specifically:
- Location-related information (e.g. your current location; where you live; events you attend; and nearby people, businesses and events) to personalize and improve the Products.
- Information about your use to develop, test and improve the Products.
- Information about your connections and activities are used to select and personalize ads, offers and other sponsored content.
- Information about your activity to help advertisers and other partners measure the effectiveness and distribution of their ads and services.
- Information is used to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of the Products and promote safety.
- Contact information is used to communicate with you respecting the Products, the Terms and Conditions and marketing communications.
2.3.2 Sharing of information
Information obtained may be shared in the following ways:
- When you share or communicate to others using the Products, you choose to share that information with others in the Products.
- When Content is shared or reshared about you using the Products.
- Information about your active status or presence on the Products.
- Information may be shared with any apps, websites and third-party integrations on or using the Products.
- Information about your activity to help advertisers and other partners measure the effectiveness and distribution of their ads and services would only be provided to third parties in a non-user attributable form.
- If the ownership or control of all or part of the Products or their assets change, we may transfer your information to a new owner.
Except as mentioned in these Terms and Conditions and Additional Terms (as herein defined) or unless we have your express consent, we will not otherwise sell, rent share or trade your information to any third party, except to internal service providers that we use to facilitate or outsource one or more aspects of the operation of our Products or our business. These internal services providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any purpose other than to facilitate the specific outsourced related operation, unless you have explicitly agreed or given your prior consent to them for additional uses.
From time to time, we may be required to provide information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others or ourselves.
2.3.3 Retention, security and access to information
We only retain your information for as long as is necessary for us to use your information for the Products or to comply with our legal obligations.
We will use reasonable security measures to protect your information against unauthorized access.
If you require access to the information we hold about you, please send your request in writing to grapeideas@whereismywine.ca. Any request may be subject to a prescribed fee, where we are legally permitted to charge in order to meet our costs in providing you with details of the information we hold about you.
2.3.4 Managing and deleting information
We provide you with the ability to access, rectify, port or erase your data. We store data until it is no longer necessary for the Products or until your account is deleted, whichever occurs first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed and relevant legal or operational retention needs.
We do not knowingly collect or solicit personal information from individuals under the age of majority. If you are under the age of majority, you should not register or use the Products. If we later obtain actual knowledge that a user is under the age of majority, we will take steps to remove that user’s personal information from our systems. If you believe that we might have any information from or about a person under the age of majority, please contact us at grapeideas@whereismywine.ca
3.0 Use of Products
3.1 Restrictions on use
As a condition of your use of the Products, you agree that you will not:
- use the Products if it is prohibited under applicable laws where you are located;
- use the Products for any purpose that is unlawful under applicable laws, prohibited by these Terms and Conditions or violate any third party rights;
- use the Products if you are unable to form legally binding contracts, are under the age of majority, or are temporarily or indefinitely suspended from using the Products;
- impersonate any person or entity, including, but not limited to, a Where is my Wine official or falsely state or otherwise misrepresent your affiliation with a person or entity;
- represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Products in any way that brings us or any third party into disrepute or causes us to be liable to any third party;
- transfer your account to another party without our prior written consent;
- distribute viruses or any other technologies that may harm us or the interests or property of our users;
- copy, modify, distribute, transmit, license, sublicense, display, revise, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Product except as permitted by us under these Terms and Conditions;
- copy, modify, or distribute content from the Products’ copyrights and trade-marks; or
- harvest or otherwise collect, use or disclose personal information about users, including email addresses, without their prior consent or not in compliance with applicable data protection and privacy laws.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our affiliates; or
- interfere or attempt to interfere with the proper working of the Products or any activities conducted within the Products.
3.2 Copyright license
When you send, submit, post or display any Content in the Products, you retain copyright and any other rights you already hold in such Content. By sending, submitting, posting or displaying any Content in the Products, you grant us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license (through multiple tiers) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. This license is for the sole purpose of enabling us to operate the Products.
3.3 Responsibility for Content
You agree that you will not upload, post, email, transmit, or otherwise make available any Content that: (i) is false, inaccurate, misleading, defamatory, libellous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexually explicit, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any party; or (iv) would constitute unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of illegal solicitation.
3.4 Right to remove or disclose Content
You acknowledge that while we do not pre-screen Content, we have the right to refuse or remove any Content that is available through the Products that violates these Terms and Conditions or is otherwise objectionable in our discretion. You acknowledge and expressly consent to us, accessing, preserving, and disclosing your account information and Content if required to do so by law or if in good faith it believes that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety or security of us, its affiliates, their users and the public.
3.5 Practices and limits concerning use
You acknowledge that we may establish general practices and limits concerning use of the Products, including without limitation the maximum number of days that uploaded Content will be retained, the maximum number of Content that may be uploaded by an account, the maximum size of message or Content that may be uploaded by an account, and the maximum number of times (and the maximum duration for which) you may access or use the Products in a given period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3.6 Ownership, use and intellectual property rights
All intellectual property rights in the Products are owned by us or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
Nothing in these Terms and Conditions grants you any rights in the Products other than as necessary to enable you to use the Products. You agree not to adjust to try to circumvent or delete any intellectual property notices contained in the Products and in particular in any digital rights or other security technology embedded or contained within any content in the Products.
3.7 Signing in
You will sign in to use the Products with your Apple, Google, or other third party account using the associated third party account linking. You agree to use your own associated third party account containing true, accurate, current and complete information about yourself and maintain and promptly update this data to keep it true, accurate, current and complete at all times. You understand and agree that you are solely responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under such account. You agree to: (i) immediately notify us of any unauthorized use of your account or any other breach of security; and (ii) exit from your account at the end of each session.
3.8 Termination of services
Without limiting other remedies, we may in our sole discretion, limit, suspend, or terminate user accounts, prohibit access to the Products, and take technical and legal steps to keep users from using the Products, remove and discard any content, for any reason, including, without limitation: (i) accounts that are unconfirmed or which have been inactive for a period of over six months; (ii) if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions; (iii) request(s) by law enforcement or other government agencies; (iv) if you provide any information that is untrue, inaccurate, not current or incomplete in your account, or we have reasonable grounds to suspect that you have done so; (v) a request by you; (vi) discontinuance or material modification to the Products (or any part thereof); (vii) unexpected technical or security issues or problems; (viii) in compliance with legal process; (ix) if you have or we believe you have engaged in illegal activities, including without limitation, fraud; or (x) non-compliance with data protection and privacy laws which may apply.
You acknowledge and agree that any termination of your access to the Products under any provision of these Terms and Conditions may be effected without prior notice and that we may immediately deactivate or delete your account and all related Content. You agree that we are not liable to you or any third-party for termination of your account, or termination of your use of the Products.
3.9 Hyperlinks and third party sites
The Products may contain links to other websites or content. We have no control over such third party’s websites and resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not 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 advertising, products, or other materials on or available from such websites or resources.
4.0 Liability
4.1 Limitation of liability
You will not hold us or our affiliates responsible for other users’ content, actions or inactions, which are made through use of the Products. We have no control over and do not guarantee the quality, safety or legality of products or services advertised in any user’s content. We assume no responsibility for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such Content posted in the Products.
To the maximum extent permitted by law, you expressly understand and agree that we, our affiliates and our licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, damages for loss of profits, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (even if we or our affiliates have been advised of the possibility of such damages), resulting from the use or the inability to use the Products or any matter relating to the Products including without limitation: (i) any changes which we may make to the Products, or for any permanent or temporary cessation in the provision of the Products (or any features in the Products); (ii) the deletion of, corruption of, or failure to send, display or store, any ads, content and other communications data maintained or transmitted by or through your use or other users’ use of the Products; or (iii) your failure to provide us with accurate account information or to keep your password or account details secure and confidential.
You expressly understand and agree that to the maximum extent permitted by law:
- Your use of the Products is at your sole risk. The Products are provided on an “as is” and “as available” basis. We assume no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any user communications or Content. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
- We make no warranty that (i) the Products will meet your requirements; (ii) the Products will operate uninterrupted, in a timely manner, securely, or error-free; (iii) the results that may be obtained from the use of the Products will be accurate or reliable; and (iv) the quality of any products, the Products, information, or other material purchased or obtained on you through the Products will meet your expectations.
- Any material downloaded or otherwise obtained through the Products are done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from us or our affiliates or through or from the Products shall create any warranty not expressly stated in these Terms and Conditions.
Notwithstanding any other provision of these Terms and Conditions, we do not exclude or limit our liability for any statutory rights which are not capable of being excluded.
If you are dissatisfied with the Products or any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Products. The foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose.
4.2 Release
If you have a dispute with one or more users, you release us, (our affiliates) and licensors (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4.3 Indemnity
You agree to indemnify and hold us, our affiliates and licensors (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach or violation of these Terms and Conditions, of any content which you submit, post, transmit or make available through the Products, your use of the Products, your connection to the Products, or your violation of any rights of another or your violation of any law or the rights of a third party.
5.0 General
5.1 Changes to Terms and Conditions
These Terms and Conditions are effective on May 1, 2020. No changes to these Terms and Conditions are valid or have any effect unless agreed upon by us in writing. We reserve the right to vary these Terms and Conditions from time to time. Our new Terms and Conditions will be accessible through the Products and by continuing to use and access the Products following such changes, you agree to be bound by any variation made by us. It is your responsibility to read these Terms and Conditions to verify such variations.
5.2 Additional terms
These Terms and Conditions may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific content, goods or services made available or supplied by us using the Products. Additional Terms will be made accessible by you for your acceptance. Additional Terms shall prevail to the extent there is any conflict or inconsistency with any other of these Terms and Conditions.
5.3 Other terms
Questions, comments, complaints, inquiries and requests should be sent to grapeideas@whereismywine.ca
If any part of these Terms and Conditions are unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected. If we choose not to enforce any right that we have against you at any time, this does not prevent us from later deciding to exercise or enforce that right.
These Terms and Conditions together with any Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Products and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms and Conditions to any other person.
These Terms and Conditions shall be construed in accordance with and governed by the laws in effect within the Province of Alberta.
The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
Credits
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.
IOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under license. Other product and company names mentioned herein may be trademarks of their respective companies.