Terms and Conditions
Last updated: April 2018
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website nzwinenav.com, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by NZ Winery Direct LLC (“NZ Wine Navigator,” “New Zealand Wine Navigator,” “we,” “us,” “our”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF NZ WINE NAVIGATOR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
- ACCESS TO THE SERVICES
This Site is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way. If you consider any material on this Site to be inappropriate or offensive, please do not visit this Site.You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by NZ Wine Navigator and that you will not access NZ Wine Navigator by any other means other than through the interface provided.In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to NZ Wine Navigator will always be accurate, correct and up to date.
You agree that you will not reproduce, copy, sell, barter, or trade any information you access on NZ Wine Navigator.
You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage NZ Wine Navigator may suffer. You also agree that NZ Wine Navigator has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.
- WEBSITE CONTENT
The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.“Trade” or “Wholesale” customers may download or copy the Content (and other items displayed on the Website for download) for promotional use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from NZ Wine Navigator or from the copyright holder identified in such NZ Wine Navigator’ copyright notice.
You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that NZ Wine Navigator retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that NZ Wine Navigator will not be liable for any errors or omissions in any content. You understand that NZ Wine Navigator cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, NZ Wine Navigator cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will NZ Wine Navigator be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
- YOUR WARRANTY
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without NZ Wine Navigator’ prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of NZ Wine Navigator; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. NZ Wine Navigator reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if NZ Wine Navigator is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not NZ Wine Navigator, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to NZ Wine Navigator and to grant NZ Wine Navigator the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
- WARRANTY DISCLAIMER
NZ Wine Navigator has no special relationship with or fiduciary duty to you. You acknowledge that NZ Wine Navigator has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release NZ Wine Navigator from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. NZ Wine Navigator makes no representations concerning any content contained in or accessed through the Services, and NZ Wine Navigator will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. NZ Wine Navigator makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from NZ Wine Navigator or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- REGISTRATION AND SECURITY
As a condition to using some aspects of the Services, you may be required to register with NZ Wine Navigator and select a password and user name (“NZ Wine Navigator User ID”). You shall provide NZ Wine Navigator with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a NZ Wine Navigator User ID a name of another person with the intent to impersonate that person; or (ii) use as a NZ Wine Navigator User ID a name subject to any rights of a person other than you without appropriate authorization. NZ Wine Navigator reserves the right to refuse registration of or cancel a NZ Wine Navigator User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold NZ Wine Navigator, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Subject to our returns policy, any packages that are refused or unable to be delivered by our shipping carriers will be returned to the Vendor at your expense. We will refund to you any product costs minus shipping costs and any associated costs applicable. Our returns policy can be viewed at https://nzwinenav.com/shipping-and-returns/
All orders are subject to verification. We reserve the right to contact you by email or phone regarding your order. By placing an order on nzwinenav.com, you agree to be contacted for the above mentioned purposes and you confirm that you are able to receive NZ Wine Navigator’s customer service emails.
Our deliveries will take 1 to 2 days order processing plus shipping time. We reserve the right to delay shipments due to weather (extreme heat or cold) until conditions permit safe delivery of your order. If you would like us to send your order regardless of weather conditions, please notify us. By notifying us that you would like us ship in these circumstances, you agree that we will not be responsible for damage to the products shipped and that our returns policy does not apply.
We reserve the right to limit quantity while supplies last. Prices are subject to change without notice. NZ Wine Navigator is not responsible for typographical errors. Cancellations are subject to a 15% restocking fee. All In Transit and Pre Arrival sales are final.
- LIMITATION OF LIABILITY.
IN NO EVENT SHALL NZ WINE NAVIGATOR OR ITS VENDORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND NZ WINE NAVIGATOR’ REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history.The manner, mode, and extent of advertising by NZ Wine Navigator is subject to change without notice. In consideration for granting you access to and use of the Site, you agree that NZ Wine Navigator may access your data for advertising on the Site.
- THIRD PARTY WEBSITES
The Services may contain links to third party websites that are not owned or controlled by NZ Wine Navigator, or the Services may be accessible by logging in through a third party website or service. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. NZ Wine Navigator has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, NZ Wine Navigator will not and cannot monitor, verify, censor or edit the content of any third party site.By using the Services, you expressly relieve and hold harmless NZ Wine Navigator from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that NZ Wine Navigator shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that NZ Wine Navigator is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release NZ Wine Navigator, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
These Terms and Conditions constitute the whole legal agreement between you and NZ Wine Navigator and govern your use of the Site and completely replace all prior agreements between you and NZ Wine Navigator in connection with the Site.You acknowledge and agree that NZ Wine Navigator may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.You acknowledge and agree that each subsidiary and affiliate of NZ Wine Navigator shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
The Terms and Conditions and the relationship between you and NZ Wine Navigator shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions. You and NZ Wine Navigator agree that any cause of action, dispute or claim that may arise between you and NZ Wine Navigator shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
- Claims arising out of or related to any aspect of the relationship between you and NZ Wine Navigator, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising);
- And claims that may arise after the termination of these Terms and Conditions.
You agree that you and NZ Wine Navigator are each waiving the right to trial by jury or to participate in a class action. You and NZ Wine Navigator agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and NZ Wine Navigator agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. These Terms and Conditions evidence a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions.
You and NZ Wine Navigator each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located within the State of Nevada. Notwithstanding any other provision herein, you agree that NZ Wine Navigator shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
The failure of NZ Wine Navigator to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
When you use this Site, you may purchase a service or product that is provided by another person or NZ Wine Navigator. Your use of these other services and products may be subject to separate terms between you and the NZ Wine Navigator concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.
You acknowledge and agree that NZ Wine Navigator may terminate providing any services or the legal agreement between you and NZ Wine Navigator for any reason at any time. If at any time, the relationship between NZ Wine Navigator and you ends, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at hello@NZWineNav.com.