"Vinopatron" refers to Lavina Private Limited, the company who owns and operates this website, and its subsidiaries, related entities and assigns.
This Agreement (this "Agreement") is a binding agreement between you, as an individual or entity ("End User" or "you"), and Lavina Private Limited, ("Vinopatron", "we" or "our"). This Agreement governs your access and use of any Vinopatron's website or mobile application for Android, iOS or content or products and/or services made available through Vinopatron (collectively, the "Site"). Please read the Terms carefully before accessing and using the Site.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are of legal age to enter into a binding agreement; and (c) accept this agreement and agree that you are legally bound by its Terms. If you do not agree to these terms, do not use the site.
Amendment of Terms. Vinopatron may amend the terms from time to time. You agree that you will review these terms which is found on the website (Insert LINK here) periodically. You are free to decide whether to accept any amended version of the terms, but your continued access to or use of the Site after an amendment becomes effective constitutes your consent to be bound by the Terms, as amended. Your use of the Site will be subject to the version of the Terms in effect at the time of use.
Technology Platform. Vinopatron is a subscription membership that enables Vinopatron members to receive privileges at restaurants and food service providers (“Merchantsâ€Â) that partner with Vinopatron. Vinopatron itself is not a restaurant or food service provider and does not own, operate or control any of the restaurants or food service facilities. Vinopatron is not responsible for the preparation, safety or quality of any meals offered by its Merchants.
Collection and Use of Your Information. You acknowledge that when you use the Site, the Company may use automatic means (including, for example, cookies and web beacons) to collect information. You also may be required to provide certain information about yourself when using the Site. By using and providing information to or through the Site, you consent to all actions taken by us with respect to your information.
Legal Age. You acknowledge that the Site include, refer to, or contain content, features, products or services which make reference to alcohol. You acknowledge that you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you are therefore not permitted to access the Site. You expressly acknowledge and agree that any use of the Site in breach of the applicable laws or regulations in your country or residence or in your country of access will be at your sole risk and in no event will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising for or related to such use, whatsoever.
Third Party Materials. The Site may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (collectively, "Third Party Materials"). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Use of Vinopatron membership. Your Vinopatron membership is personal to you and not for the use or benefit of any third party, and you agree not to share your account with anyone else. You must inform us if you believe that there has been unauthorised access to your account.
Termination or Modification. You understand and agree that, at any time and without prior notice, Vinopatron may terminate, cancel, deactivate and/or suspend your subscription or your access to the Site and/or discontinue, modify, alter, or introduce any aspect, feature or policy of the Site or your membership. This includes the right to terminate or modify any Membership Plan prior to the end of any pre-paid or committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro rate refund of the prepaid portion of your subscription applicable. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Vinopatron will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.
Limitation of Liability. To the fullest extent permitted by applicable law, in no event will the company or its affiliates, or any of its or their respective service providers, have any liability arising from or related to your use of or inability to use the Site or the content and services for (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages, (b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the Site. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable, or the company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
Indemnification. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Site or your breach of this Agreement. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through the Site.
Entire Agreement. This Agreement, our Terms of Use and our Privacy Policy constitute the entire agreement between you and the Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
