HEADS OF TERMS
1) GastroMonth is pleased to welcome you to this Internet Site GastroMonth.com hereinafter “Site” or “Website”. As used in this Agreement the terms
a) “you” and “your” refers to a visitor or “User” of this Site, weather registered or not through a log-in and password.
b) “GastroMonth”, “us”, “our”, “we” refers to Wine Advocate Pte Ltd as the organiser of GastroMonth.
c) this “Site” or “Website” refers to GastroMonth.com and to the other digital platforms linked to it such as the Facebook and the Instagram page and Youtube postings of GastroMonth.
d) GastroMonth refers to the event organised by the Wine Advocate Pte Ltd
e) Materials refers to content whether editorial or commercial published on the site
f) Public Content and Submissions refer to Users postings on the Site or any other digital platforms linked to it such as the Facebook and the Instagram page of GastroMonth.
I. ACCEPTANCE OF TERMS
1) This Website is offered to Users conditioned on Users’ acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures (collectively, the “Terms”) that are published on this Website (the “Site”) by Wine Advocate Pte Ltd.
2) The following Terms govern Users’ access to and the use of the Website.
3) Users’ use of the Website constitutes Users’ agreement to all such Terms.
4) These Terms may be updated by us from time to time without notice to Users.
II. CHANGES OF TERMS
1) We reserve the right in our sole discretion, to change, modify the Terms and Conditions of this agreement, to change or discontinue all or part of the Website, temporarily or permanently, with or without notice to Users, and are not obligated to support or update the Website.
2) The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site.
3) Users’ continued use of the Website after the posting of the amended Terms on the Site constitutes Users’ affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended.
4) Users acknowledge and agree that we shall not be liable to Users or any third party in the event that we exercise our right to modify or discontinue all or part of the Website.
5) Users can view the most recent version of these Terms at any time here.
6) Should Users not agree to the changes, they should not use the Site and should arrange to cancel any registered account or subscription (if any) with us.
III. SITE ACCESS
1) Unless otherwise specified, you are granted a non-exclusive, non-transferable, limited right to access, use and display the Site and the material provided hereon for your use, provided that you comply fully with the provisions of the Site. You also understand that the information shared with you is for your personal use only and may not be suitable or applicable to others.
2) In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted (iii) restricting or terminating any user’s right to use the Site and/or any services and (iv) restricting or modifying in any manner any services that are available on the Site. You agree that any termination or cancellation or modification of your access to, or use of, the Site may be effected without prior notice.
3) If you do not abide by the terms set out hereby, except as we may otherwise provide from the time, you agree that we may immediately stop your visit to the Site and/or bar any further access to our Site (or part thereof). Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Site.
IV. USERS CONDUCT / LAWFUL USE
1) Users agree that use of the site is subject to all applicable laws and regulations. Users agree to abide by these laws and are solely responsible for the content of their communications through the Website and the other digital platforms linked to it such as the Facebook and the Instagram page of GastroMonth. Users agree to use the Site for lawful purposes only and to refrain from conduct on the Site or in connection with the Site that would constitute a criminal offense or give rise to civil liability, or constitute a violation of any law or regulation.
2) Users agree that their communications will not be obscene, indecent or offensive in any way.
3) The Site does not monitor the contents uploaded by the Users and depends on Users flagging (reporting) content that breaches terms and conditions. However, if Users are found to be involved in any unlawful usage of the Site, or if it is brought to our notice by other Users or copyright owners, Users will be advised to remove the materials immediately. We also reserves the right to remove such prohibited material without warning or notification to the Users.
4) If Users encounter such prohibited material on the Site, Users waive their right to any damages related to such exposure. Such material should be immediately reported to firstname.lastname@example.org.
5) In case of any violation of these Terms Wine Advocate Pte Ltd reserves the right to seek all remedies available by law and in equity for such violations.
1) The site and content therein is provided “as is,’ and GastroMonth disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any content.
2) We do not warrant, endorse, guarantee, or assume responsibility for any product, service or website advertised or offered, directly or indirectly through this Site or any hyperlinked site or featured in any banner or other advertising. We do not warrant any representations regarding the use or the results of the use of the products, offerings content and materials in the site in terms of their correctness, accuracy, reliability, or otherwise, made by licensors, licensees, service providers or product suppliers.
3) We further do not warrant that its Site will be secure or uninterrupted; nor that the information, links or other items contained within these materials will be accurate and complete or that there will be no failures, errors or omissions or loss of transmitted information or that no viruses will be transmitted.
4) We may make changes to these Materials at any time without notice. We make no commitment to update the Materials.
5) No oral advice or written information given by us, our employees, licensors or the like will create a warranty; nor may Users rely on any such information or advice.
VI. LIMITATION OF LIABILITY
As a condition of use of the Website, and in consideration of the Websites provided by Wine Advocate Pte Ltd, Users agree that neither Wine Advocate Pte Ltd, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Wine Advocate Pte Ltd, will be liable to Users or any third party for
1) any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Website, Site or Content.
2) damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Users’ access to and use of our website/ site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Users’ use of any content posted, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory.
3) If any portion of this limitation of liability is found to be invalid, liability, is limited to the fullest extent permitted by law.
Users agree to indemnify and hold Wine Advocate Pte Ltd, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, demands or liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of Content Users submit, post, transmit or from your use of material obtained through the Website, from Users’ use of the Website, Users’ connection to the Website, Users’ violation of the Terms, Users’ intentional or negligent violations of any applicable laws or governmental regulation, Users’ contractual relation with a third party, or Users’ violation of any rights including but not limited to rights relating to patent or copyright of another.
VIII. FEES AND PAYMENTS
GastroMonth.com is a Website with no access fees, payments are required for Users willing to purchase vouchers and tickets to specific events and services available for sale on the Site subject to the Users’ acceptance of our General Sales Conditions indicated hereunder.
1) Collecting your personal information
The personal information we collect from you when you register on this Site is used by us in providing services to you. It will not be sold or provided to any third parties except to the venues, event organisers and service or product providers relative to the events, products and services you have purchased on the Site as such third parties will need to identify you in order to grant you the access and services or products purchased.
2) Control of your personal information
We may occasionally allow other entities to provide information to our visitors and Users about their wine & dine related products or services. We will never provide any information to these entities other than your email address. We will only do that if you specifically agree to it at the time you register.
3) Security of your personal information
a) We carefully protect your data from loss, misuse, unauthorized access or disclosure, alternation, or destruction. Data is stored in password-controlled servers with limited access.
b) You also have a significant role in protecting your information, do not share your ID and password with others.
X. PROPRIETARY RIGHTS
1) The Site contains copyrighted material, content, trademarks and other proprietary information including, but not limited to, photos, graphics, text, software, music, sound and videos. GastroMonth owns all intellectual property rights in the collective and entire work placed on the Site. You are prohibited from, and agree not to publish, copy, or in any way exploit, any of the content of the Site, in while or in part. Except as otherwise expressly permitted under copyright law, no copying, publication, or commercial exploitation of material accessed or downloaded from the Site will be permitted without the express written consent of GastroMonth.
2) When Users post Public Content, Users hereby grant or warrant that the owner of the Content grants us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to the Users. By posting or providing Public Content, Users represent and warrant that public posting and use of Users’ Public Content by us will not infringe on or violate the rights of any third party. The items presented on this Site may be modified without notice and are provided with no guarantee whatsoever, whether express or implied, and may not give rise to any right to compensation.
3) If Users download, print or display any GastroMonth.com Content for personal use, Users must retain and not cover or obscure all copyright and other proprietary notices. Users may not use any metatags or other “hidden text” utilizing the GastroMonth.com name or trademarks or Website marks without our express written consent.
5) Wine Advocate Pte Ltd reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site or violation of the Terms and Conditions.
Wine Advocate Pte Ltd reserves the right to suspend or end the Website at any time at its discretion and without notice and may suspend or terminate Users’ use of the Website if Users are not complying with these Terms, or use the Website in a manner that would involve Wine Advocate Pte Ltd’s legal liability, disrupt the Website or disrupt others’ use of the Website.
XII. WAIVER, SEVERABILITY & ASSIGNMENT
Wine Advocate Pte Ltd’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Users may not assign any of Users’ rights under these Terms, and any such attempt will be void. Wine Advocate Pte Ltd may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Website.
XIII. COMPLETE AGREEMENT
This is the complete Agreement with respect to your use of the Site. Nothing published or stated elsewhere (other than in the Usage Guidelines) should be viewed as a modification of this Agreement.
XIV. GOVERNING LAW AND JURISDICTION
The jurisdiction for any legal action or proceeding in relation to the use of the Site shall be the Republic of Singapore. You expressly agree to submit to the venue of courts in the Republic of Singapore.
XV. EQUITABLE RELIEF
Your breach of this Agreement may cause irreparable damage that cannot be readily remedied by monetary damages in an action at law and may also constitute an infringement of trademark rights and copyright rights. As such, you agree to the entry of an immediate injunction, in addition to any other remedies available at law or in equity, to stop or prevent any irreparable harm, loss or dilution as result of a breach of this Agreement.
XVI. GENERAL SALES CONDITIONS
The General Sales Conditions hereunder apply to all sales transactions conducted by GastroMonth through the Site. GastroMonth reserves the right to amend the terms of the General sales Conditions as necessary.
1) Sales of tickets to events and of wine & dine vouchers
a) Event tickets as well as Vouchers redeemable at establishments participating in the GastroMonth wine & dine experiences are sold on the Site.
b) You will be notified by email and receive an e-ticket or e-voucher that serves as proof of payment and provides you access by handing over a printed copy of the email at the venue, you may be requested to provide an identification.
c) We accept payments made with major credit cards and PayPal.
d) By placing an order for an event or dining experience that involves the tasting or consumption of wines, you warrant that you and all voucher/ticket holders are of legal drinking age in Singapore.
2) Cancellations & Refunds
No returns or refunds and no exchange are offered.
The descriptions of events, venues, services and products as well as their representations on the Site are indicative only for the purpose of illustration and are subject to change. The actual food served may differ in terms of size and appearance in general from the description provided on the website as indicare above in section VI-2.