AFFILIATE DISCLOSURE
Some of the links on this website are affiliate links. This means that, at no additional cost to you, Wines Curated may earn a commission if you click through and make a purchase through one of these links.
We only feature products, brands, and services that we personally believe may be of value to our readers. However, all purchases and customer service issues remain the responsibility of the third-party sellers. Our affiliate partnerships help support the content and maintenance of this website, and we appreciate your trust.
Wines Curated Terms and Conditions
The following terms and conditions (“T&Cs”) shall govern the relationship between users/visitors and www.winescurated.com ( “Website” or “Wines Curated”).
1. General Provisions
1.1 This Website is intended exclusively for the use of persons that are 21 years old or older. By accessing or using the Website, users/visitors agree to be bound by these T&Cs. If there is disagreement with any of the provisions set out in the T&Cs immediately of Website usage and the Services is required.
1.2 THE WEBSITE DOES NOT OPERATE AS AN ONLINE SHOP AND DOES NOT ALLOW USERS OR VISITORS TO PLACE ORDERS DIRECTLY. ALL CONTENT, INCLUDING PUBLISHED ARTICLES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE CONSTRUED AS A WARRANTY OR GUARANTEE OF ANY KIND REGARDING THE BRANDS OR PRODUCTS FEATURED ON THE SITE. WINES CURATED IS NOT RESPONSIBLE FOR ANY PURCHASES, SHIPPING, OR POST-ORDER ISSUES THAT MAY ARISE FROM TRANSACTIONS MADE ON THIRD-PARTY WEBSITES WE FEATURE. ANY SUCH MATTERS ARE THE SOLE RESPONSIBILITY OF THE RESPECTIVE THIRD-PARTY SELLERS, INCLUDING ALL ASPECTS OF ORDER FULFILLMENT, CUSTOMER SERVICE, AND AFTER-SALE ASSISTANCE.
1.3 BY AGREEING TO THESE TERMS AND CONDITIONS, USERS AND VISITORS WAIVE THEIR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL AGAINST WINES CURATED, WHERE SUCH WAIVERS ARE PERMITTED BY LAW, AND AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION.
1.4 The privacy policy should be carefully reviewed (“Privacy Policy”) before using the Website and/or the Services (defined below). Disagreement with the terms of the Privacy Policy necessitates immediate discontinuation of the Website and Services.
1.5 The operation of the Website is managed by United Growth Holding Limited a company incorporated in Malta, with registered address at Block I, Belmonte Heights, St Ignatius Street, Sliema SLM 2030, Malta ( “Wines Curated”, “we”, “our”, or “us”).
1.6 The terms “user” “visitor” in these T&Cs refer to any person who accesses or uses the Website or the Services.
1.7 In these T&Cs, words in the singular shall include the plural and vice versa, and words referring to any gender shall be deemed inclusive of all genders.
2. Services
2.1 The Website offers users information on wines, wines stores, online wine stores, alcoholic and non-alcoholic beverages, wine courses, wine tasting guides, domestic and/or international travel, home and kitchen accessories, third party promotions, third party offers, and news (hereinafter collectively referred to as the “Services”).
2.2 The Services are provided for informational purposes only and are intended exclusively for users and visitors in jurisdictions where their use is legally permitted. It is the sole responsibility of each user or visitor to ensure compliance with all applicable laws, regulations, and directives governing the use of the Website and its Services in their respective location.
2.3 By using the Website and the Services, users and visitors agree to the following:
a) That they are located in a jurisdiction where the use of the Website and/or Services is legally permitted.
b) Not to access the Website or use the Services from any jurisdiction where such access or use is prohibited or illegal.
3. Limitations of Use—Legal Age
3.1 The Website, the Services, and any material displayed therein are not intended for users who have not reached the legal age required in their jurisdiction. The legal age may vary depending on the user’s state/country of residence; therefore, users and visitors are responsible for ensuring compliance with applicable age restrictions. Notwithstanding the foregoing, individuals below the age of 18 (outside US) or 21 (within US), are strictly prohibited from using the Website and the Services in any capacity.
4. Representations
4.1 By using the Website, users and visitors represent and warrant that:
a) They are of legal age in their country of residence and are using the Website and Services in compliance with the legal requirements and limitations applicable in their jurisdiction.
b) They will use the Website in accordance with these Terms and Conditions and will not engage in any illegal or unauthorized activities.
5. Intellectual Property Rights
5.1 Wines Curated, its affiliates, and its licensors respectively retain ownership of all software, data, written materials, and other content, including but not limited to logos, graphics, artwork, images, videos, and text available on or through the Website (collectively referred to as “Website Content”). The removal or infringement of any copyright or proprietary notice on the Website or Website Content is strictly prohibited.
5.2 The Website also contains hyperlinks to third-party websites, services, products, brands, trademarks, and/or content (collectively referred to as “Third Party Content”). Wines Curated is not responsible for any Third Party Content and makes no guarantees regarding its accuracy or quality. All Third Party Content made available or displayed on the Website is owned by the respective third parties or their affiliates or licensors, who retain all rights to such content. Users and visitors shall not infringe upon or exploit any Third Party Content or other intellectual property present on the Website.
5.3 Users and visitors are solely responsible for their use of any Third Party Content or services, and do so at their own risk.
5.4 By using the Services or visiting the Website, users and visitors do not acquire any rights to the Website Content or the Third Party Content.
6. Content Created by Users
6.1 Users/visitors must interact politely with other users/visitors of the Website and must avoid engaging in inappropriate, indecent, insulative or bullying behavior.
6.2 It is strictly prohibited to transmit, upload, post, or make available User Content (as defined below) or any other content that violates applicable laws, incites violence, infringes intellectual property rights, promotes unlawful activity, or is harmful or offensive.
6.3 Wines Curated might permit users to transmit, upload, post, email, or otherwise make available posts, comments, articles, data, text, software, music, images, videos, messages, or other materials (hereinafter the “User Content”) on the Website. Users/visitors are solely responsible for User Content generated by them, and Wines Curated, its affiliates or licensors have no liability concerning it. By providing User Content, users/visitors grant Wines Curated, its affiliates, and its licensors a perpetual, irrevocable, transferable, worldwide license to use, copy, distribute, sub-license, reproduce, display, modify, create derivative works, and more based on the User Content for various purposes, including sales, promotion, and advertising. Users/visitors waive all moral rights to the User Content and acknowledge that Wines Curated, its affiliates, and its licensors are not obligated to monitor or review User Content.
6.4 Wines Curated may edit or remove User Content as deemed appropriate in its sole discretion.
6.5 Personally identifiable information submitted by users/visitors may be read, collected, or used by other users, visitors, or third parties. Wines Curated and its affiliates are not responsible for any personally identifiable information or User Content users/visitors choose to submit.
7. Prohibited Use
7.1 When accessing and using the Website, users/visitors irrevocably agree not to:
a) Damage or otherwise harm the reputation of Wines Curated;
b) Distribute malware, viruses, or any other harmful code or content to the Website;
c) Attempt to access or gather personal data of other users/visitors;
d) Engage in activities such as copying, redistributing, reverse engineering, modifying, or creating derivative works based on Website Content, Third Party Content, or User Content;
e) Disclose any Website related data to third parties;
f) Use the Website, the Services, the Website Content, Third Party Content, or User Content for illegal activities;
g) Alter, lease, copy, distribute, display, reproduce, publish, license, or sell any Website Content, Third Party Content, or User Content; and
h) Collect data from the Website, perform data scraping or employ any automated methods to access it.
8. DISCLAIMERS
8.1 USERS/VISITORS’ ACCESS, USE OF THE WEBSITE, AND SERVICES ARE AT THEIR SOLE RISK AND DISCRETION. THE WEBSITE, SERVICES, AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. WINES CURATED, ITS AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND ACCURACY.
8.2 WINES CURATED MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR MATERIALS WILL MEET USER/VISITOR’S REQUIREMENTS, BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES, MALWARE, OR BUGS.
8.3 WINES CURATED IS NOT RESPONSIBLE FOR ANY PRODUCTS, PROMOTIONS, OFFERS, GUARANTEES, OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES FEATURED ON THIS WEBSITE, WHETHER BEFORE OR AFTER YOU LEAVE OUR WEBSITE.
8.4 THE PRICES DISPLAYED ON THIS WEBSITE FOR ANY PRODUCT OR SERVICE REFLECT THE RATES AVAILABLE AT THE TIME THE CONTENT WAS PUBLISHED. SUCH PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. CUSTOMERS SHOULD REFER TO THE CURRENT PRICING DISPLAYED ON THIRD-PARTY WEBSITES FOR THIRD-PARTY PRODUCTS OR SERVICES, AND TO THE UPDATED PRICES IN THE CASE OF SERVICES DIRECTLY PROVIDED BY WINES CURATED. WINES CURATED SHALL NOT BE HELD LIABLE FOR ANY PRICE CHANGES OR DISCREPANCIES.
9. LIMITATION OF LIABILITY
9.1 WINES CURATED, ITS AFFILIATES, AND/OR LICENSORS SHALL NOT BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO USERS/VISITORS’ USE OR ACCESS TO THE WEBSITE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO BUSINESS LOSS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER CONSEQUENTIAL LOSS. WINES CURATED IS NOT LIABLE FOR THE CONTENT ON ANY LINKED WEBSITE.
9.2 WINES CURATED SHALL NOT BE LIABLE FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE, THE SERVICES OR THE SERVICES PROVIDED BY ANY THIRD PARTIES.
10. INDEMNIFICATION
10.1 BY USING THE WEBSITE OR SERVICES, USERS/VISITORS AGREE TO INDEMNIFY AND HOLD WINES CURATED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND/OR SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, FINES, COSTS, AND EXPENSES, INCLUDING LEGAL FEES, ARISING, DIRECTLY OR INDIRECTLY FROM:
A) ANY BREACH OF THESE T&CS;
B) ACCESS AND USE OF THE ,WEBSITE OR SERVICES;
C) VIOLATION OF ANY APPLICABLE LAW, REGULATION OR DIRECTIVE;
D) NEGLIGENCE OR WILLFUL MISCONDUCT.
10.2 USERS/VISITORS AGREE TO IMMEDIATELY NOTIFY IN WRITING WINES CURTED OF ANY CLAIMS AND NOT SETTLE ANY CLAIM WITHOUT WINE CURATED’S CONSENT. THE INDEMNIFIED PARTIES MAY ASSUME THE DEFENSE OF ANY CLAIM, AND USERS/VISITORS SHALL COOPERATE WITH REASONABLE REQUESTS FOR INFORMATION AND ASSISTANCE. USERS/VISITORS MAY EMPLOY SEPARATE COUNSEL FOR CLAIMS AND PARTICIPATE IN THEIR DEFENSE.
11. Termination
11.1 Wines Curated reserves the right to terminate these terms and conditions, as well as user access to the Website and Services, without prior notice if:
a) a breach or suspected breach of these T&Cs occurs;
b) prohibited use as defined in Section 7 takes place;
c) the user/visitor violates any applicable law, regulation, statute, or directive governing access to or use of the Website or Services;
d) Wines Curated reasonably believes that the user’s or visitor’s use of the Website or Services causes harm or potential harm to the Website, other users or visitors, or third parties.
11.2 Users and visitors acknowledge that any violation of these T&Cs could cause significant harm to Wines Curated. Accordingly, equitable remedies, including but not limited to specific performance and injunctive relief, may be pursued without the need to prove specific damages.
11.3 The provisions of Sections 5, 6, 7, 8.3, 9, 10, 13, and 17 shall survive the termination or expiration of these T&Cs and shall remain in full force and effect.
12. Changes in T&Cs
12.1 Disagreement with any terms or conditions in these T&Cs requires immediate cessation of Website and Services usage. Wines Curated reserves the right to amend these T&Cs periodically, with such changes becoming effective immediately upon publication on the Website. Users/visitors’ continued access to the Website and/or use of the Services implies their acceptance of the revised T&Cs. Users/visitors are responsible for staying informed of the latest terms and conditions by regularly reviewing the T&Cs and the Privacy Policy.
12.2 Wines Curated retains discretion to terminate or suspend users/visitors access to the Website and to the Services, without any financial compensation to users/visitors at its sole discretion and for any reason, including but not limited to breach of these T&Cs.
13. Severability
13.1 If any provision of this T&Cs is found invalid or void, the remaining provisions shall remain valid and unaffected.
14. Miscellaneous
14.1 No waiver by Wines Curated of any term or provision of these T&Cs shall be construed as a waiver of any subsequent breach or default.
14.2 These T&Cs do not create any rights or benefits for third parties, nor do they establish an agency, partnership, trust arrangement, fiduciary relationship, or joint venture between Wines Curated and any user or visitor.
15. Assignment
15.1 Wines Curated reserves the right to transfer, assign, sublicense, or pledge these T&Cs, in whole or in part, without user/visitor’s consent, to entities within the same corporate group as Wines Curated or to third parties in the event of corporate transactions. Users/visitors must not transfer or assign their rights or obligations under these T&Cs in any manner.
16. Entire Agreement
16.1 These T&Cs constitute the entire agreement between users/visitors and Wines Curated and replace and supersede any prior T&Cs related to the users/visitors’ use of the Website and Services. Users/visitors acknowledge that they have not relied on any warranties or representations other than those expressly made by Wines Curated in these T&Cs.
17. GOVERNING LAW AND JURISDICTION
17.1 THESE T&Cs AND USER/VISITOR’S USE OF THE WEBSITE AND SERVICES ARE GOVERNED BY THE LAWS OF MALTA, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. ANY DISPUTE OR CLAIM RELATED OR IN ANY WAY CONNECTED WITH THESE T&C, THE WEBSITE OR THE SERVICES SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE MALTESE COURTS.