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Terms and Conditions of Use
Welcome to the Terms & Conditions of www.thewineclub.in, a company registered in India with offices in Bangalore and Kolkata.

www.thewineclub.in is conditional upon the acceptance of the herein laid out Terms & Conditions, including the Privacy Policy, Disclaimer and all other conditions.

Any use by you of the website operated by www.thewineclub.in (the 'Site') is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. See box below for a summary of updates. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.

This Site is intended for use by you only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the site. Proving your age in this context is your sole responsibility. 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 should leave the Site immediately.

IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW.

www.thewineclub.in reserves the right to alter or amend the Terms & Conditions at any time without prior notice and it is the responsibility of the visitors to periodically check the website for updates to the Terms & Conditions that will come into effect immediately subsequent to them being posted. Continued use of the website by the visitors will be deemed acceptance of all the Terms & Conditions.

The website (including the Guest Areas) is set up to provide information about wine to visitors and connoisseurs of the drink and should not be confused with or construed to be any form of online promotion, advertising or surrogate advertising. This website (including the Guest Areas) is intended for use by Guest Users (visitors) only if they are of the legal age to consume and or purchase alcohol in their City/state/country of residence as well as from the country from which they are accessing the website. If the Guest Users do not fall within the category, Guest Users may be in breach of laws and regulations applicable in the City/state/country of residence or the city/state/country of access and hence Guest Users should leave the current website immediately.

Terms & Conditions of Use

Copyright www.thewineclub.in 2008. All rights reserved.

The Terms & Conditions of Use governs the entire website including the areas that are accessible by Guest Users or visitors visiting the Website and being able to peruse/surf the web pages without having to register or apply for any membership.

It is to be noted that the Terms & Conditions of Use hereinafter mentioned may be amended from time to time, and it is strongly recommended that users of the site check them each time they visit this site.

1. Definition

In the context of these Terms & Conditions of Use, certain words shall have specific meanings: "Website" means all the pages of information, data, graphics, images, computer instructions and hyperlinks published on, or available through the World Wide Web, which are under the control of www.thewineclub.in but not pages, information, data, graphics, images, computer instructions or hyperlinks published on other websites, servers etc. not under the control of www.thewineclub.in. "Guest Users" or visitors would refer to any individual(s), company, organization or any entities who are legally allowed to access this Website in the city/state/country of their residence or city/state/country of access and who access the areas of this particular Website which can be visited without prior need for any registration.

2. Privacy Policy

The Privacy Policy is related to the kind of information that may be collected from the Guest Users who visit the instant website, and how the collected information may be used. It is pertinent to note that although this website may provide links to other websites, the policy referred to here only applies to the web pages hosted by www.thewineclub.in.

Guest Users might be requested for some information from time to time to ensure that better information related to services or products offered by www.thewineclub.in can be provided to the said visitors/Guest Users.

www.thewineclub.in may store this information manually or electronically and Guest Users or visitors, by supplying the said information, are giving consent to www.thewineclub.in for keeping the information and using it for purposes for which it was supplied in the first place.

During surfing Guest Users' or visitors' computers may be sent a file called cookie for the function of managing and improving services of the website and making subsequent user visits better and more effective. Cookies do not contain any information that can be termed as personally identifying and do not contain any kind of instructions harmful to the visitor computers. Guest Users can set their web browsers (Internet Explorer etc.) to refuse cookies or even warn them before accepting them. The website may use cookies to speed navigation, provide or facilitate better information to Guest Users and provide content that can be tailored to suit the needs of the visiting Guest Users. The website may also use cookies to remember some of the information that Guest Users provide from time to time so that the Guest Users do not need to re-enter the data each time they visit the website. The cookies also help in making improvements and updates to the website. However it is possible that certain portions or links of the website may not work properly and effectively if all cookie files are blocked by the visitor web browser.

Information collected from Guest Users will not be sold to any third parties, or provided to direct marketing companies or other such organizations without permission. Statistical information about surfing behaviour might be collected and utilized to analyze efficacy of website content. Disclosure of this information will be in statistical form only and would therefore not reveal individual users.

www.thewineclub.in may automatically receive and collect certain information via standard logs through the Web server including the IP Address (assigned to the computer by the Internet Service Providers used by visitors or Guest Users), the pages visited or accessed, the links clicked on the website as well as the number of times visitors or Guest Users access any particular page. The anonymous web traffic information can be helped to effectively diagnose problems with web server, administer the Website or even to analyze visitor or Guest User session information in order to better understand the usage of the website.

www.thewineclub.in does not sell, rent or share any Personally Identifiable Information (PI!) of the visitors or Guest Users to third parties unless [i] prior consent or permission is obtained from such visitors or Guest Users, or [ii] such disclosure is mandatory to facilitate any kind of legal investigations, or is mandatory in the prevention of any unlawful and illegal activities or threat to the security of any person or public, prevention of any activity that contravenes public policy or principles of morality, and also to prevent any such activities that jeopardizes or is likely to jeopardize national security; or [iii] such disclosure is resultant from compliance with court orders, subpoenas or orders from law enforcement or investigation authorities. Disclosure of such Personally Identifiable

Information (PI!) may also be required in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence where the relevant Government Authority (i.e. the Controller or any of his delegated authority) requires assistance in such disclosure or decryption of information.

It is to be noted that failure on behalf of the website owner or content/service provider to assist the relevant Government Authority will incur punishment under Section 69 of The Information Technology Act 2000 which is currently an imprisonment for a term which may extend to seven years and hence www.thewineclub.in will, if required, disclose information as and when required under the prevalent laws of India.

3. Intellectual Property

All information (data, images, logo, graphics etc.) presented in the instant website is copyrighted to www.thewineclub.in unless it is explicitly stated otherwise. All information is copyright, irrespective of whether a copyright symbol/statement is present. For the avoidance of doubt, framing of this site or any part of thereof on a third party website is not permitted without express permission.

www.thewineclub.in is the owner and/or authorized user of all trade/service marks, designs, patents, copyright, database rights and all other intellectual property available on or visible in the Website, unless expressly indicated. The use of this Website does not at any point of time grant visitors or Guest Users any right, title, interest or license to any intellectual property available on the Website and hence any reproduction or any form of misappropriation of the entailed intellectual property is strictly prohibited.

The Website may be viewed and print outs of the site can only be obtained for lawful non-commercial and private use as allowed by the prevalent laws of India. Use of this Website does not under any circumstances entitle visitors / Guest Users to imitate, spread, distribute, adapt, translate, modify, amalgamate, frame or create any derivative work of the available online material without prior written consent.

www.thewineclub.in authorizes the creation of links pointing to its web pages without prior written consent only on the condition that deep linking is not used and that the web pages of www.thewineclub.in do not appear embedded within the pages of another website but instead open in an independent browser window. The source of the content available through the web pages must always be mentioned or indicated via a hypertext link pointing directly to the content concerned.

Linking to a website is welcomed by its content providers as a convenient and effective way of increasing hits to that particular site so that it can be better optimized for search engines. However any form of linking that creates misrepresentation or an erroneous association between the linking website and the website of www.thewineclub.in or damages/disparages or brings disrepute to the image of the instant website will be held liable and appropriate legal action taken against the infringers.

Further if any entity or party inserts the link to the website (i.e. www.thewineclub.in) in any subscription based database or obtains any kind of revenue from visitors clicking on the link to the website of [The Organization] available in such database, the aforesaid entity or party must obtain permission from www.thewineclub.in directly prior to inserting the website link of www.thewineclub.in into any such database or website.

4. Disclaimer
www.thewineclub.in makes no representation or warranties (express or implied) with regards to the accuracy of the information in these pages. Even though all efforts have been made to ensure precision with regards to content on these pages, the matter is subject to change. It is clarified hereby that www.thewineclub.in will in no way be held liable for any direct, indirect, special, incidental or consequential damages arising out of the use of the content stored on this server.

The pages of this Website visited by Guest Users is intended to provide general information and hence should not be considered as a substitute for advice covering any specific issue. Users should seek appropriate professional advice before taking or refraining from taking any action in reliance on any information contained in this Website.

As far as content in these pages are concerned, www.thewineclub.in, on being notified, will consider removing any material from the site, if the same incurs legal objections in the form of intellectual property infringement or any other form of legal issues. www.thewineclub.in is not at all responsible for reliability of any information in external Web sites.

www.thewineclub.in does not intend by publication of this site to create any contractual or other legal relation with Guest Users.

www.thewineclub.in is not liable or responsible for any communication, information, products or services offered by other third party entities whose goods or services may be accessed or displayed through or on this Website. www.thewineclub.in wants visitors or Guest Users to be aware that when visitors click on links and or banners that take them to third party websites, the visitors or Guest Users will be subject to third parties' terms & conditions including privacy policies. www.thewineclub.in cannot be responsible for the actions of third parties. Visitors or Guest Users are encouraged to read terms & conditions whenever interacting with any third party website.

Visitors or Guest Users wishing to rely on such information or obtain any products or services of third parties should do so at their own risk and only after perusing the Terms & Conditions of the relevant third party websites. Unless expressly stated, www.thewineclub.in shall not be considered to be in association, affiliation, connection or any form of relationship with any such third party websites.

It is a common practice by cyber criminals and fraudsters to create domain names that are deceptively similar or identical to the domain names of legitimate information or service providers in an attempt to defraud or embezzle innocent visitors (Phishing). There are also instances where domain name' registrants register domain names that are identical or deceptively similar to the domain names of legitimate service/content providers (cyber squatting) in an attempt to pass off their goods or services as that of the legitimate service/content providers. It is the responsibility of the visitors to any website including the website of www.thewineclub.in to check and verify the SSL Certificate, issued by the recognized Certifying Authority (explained in Point 6 - Security) prior to divulging or disclosing any private or confidential information (e.g. credit card numbers etc.) to the website.

If the visitor comes across any bogus or fraudulent website which look identical or deceptively similar to the website of www.thewineclub.in or bears a domain name that is identical to or deceptively similar to that of www.thewineclub.in, the visitors should inform www.thewineclub.in immediately of any such impersonation so that www.thewineclub.in can intimate and or communicate with the relevant law enforcement agencies.

However it is pertinent to note that www.thewineclub.in shall not be held liable or responsible for any kind of failure on the part of the visitors to verify or check the SSL Certificate and authenticity of any website claiming or appearing to be the website of www.thewineclub.in prior to disclosing or divulging personal, private or confidential information (e.g. credit card numbers etc.).

5. Computer Contaminants
www.thewineclub.in has made all reasonable efforts to exclude any kind of computer contaminants like "Virus" or any other "Computer Contaminants" as defined under The Information Technology Act, 2000 from the Website (including all the web pages) but considering the non-secure environment of the Internet and the increasing amount of risks entailed in the cyberspace, any express and or definite exclusion of contaminants or viruses cannot be guaranteed in respect of surfing through the Website by the visitors or Guest Users. Hence no liability will be accepted for any kind of damage and or disruption caused through the downloading or transmission of any contaminants arising from any network (i.e. Internet etc.) and capable of infiltrating due to vulnerabilities inherent in visitors or Guest Users computers. Therefore it is strongly recommended that visitors (Guest Users) take all appropriate safeguard or protective measures including Anti-Virus Programs, Firewalls etc. before downloading any information from the website while using any network including the Internet.

6. Security
www.thewineclub.in takes security issues related to the website very seriously including the protection of visitor personal data. Hence the web server employs a robust security system to protect all kinds of information transmitted, collected, stored through or on the website.

If some areas of the website may require visitors to enter private or confidential information (such as credit card numbers), it is to be understood that the information being entered by the visitors will be encrypted during transmission to the web server to prevent unauthorized intrusion methods. The areas of the website requesting such private or confidential information will be protected with SSL (Secure Sockets Layer) which utilizes Certificates provided by a recognized Certification Authority in India. All web pages secured by such SSL will bear a padlock icon on the bottom or the top of web browsers and this icon, when clicked, will display the SSL Certificate obtained by www.thewineclub.in for which the SSL Certificate has been obtained, the validity period of the Certificate and the name of the Certification Authority providing the said SSL Certificate. The visitors, prior to inserting private or confidential information, must verify that the SSL Certificate that is displayed after clicking the padlocked icon bears the name of www.thewineclub.in, the domain name of the current website that the user is visiting (i.e. www.thewineclub.in), that the Certificate validity period has not expired and that the name of the Certification Authority which has issued the Certificate is recognized in India by the Controller of Certifying Authorities CCCA).

A full list of recognized Certification Authorities in India recognized by the Controller of Certifying Authorities CCCA) can be obtained from www.cca.gov.in.

7. Warranty & Indemnity
The Guest User warrants to www.thewineclub.in that they will abide by these Terms & Conditions of Use and not use the Website, its contents or any of its part for any purpose that is in breach of the Terms & Conditions of Use or in breach of any relevant laws/regulations or that leads to infringement of intellectual property rights of any parties or violates privacy, publicity or other personal rights of anyone or in any defamatory, obscene, threatening, abusive or hateful manner. The Guest User shall indemnify www.thewineclub.in against all claims, liability, losses, damages and expenses, incurred as a consequence of any claims made against www.thewineclub.in, resulting from the actions by the visitor or the Guest User of the Website, or any of its contents for whatever purpose, to the fullest extent permitted by law.

8. Access to the Website www.thewineclub.in may restrict or terminate visitor access to the instant Website in the event of breach of Terms & Conditions by visitors at any time. The Website or any portions thereof may also be removed or amended at any point of time without prior notice if www.thewineclub.in deems it fit to be so. Such removal or amendment of Website or restriction or termination of visitor access at any time shall not be considered as a denial of access or any services by visitors or Guest Users as the said visitors or Guest Users are only visiting the Website to view information and there is no contractual relationship formed or intended to be formed with visitors or Guest Users.

It is pertinent to note that www.thewineclub.in does have the ability to trace user IP Addresses and in the event of a suspected breach of Terms & Conditions, may contact the relevant Internet Service Provider.

www.thewineclub.in fully cooperates with law enforcement agencies in identifying those who use the website or any of its services illegally or for illegal purposes. www.thewineclub.in reserve the right to release information about visitors or Guest Users who are in violation of the instant Terms & Conditions. If required, www.thewineclub.in may also report to law enforcement agencies any activities that are reasonably believed to be unlawful either in the country where the visitors or Guest Users are domiciled or where the visitors or Guest Users are accessing the website from or in India or even where the Web server for this website is physically located.

Image Upload Policy


Users may upload their personal pictures in their profile and community pages.

Please don’t upload images containing nudity or sexually explicit materials or any material that is deemed explicit by The Wine Club team.

You can report an image that violates our norms by sending us a mail at support@thewineclub.in.  We will review your request and if the photo does not meet our image policies, it will be removed.

9. Jurisdiction
The Website, including the abovementioned Terms & Conditions of Use, shall be governed by the Indian law and the Hon'ble Calcutta High Court shall have exclusive jurisdiction over disputes arising from the use of the Website by the visitors or Guest any Users.

©2008 THEWINECLUB.IN- All rights reserved.
Version 1 (Beta) dated April 2, 2008.
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