Terms and Conditions
Terms of Business
The following Terms and Conditions of Service (Terms and Conditions) apply to all Services provided by Winc Studio Limited to Prospective Clients and Clients. These Terms and Conditions must be read in conjunction with any Quote provided by Winc Studio to Prospective Clients and Clients.
In these Terms and Conditions: Client means a client of Winc Studio; Client Background Intellectual Property means all Intellectual Property Rights owned or used by a Client or a Prospective Client prior to acceptance by the Client or Prospective Client of these Terms and Conditions;
Confidential Information means:
i. the provisions of these Terms and Conditions; and
ii. all information, know-how, ideas, concepts, technology, industrial, marketing and commercial knowledge of a confidential nature (whether in tangible or intangible form) relating to or developed in connection with or in support of the business of the party which is disclosed, communicated or delivered to, learnt by, or which otherwise comes to the knowledge of or into the possession of the other party under or in connection with these Terms and Conditions;
Event Beyond Winc Studio’s Control means any failure or delay in the performance of Winc Studio’s obligations under these Terms and Conditions as a result of a strike, lockout, work stoppage, labour dispute, material shortage, utility outage, delay in transportation, fire, flood, earthquake, severe weather, act of God, accident, trade sanction, embargo, act of war, act of terror, condition caused by national emergency, new or changed Law, or any other act or cause beyond the reasonable control and without fault of Winc Studio, and whether affecting Winc Studio or its agents, sub contractors, dealers or suppliers, for as long as such circumstances prevail;
Winc Studio Background Intellectual Property means all Intellectual Property Rights owned or used by Winc Studio prior to acceptance by the Prospective Client or Client of these Terms and Conditions;
Initial Design Concept means the initial design concept provided by Winc Studio to the Client for approval pursuant to clause 12;
Intellectual Property Rights means any patent, know how, registered design, business name, domain name, logo, product, process, methods or technique, trademark or name, copyright (including future copyright) throughout the world in any literary works, artistic works, computer software and any other works or subject matter in which copyright subsists and may in the future subsist, intellectual property right or other protected right;
Pitching Design means any Presentation prepared during the Pitching process set out in clauses 3 to 7 below;
Presentation means any design presentation, brochure, layout, graphic or any other visual prepared for a Client during the Review Process set out in clause 14 below as part of the Winc Studio Services;
Product means the final Presentation prepared for a Client by Winc Studio following the Review Process set out in clause 14 below;
Prospective Client means any person or entity that receives the Pitching services of Winc Studio as set out in clauses 3 to 7 below;
Quote means a written quotation or estimate provided by Winc Studio to a Client, including:
i. any Pitching carried out for a Prospective
Client if that client then chooses to accept the Services of Winc Studio;
ii. an estimate of the work required to be carried out by Winc Studio in relation to the provision of the Services; and
iii. a cost estimate of such work;
Services means all the services to be provided or the work to be conducted by Winc Studio for a Client under these Terms and Conditions; and Terms and Conditions Intellectual Property means all Intellectual Property Rights created in relation to these Terms and Conditions, including but not limited to the Intellectual Property created in the Pitching process, Initial Design Concept, Presentation, Product, and any related drawings, designs, materials, information, concepts and plans. T&Cs of service
ACCEPTANCE OF THESE TERMS AND CONDITIONS
1 A Prospective Client will be deemed to have accepted these Terms and Conditions by the acceptance of the provision of Pitching from Winc Studio.
2 A Client that was not a Prospective Client will be deemed to have accepted these Terms and Conditions by the Request for and Acceptance of Services set out in clauses 8 to 10 below.
3 Winc Studio may provide Pitching to Prospective Clients as part of its marketing campaign.
4 The Prospective Client acknowledges that Winc Studio owns sole copyright to all ideas and concepts produced as part of the Pitching process. The Client may only retain a Pitching Design or any other visuals or documents presented during the Pitching period on the basis that they will not be reproduced or used by the Prospective Client without the express written permission of Winc Studio.
5 The Prospective Client acknowledges that until a decision has been reached as to the design supplier, any Pitching Design and any other document, idea or concept produced by Winc Studio during the Pitching process must not be presented or discussed with any third parties. The Prospective Client must notify Winc Studio if it wishes to disclose any such information to third parties that are connected to the Pitching Process.
6 If the Prospective Client decides not to accept the Services of Winc Studio, the Prospective Client must not use any Pitching Design or any other document, idea or concept produced by Winc Studio as part of any future literature or similar printed materials.
7 The Prospective Client acknowledges that if it chooses to accept the Services of Winc Studio, the reasonable costs of the Pitching stage will be added to the Quote. REQUEST FOR AND ACCEPTANCE OF SERVICES
8 A Client that requests the Services of Winc Studio will receive a formal written Quote. Following receipt of a Quote from Winc Studio, the Client must confirm in writing its acceptance of the Quote.
9 The Quote provided by Winc Studio will remain valid for a period of 30 days. After that time, the amount set out in the Quote may be subject to change. In this event, the process set out in clauses 8 & 0 will apply.
10 Winc Studio’s Services will only be supplied to the Client once written confirmation of the Client’s acceptance of the Quote has been received and accepted by Winc Studio.
PROVISION OF INFORMATION
11 On acceptance of Winc Studio’s Services under these Terms and Conditions, the Client agrees to:
i. make all information reasonably requested by Winc Studio in relation to the provision of the Services available to Winc Studio;
ii. provide a written brief of information in relation to the request for services on the reasonable request of Winc Studio;
iii. ensure that all facts given about a particular project and the Services to be provided by Winc Studio are accurate and in no way misleading or deceptive; and;
iv. co-operate with Winc Studio during the provision of the Services.
INITIAL DESIGN CONCEPT & REVIEW PROCESS
12 Winc Studio will provide to the Client an Initial Design Concept for approval. The Client will be required to submit its approval of the Initial Design Concept to Winc Studio in writing prior to any further work in relation to the Services being carried out.
13 The Client acknowledges that the written approval of the Initial Design Concept provided under clause 12 will entitle Winc Studio to commence the Services in full and the preparation of the Presentation. This may include purchasing production materials, preparing proofs, engaging third parties such as photographers and printers, and entering into contracts for other facilities necessary to perform the Services. Winc Studio is not liable for any errors or other mistakes in the Initial Design Concept which have been approved by the Client, except to the extent that such error or mistake could not reasonably have been identified by the Client at the time of approval.
14 The Client agrees to indemnify Winc Studio for any loss or any other damage, either direct or indirect, incurred by Winc Studio as a result of any request by the Client to amend or vary the approved Initial Design Concept once work on the Presentation has commenced.
15 Clients will receive a maximum of 3 draft proofs of the Presentation for review. If the Client wishes for more than 3 proofs, it must request such additional proofs from Winc Studio in writing. The Client acknowledges that Winc Studio retains sole discretion to determine how many draft proofs of the Presentation will be provided to the Client for review. Winc Studio is entitled to invoice the Client for the reasonable costs associated with the preparation and delivery of any additional proofs.
16 Winc Studio and the Client will work together to finalise the Product. Winc Studio will use its best endeavours to take into account all reasonable requests of the Client during the approval process.
17 The Client agrees that any costs or any other changes incurred by Winc Studio during the provision of the Services that fall outside of the Quote, either at the request of the Client, or as required in the reasonable opinion of Winc Studio in relation to the Services, will be charged to the Client as a separate and additional charge. Winc Studio will use its best endeavours to mitigate such additional costs and charges, and to communicate to the Client the possibility of such additional costs of charges as soon as it becomes aware of them.
18 The Client will be liable for any additional costs or charges incurred by Winc Studio in relation to the provision of services from third parties under these Terms and Conditions. The Client will be invoiced for such additional charges in accordance with clause 25 below.
19 The Client has the right to request cancellation of the Services at any time in writing. Winc Studio will take all possible steps to comply, but will not be obliged to cancel the Services if to do so would breach its contractual obligations to its suppliers and other third parties.
20 In the event of a cancellation, the Client will be invoiced for all resulting charges or expenses incurred by Winc Studio in relation to such cancellation, for charges or expenses to which Winc Studio is committed, and for work which Winc Studio has carried out for the Client in relation to the Services up to that point in time.
21 In the event of cancellation, payment is also required for the provision of the Initial Design Concepts. The Client will be invoiced in relation to the labour and other reasonable costs and expenses required to produce such Initial Design Concepts, regardless of whether such Initial Design Concepts are used by the Client or not.
22 The Client will be invoiced for the additional charges set out in clauses 21 and 22 in accordance with clause 25 below.
CHARGES & INVOICING
23 As set out in clauses 8 to 10 above, Winc Studio will provide the Services to the Client in accordance with the price set out in the Quote. Additional costs and charges may also be invoiced to the Client from time to time as set out in these Terms and Conditions.
24 Upon completion of the Services or delivery of the Product, the Client will be provided with a written invoice. Payment of all invoices must be made within 28 days of receipt. Accounts that remain outstanding for 30 days after the date of invoice will incur an extra charge of 2% per month on the outstanding amount of the invoice.
25 Notwithstanding clause 24 above, Winc Studio retains the right to issue an invoice at any stage during the provision of the Services in relation to any other costs or charges. Such an invoice must be paid by the Client within 28 days’ of receipt of the invoice.
26 Payments may be made by cash, cheque or Bankers’ Automated Clearing Services.
27 Winc Studio retains the right to request that the Quote be paid in stages. In this case, Winc Studio will invoice the Client at each stage.
28 Winc Studio will bear the cost of UK post and UK telephone expenses but reserves the right to charge the Client for any exceptional expenses of this nature (e.g. couriers, parcel delivery) and all additional travel, subsistence and accommodation expenses. Such additional charges will be invoiced to the Client.
29 Winc Studio will include in all invoices, where appropriate, VAT as an additional charge.
30 Winc Studio may increase the cost of its Services at any time prior to completion of the Services and/ or delivery of the Product to reflect any increase in the cost to Winc Studio due to any factor beyond Winc Studio’s control (such as alteration of duties, significant increase in the costs of labour, materials or any other costs).
31 Any change in delivery dates, quantities or specifications for the Services which are requested by the Client, or any delay caused by any instructions from the Client or failure by the Client to give Winc Studio adequate information or instructions may increase costs. Such additional costs will be invoiced to the Client.
32 The Client acknowledges that Winc Studio’s Quote is based upon a timetable agreed between the Client and Winc Studio during the approval process in clauses 12 and 13. Winc Studio may increase the cost of the Services if the Client requests changes to this timetable. Such additional costs will be invoiced to the Client.
33 Unless otherwise agreed, the Quote is an exworks price, and where Winc Studio agrees to deliver any work, including any Initial Design Concept, Presentation or Product, to a place other than Winc Studio’s premises, the Client will be liable to pay charges for transport, packaging and insurance.
34 The Client will be invoiced for the additional charges set out in clauses 27, 28, 30, 31, 32 and 33 in accordance with clause 25.
CONFLICT OF DOCUMENTATION
35 If a conflict arises between:
i. these Terms and Conditions and a specific contract between Winc Studio (which has been signed on our behalf by one of our directors) and the Client, the terms of the specific contract shall prevail; and
ii. these Terms and Conditions and a Quote, the terms of the Quote shall prevail.
36 Winc Studio remains the owner of licensee (as the case may be) of all Winc Studio Intellectual Property.
37 The Client remains the owner or licensee (as the case may be) of all Client Background Intellectual Property.
38 The Client grants Winc Studio a non-exclusive, royalty-free licence to use the Client Background Intellectual Property for the purposes of these Terms and Conditions.
39 Winc Studio owns the Terms and Conditions Intellectual Property. The Client assigns all right, title and interest in such Intellectual Property Rights to Winc Studio. The Client may request from Winc Studio a non-exclusive, royalty-free licence to use the Terms and Conditions Intellectual Property after all invoices have been paid in full by the Client. Winc Studio retains sole discretion in deciding whether or not such a licence will be granted. Once all invoices have been paid in full by the Client, including the final payment required under clause 25, all Intellectual Property Rights in the Product will vest in the Client.
40 The Client may request in writing from Winc Studio the necessary permission to use the Terms and Conditions Intellectual Property in forms other than for that it was originally supplied. Winc Studio may, at its discretion, grant such permission. The Client agrees to fully indemnify and releases Winc Studio from any liability or any claim resulting from the Client not having obtained all the required permissions, licenses or other authorisations in relation to the Client Background Intellectual Property Rights.
41 These Terms and Conditions may only be altered in writing by Winc Studio.
42 Any error or omissions in any Quote or invoice or other document or information issued by Winc Studio to the Client shall be subject to correction without any liability on Winc Studio’s part. TERMINATION
43 If the Client does not pay for an invoice in accordance with clauses 24 and 25 of these Terms and Conditions, Winc Studio may issue a written notice to the Client requiring payment within 7 days. If the invoice is still not paid after the additional 7 days, Winc Studio will be entitled to either terminate this agreement without notice, or to notify the Client that the Services have been suspended until payment of the outstanding invoice is received by Winc Studio in full.
44 In the event of termination under clause 43, Winc Studio is under no obligation to hand over any document or other Initial Design Concept, Presentation or Product that has not already been handed over to the Client. The Client must pay for the Services carried out up to the date of termination.
45 Winc Studio may terminate these Terms and Conditions at will, upon 30 days’ written notice. In the event of termination under this clause 45, Winc Studio is under no obligation to hand over any document or other Initial Design Concept, Presentation or Product that has not already been handed over to the Client. The Client must pay for the Services carried out up to the date of termination.
EVENT BEYOND WINC STUDIO’S CONTROL
46 Where there is an Event Beyond Winc Studio’s Control, Winc Studio will contact the Client as soon as possible to notify the Client of any actual or anticipated failure or delay in the provision of the Services and identify those obligations under these Terms and Conditions that are not affected by the event. All those obligations under these Terms and Conditions which are affected by the event will be suspended as long as the Event Beyond Winc Studio’s Control continues.
47 If such event continues for more than [30 days], Winc Studio may give written notice to the Client to terminate these Terms and Conditions. In this case, Winc Studio is under no obligation to hand over any document or other Initial Design Concept, Presentation or Product to the Client that has not already been handed over to the Client. The Client must pay for the Services carried out up to the date of termination. LIMITATION OF LIABILITY
48 Except as expressly provided in these Terms and Conditions, the Client releases Winc Studio, its employees, agents, officers and any of its suppliers and subcontractors from, and indemnifies and holds harmless Winc Studio, its employees, agents, officers and any of its suppliers and subcontractors against, any and all claims, actions, losses, damages, expenses and any other liabilities of whatsoever nature (including any consequential or indirect loss), arising out of, or in connection with the provision of the Services or any other document or design, including but not limited to any Initial Design Concept, Presentation or Product, whether used or provided alone or in conjunction with other designs or products or services.
49 The Client may provide Winc Studio with Confidential Information, either during the Pitching process or during the provision of the Services. Winc Studio agrees to keep this information confidential and not to disclose it without the Clients’ consent, unless and except any of the following apply: i. the information must be disclosed to Winc Studio’s employees, agents or officers or to other persons who are commissioned or sub-contracted by Winc Studio during the provision of the Services; ii. Winc Studio wishes to disclose the Clients’ name, its relationship to Winc Studio and the nature of the Services provided for the Client in any of its marketing campaigns; iii. the Confidential Information is in the public domain or Winc Studio is already aware of such Confidential Information before it is disclosed to Winc Studio by the Client; or iv. Winc Studio is required to disclose such information to an official body or Court, or as required by Law.
50 During Winc Studio’s performance of these Terms and Conditions, Winc Studio will be providing the Client with Confidential Information. The Client agrees to keep such Confidential Information confidential, unless and except the following apply: i. the Confidential Information is in the public domain or the Client is already aware of such Confidential Information before it is disclosed to the Client by the Winc Studio; ii. the Client needs to disclose the information to its immediate employees, agents or officers for the purpose of considering the Clients’ instructions to Winc Studio; or iii. the Client is required to disclose such information to an official body or Court, or as required by Law.
51 The Client must ensure that its employees, agents and officers who have or may have access to the Confidential Information are aware of the confidential nature of the Confidential Information and treat the Confidential Information accordingly and must procure that its employees, agents and officers keep such information confidential.
52 In the event that Winc Studio agrees with the Client not to use certain parts of the Confidential Information, the Client will return to Winc Studio or (at Winc Studio’s request) destroy all materials relating to that Confidential Information (with any copies in whatever form stored) and not make any further use of that Confidential Information whatsoever.
53 In the event that these Terms and Conditions are terminated or the arrangements are cancelled, or the Services are completed and the Product is delivered to the Client, the Client will return to Winc Studio or (at Winc Studio’s request) destroy all materials relating to any Confidential Information (with any copies in whatever form stored) and not make any further use of that Confidential Information whatsoever.
54 The confidentiality obligations set out in these clauses 49 to 54 of the Terms and Conditions survive termination of the Terms and Conditions.
57 A term or part of a term of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining terms or parts of these Terms and Conditions continue in force.
58 A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
59 These Terms and Conditions are governed by the laws of England and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of England.
60 Winc Studio is entitled to sub-contract any or all of the Services.
61 The Client cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms and Conditions or any Quote without the prior written consent of Winc Studio.
62 Winc Studio may assign, novate or otherwise transfer any of its rights or obligations under these Terms and Conditions or delegate or subcontract the performance of any of its obligations under these Terms and Conditions without the consent of the Client, provided that Winc Studio will remain responsible for the performance of any obligations assigned, novated, transferred, delegated or subcontracted.
Winc Studio Limited Registered in England and Wales 09985824
Registered office 121 Brynland Avenue, Bristol BS7 9DZ
Terms and Conditions
1. TERMS OF WEBSITE USE
3. ACCEPTABLE USE POLICY
4. TERMS OF SUPPLY
TERMS OF WEBSITE USE
INFORMATION ABOUT US
This website and associated web pages (“wincstudio.co.uk” or “the website”) is operated by or on behalf of WINC STUDIO LTD (“Winc Studio”, “we” or “us” as appropriate). Our contact details are as follows WINC STUDIO LTD, GDN, 5 Claremont Road, Bristol, BS7 8DL, United Kingdom.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
INTELLECTUAL PROPERTY RIGHTS
Material incorporated or displayed on this website belongs to or its licensors. These works are protected by copyright laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of material displayed on the website for non-commercial, personal use only provided our status (and that of any identified contributors) as the author and owner of the material must always be acknowledged and you must retain all copyright and other proprietary notices contained on the material (if any).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You may not use any part of the materials on our site for commercial purposes or otherwise distribute, amend, re-use or re-post any part the content of the site without our permission.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Your use of and browsing of the site are at your own risk.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable
INFORMATION ABOUT YOU AND YOUR VISIT TO OUR SITE
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
This website wincstudio.co.uk and associated web pages (“wincstudio.co.uk” or “the website”) is operated by or on behalf of WINC STUDIO LTD (“Winc Studio”, “we” or “us”).
Winc Studio is committed to processing personal data relating to users of the website (“you”) in accordance with applicable data protection law. The following outlines our privacy and data protection policy.
Collection and Use of User Details
When you register at wincstudio.co.uk or use the website, we collect personal details about you.
Personal information such as your name, address and e-mail address is collected via wincstudio.co.uk’s ordering and registration forms, as well as via chatrooms and other ways in which you communicate with us via the website.
When you visit the site, we also collect web site usage information and information about your computer and internet connection, including your computer’s IP address, the type and version of browser and operating system you use, your internet domain and, if you arrived at wincstudio.co.uk via a link from another website, the URL of the linking page.
We use the information we collect via the website to:
• fulfil orders;
• personalise the content you will see based on your personal characteristics or preferences;
• notify you of relevant new products and features on wincstudio.co.uk (subject to obtaining your consent to receiving such information as required by applicable law);
• notify you of promotions from wincstudio.co.uk and from WINC STUDIO LTD (subject to obtaining your consent to receiving such information as required by applicable law);
• allow reputable third parties to send you information (subject to obtaining your consent to receiving such information as required by applicable law);
• ensure, as far as is practical, that our site is compatible with the browsers and operating systems used by most of our visitors;
• improve our understanding of customer needs in developing wincstudio.co.uk
• build marketing profiles;
• aid strategic development and statistical analysis; and
• as otherwise reasonably required by us and our affiliates in connection with our business or as required by law.
WINC STUDIO LTD operates from offices worldwide and may disclose your personal data to its affiliates, representatives, service suppliers professional advisers, credit reference agencies and law enforcement bodies for the foregoing purposes and other purposes referred to below. Winc Studio and its affiliates and data processors seek to ensure appropriate standards of data protection are adhered to for the forms of processing mentioned above.
Some of our forms requesting personal data may provide you with a series of choices regarding promotional activity and other communication with you. In any event, you can opt out of receiving marketing communications from us at any time.
You can delete cookies from your hard drive at any time. However, if you delete these cookies, any settings such as your stored username and password will have to be reset when you log in again.
You will be able to use wincstudio.co.uk even if you set your browser not to accept any cookies. However, certain features and content may not be available to you and you will have to log in every time you visit.
Winc Studio and wincstudio.co.uk uses reputable third parties to deliver the e-mails you may receive from our site. These third parties use unique identifiers and invisible images (often called “pixel tags” or “clear GIFs”) to perform message open sensing, message format sensing, and clickthrough sensing on behalf of WINC STUDIO LTD in order to bring you more relevant information.
WINC STUDIO LTD has measures in place to seek to ensure that users’ personal details are not misused, accidentally destroyed, lost or altered.
Occasions will arise when customer information is passed outside WINC STUDIO LTD to other organisations referred to above and including data processors (e.g. fulfilment bureaus, database consultants etc.). Although Winc Studio seeks to ensure appropriate security for personal data within its possession and control the Internet is not a secure mechanism. You therefore agree not to submit sensitive personal data to the website where loss or disclosure of that information may cause you substantial damage or distress.
Transfer of Personal Data Overseas
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis including to countries which do not have data protection or privacy laws which offer the same protection as is available in the country in which you are based. Therefore, by browsing wincstudio.co.uk and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.
Children Under 13
Individuals under the age of 13 should not submit any personal details without the permission of their parent or guardian.
Changes to this statement
If you would like to request a copy of the information Winc Studio holds relating to you please contact email@example.com in the first instance.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of products formed through our site or as a result of visits made by you are governed by our separate
TERMS AND CONDITIONS OF SUPPLY.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our ACCEPTABLE USE POLICY which forms part of these terms. You warrant and undertake that any such contribution does and shall comply with those standards, and you shall indemnify us for any breach of that warranty and undertaking.
If you submit or upload material to this site (for example artwork or pictures) this will be considered non-confidential and non-proprietary and you agree that Winc Studio, and others accessing the site are authorised and licensed to use, copy, distribute and disclose such material free of charge to third parties and that such material can be displayed on the site. You confirm you are entitled to submit material that you provide to us and hereby waive any moral rights you may have in such materials. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our ACCEPTABLE USE POLICY.
VIRUSES HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a viruses or other technologically harmful material that may infect your computer equipment, your use of our site
Winc Studio recommends that you install appropriate antivirus software and any other necessary protective software before you download information from these pages. Winc Studio has no control over the content of websites which can be accessed from the Winc Studio website.
Winc Studio does not accept responsibility for any loss, damage, costs, expenses or claims caused by distributed denial-of-service attack, any virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material contracted as a result of opening the Winc Studio website, or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our ACCEPTABLE USE POLICY.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
LINKS FROM OUR SITE
Links or pointers to websites and references to products and services, if any, offered by third parties are provided to you for convenience only. Winc Studio have not reviewed and have no control whatsoever over any of the websites or their contents mentioned or accessible from the website. WINC STUDIO LTD accepts no responsibility and disclaims all liability in respect of websites, and the information contained therein, maintained by any third party whether or not mentioned in or accessible from the Winc Studio website. In addition, the existence of a link from the Winc Studio website to any other website is not and shall not be understood to be an endorsement or approval by Winc Studio of such linked website, its owner, or any products or services offered on such linked websites.
THIRD PARTY RIGHTS
No person other than a party to this agreement shall have any rights to enforce any term of this agreement.
JURISDICTION AND APPLICABLE LAW
Any claim or dispute relating to the use of the Winc Studio website shall be governed and construed in accordance with the laws of England and Wales and the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
The titles of Winc Studio’s collections are unregistered and/or registered trademarks of Winc Studio. All other product names, trademarks, company names or logos appearing on the website are the trademarks of their respective owners. You may not use any trademark featured on the website without the written permission of Winc Studio or such other party that may own such trademarks.
If you have any concerns about material which appears on our site, please contact email@example.com
Thank you for visiting our site.