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Terms of Use

The Vine Culture Terms of Use

THE VINE CO TERMS OF USE

By using this site, you indicate your unconditional acceptance of these Terms of Use (the 'terms of use'). We reserve the right, in our sole discretion, to update or revise these terms of use. The continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.

The Vine Co refers to 'site' as our website collectively.

USE OF THE SITE

You may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy (the 'Privacy Policy'). Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Vine Co or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of The Vine Co; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

MEMBER ELIGIBILITY

The Site is available to members who are 18 years and older and who have not been suspended or removed by The Vine Co for any reason. By becoming a member, you represent that you are of legal age. Membership is available only by a valid invitation to users who have completed the information required by the Site's registration form. If you do not qualify, you may not use the Site. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. Membership is void where prohibited by law.

ADDITIONAL TERMS & CONDITIONS

Additional terms and conditions may apply to specific portions of the Site or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.

The following terms and conditions apply to the applicable features on the Site:

a. Membership Rewards. On shipment of each Qualifying Order (defined below) your account will be credited with a reward of 5% or such other amount as may be posted from time to time (the "Reward"). Rewards may be redeemed only for the purchase of merchandise on the Site and may not be used for the purchase of gift cards or services. Rewards are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell or barter any Rewards. Rewards are not redeemable for cash. A "Qualifying Order" means the first order for merchandise on the Site placed by an individual whom you sponsored or to whom you sent an email invitation to join the Site. We will notify you when any Rewards are posted to your account.

b. Credit Balances. Any credit balance (including a Reward balance) will be automatically applied to your next purchase of merchandise from the Site. To the extent your credits exceed the amount of your total purchase, such credit balance will remain in your account. If your account and/or membership is terminated for any reason, any credit balances in your account will be immediately cancelled. Account balances are determined by The Vine Co and such determination is final.

c. Online Gift Voucher. The Vine Co online gift voucher is honoured only on The Vine Co.com. Voucher is not exchangeable for cash. Voucher must be fully utilized when making payment. Any unutilized amount of this voucher will be forfeited and shall not be refundable. Voucher cannot be used for more than one transaction on The Vine Co.com. The Vine Co will not be responsible for the loss of the voucher.

d. Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from The Vine Co but charges from your carrier for usage may apply and you are responsible for all such charges.

e. Site-Provided Email and Postings. The Site may provide members with the ability to send email messages to others and to post messages on the Site. The Vine Co has the right but not the obligation to monitor and decline, edit or remove all or any portion of any postings, submissions or content. You agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as addresses, phone numbers, etc.); (iv) confidential information of The Vine Co, its parent, subsidiaries or affiliates; (v) any chain letters; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Site to people who do not know you or who are unlikely to recognize you as a known contact.

ACCURACY OF CONTENT; LIMITATIONS ON QUANTITY

The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.

CREDIT CARD PAYMENT

In a credit card transaction, you must use your own credit card. The Vine Co will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

PROPRIETARY RIGHTS

You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of The Vine Co and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. The Vine Co relies upon a network of independent vendors who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

INDEMNIFICATION

By using this Site, you agree to indemnify, hold harmless and defend The Vine Co, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. The Vine Co reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

DISCLAIMER OF WARRANTY

The site, its content and all texts, images, merchandise and other information on, accessible from or available through this site are provided on an 'as available' and 'as is' basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, The Vine Co does not warrant that: (i) the information available on this site is free of errors; (ii) the functions contained on this site will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this site or the server(s) that makes it available are free of viruses or other harmful components. The Vine Co reserves the right to cancel orders before delivery if products are not available or any error is detected.

LIMITATION OF LIABILITY

In no event shall The Vine Co or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by The Vine Co, whether based upon warranty, contract, tort, or otherwise, even if The Vine Co has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of The Vine Co, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to The Vine Co in connection with the applicable event, promotion or event giving rise to such liability. without limiting the foregoing, in no event shall The Vine Co, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of The Vine Co.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

RISK OF LOSS

The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

UNAVAILIBILITY OF SITE; TERMINATION; FRAUD

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

MISCELLANEOUS

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and The Vine Co with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and The Vine Co with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of The Vine Co to act with respect to a breach by you or others does not waive The Vine Co's right to act with respect to subsequent or similar breaches. The Vine Co's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

This agreement shall be construed in accordance with the applicable laws of Singapore.
The Vine Culture Store

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