You (thereafter the "User") should read these terms and conditions and the information carefully before you continue.
By accessing and using the StatWine web site (the "Site"), you expressly agree that you have read, understood and agree to be bound by these terms and conditions and the legal information contained below. If you do not agree to these terms and conditions, you should exit the Site now.
Only the French version of this document is considered in the event of any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against StatWine.
The Site is operated by Alain Bringolf, Canton of Vaud, Switzerland. Concept / Webmastering : PMP Concept
The logo and trademarks StatWine and StatWine are protected by law, and all information contained on the Site is protected by copyright© 2008. All rights are reserved for third party copyrights.
Nothing on the Site may be used in any form whatsoever unless specific mention is made of the trademark and copyright protection, and of these terms and conditions.
Use of the Site for advertising or commercial purposes, in any form whatsoever, is prohibited without the prior written consent of StatWine.
StatWine is not responsible for the contents of other web sites linked or leading to this Site. Any links to other sites or to any pages off this Site are used at User's own risk.
StatWine can collect data regarding the use of the Site (including the User's IP address) which are used for statistical or security purposes, for monitoring the system, for management and marketing purposes, and in order to comply with legal and regulatory obligations. These data are anonymous.. StatWine only collects data personally identifying the User when such data are supplied voluntarily. Appropriate security measures are taken to ensure that third parties cannot gain access to such information.
While StatWine makes every reasonable effort to use reliable, comprehensive information, we make no representation or warranty of any kind that the information contained on this Site is accurate, complete or up to date.
StatWine disclaims all liability or responsibility for any loss or damage that may result directly or indirectly as a result of your use of such information.
Moreover, StatWine reserves the right to change the contents of the Site at any time without notice.
Neither StatWine, its officers, directors, employees and affiliates, nor any third party information providers, their officers, directors, employees, affiliates and shareholders will be liable or responsible for any loss or damage of any nature whatsoever that any User may incur directly or indirectly as a result of User's access to this Site or of the use of information or opinions available through the Site or of User's inability to access or use the Site or the information or opinions contained therein.
In particular, in no event will StatWine, its officers, directors, employees and affiliates be liable or responsible for any loss or damage incurred as a result of a technical or other error, failure to transfer information, a surcharge of the system, problematic use, interruption of service (including but not limited to maintenance service), a delay in the transmission of information, incompatibility between this Site and User's files and/or software (including User's browser) and/or computer, any dysfunction or interference, the transmission of a virus or worm to User's computer, illegal access (e.g. hackers), the intentional blocking of telecommunication tools and networks (e.g. as a result of massive e-mail or denial of access attacks) or for any other error or omission of network or telecommunications providers or operators.
Should any provision or part thereof of these terms and conditions be held to be illegal, invalid or unenforceable under any present or future laws or by any court of competent jurisdiction, it shall in no way cause the invalidation, cancellation or unenforceability of any other provision of these terms and conditions. The illegal, invalid or unenforceable provision or part thereof shall be modified to the minimum extent necessary to make such provision legal, valid or enforceable, as the case may be.
All legal relations between User and StatWine shall be governed by and construed in accordance with the laws of Switzerland.
The place of performance, the exclusive place of jurisdiction for any type of proceedings and the place of proceedings for debt or bankruptcy against any User of the Site not domiciled or resident in Switzerland shall be the place of the StatWine in Switzerland, subject to compulsory jurisdiction provided by applicable Swiss legislation and international conventions ratified by Switzerland. StatWine shall nonetheless be entitled to take legal action at the User's place of domicile or residence or before any other competent court.
StatWine reserves the right to change these terms and conditions at any time. Such changes are shown on the Site or notified by electronic mail.
By viewing and using the Site, the User expressly agrees to all such new terms and conditions.
Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
By accepting delivery of the products proposed on StatWine (“Site”), you (“User”) agree to be bound by and accept these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, at StatWine's sole discretion. In addition to these Terms and Conditions, the User agrees to be bound by the acceptance of contract terms contained elsewhere in this Site.
All the rights of StatWine are reserved according to legal mentions. StatWine is also protected by a copyright© 2008.
Only the French version of the Conditions of Sale of StatWine is considered in the event of any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against StatWine.
Terms of payment are within StatWine sole discretion, and unless otherwise agreed to by StatWine payment must be received by StatWine prior to StatWine's acceptance of an order.
Payment for the products and services proposed by StatWine will be made by credit card (PayPal secured online payment service). The User has the possibility to pay, either in US Dollars (USD) or in Euros (EUR) denominated currencies. Further amendments of the payment currency, following any initial payment, are not authorized. Exchange rates are updated according to official Foreign Exchange Market rates as published in the country of origin of the Site (Switzerland). The Administrators of StatWine are solely responsible for the relevance of rate updates. No complaint will be accepted in the event of rate fluctuations on Foreign Exchange Markets.
Only credit card payments are accepted, starting from the minimum fixed product price.
Prices published on the Site are indicative and posted net of all taxes. Price adjustments due to fluctuations on Foreign Exchange Markets or for any other reason can undergo at any time.
The access to the products and services provided by StatWine is effective as of reception of the payment. Payment must be received by StatWine prior to StatWine's acceptance of an order. The product remains the exclusive property of StatWine until confirmation of the payment by PayPal.
By buying the products and services proposed by StatWine, the User can access to the mentioned products for a period of one year, starting from the day the product or service is activated. If the User owns the one year "Full pass" option, the access to new products and updates is granted starting from the option’s activation date, to the maturity date of the Full Pass service.
StatWine’s policy is one of on-going product update and revision. The contents of StatWine's data base are, at least, annually revised. At any time, the product's contents can be the subject to revisions. The Administrators of StatWine are solely entitled to decide of the content, the frequency and of the moment of such updates and revisions.
Written notices from StatWine are considered effective as soon as they are recorded in accordance with the User’s last known address / Email instructions. The User is responsible for announcing any address and Email change.
The damage because of the use of erroneous User data is of the User's responsibility, except in the event of a proven fault of StatWine.
In the event of damage due to defective or erroneous data, StatWine does not answer for any opportunity loss.
The User is totally responsible for any possible consequences due to incomplete or erroneous form filling.
Any claims must be written in preference and priority by Email to StatWine. Claims should be made within 2 days of receiving the access to the product. They may be subject to administrative fees and other charges determined exclusively by StatWine. The User assumes the consequences of a delay in the revision of his data in his personal profile.
The damage resulting from the User’s (or a third party) civil incapacity is of the responsibility of the User.
Both parties have the right to terminate the User's subscription at any time. In all cases, the agreement is cancelled at the end of the subscription period (one year) and is not automatically renewed.. The User of StatWine is entirely responsible for the renewal of his membership at the end of the current term.
In the event of a membership cancellation by the User during the period of subscription, no refunding will be granted. In the event of a membership cancellation by the Administrators of StatWine, a refunding in proportion to the remaining period will normally be granted. Any liability of the Owners or Administrators of StatWine, including without limitation under any course of action, will be limited to the amount paid by a User for the running subscription.
The User is solely responsible for managing his password and for keeping his password confidential. No one from StatWine is authorized to provide your password. If you have forgotten your password, go to the Sign In link at the top of the screen, then click on "Forgot your password." Follow the instructions, and a link to change your password will be emailed to you.
You are also solely responsible for restricting access to any computer you use to access your StatWine account or your membership. Member’s password must not be distributed to others. Unauthorized breach of membership will result in immediate suspension of service. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons. Memberships are not transferable.
By ordering any product or service from StatWine, whether by clicking through over the internet or otherwise, the User agrees to be bound by these Terms and Conditions of Sale, as well as the Site’s "General Terms and Conditions" contained elsewhere in the StatWine site.
