Customer terms & conditions
The ZOOMVINO Website and is managed and owned by Nabu Media Ltd ("Nabu").
Registered Office Address
13 Upper Baggot Street, Second Floor, Dublin 4, Ireland
Registered in Ireland. Registration Number: 420830
VAT Number: IE9568686M
Phone: +353-(0)1-488 03 54
Through ZOOMVINO (the “Website”) Nabu provides Customers with a variety of services to promote their wines.
1.1. These Terms constitute the agreement entered into between the Customer and Nabu relating to the supply of Listings and Services
1.2. In this Contract:
“Listing” means a Premium, Premium Plus or free listing on the Website.
In the case of a Customer who has a free listing account with ZOOMVINO (“Non-paying Customers”), references in these Terms to Payment and Fees shall not apply;
“Customer” means the company identified as such on the account registration form, or the Non-paying Customer;
“Customer Content” means the Customer's content created or supplied by the Customer for use in the Listing;
“Fees” means the fees for the Listing or Service, as set out on the Plans & Pricing pages of the Website;
“Terms” means these terms and conditions;
“Third Party Provider” means any third party service provider contracted by Nabu to facilitate the provision of Services;
“Nabu” means Nabu Media Ltd.
2. Listings and Services provided
2.1. Listings on the Website are made available only to those companies whose activity is the production of wines. Listings for wine shops, wholesalers, agencies or any other bodies not directly involved in the production of their own wines are not permitted.
2.2. Nabu shall permit the Customer to or shall itself post the Customer Content on the Listing purchased for the relevant term and subject to the payment of Fees.
2.3. Nabu and any Third Party Provider shall be responsible for the hosting, operation and maintenance of the Listing and Services, although it shall use its reasonable endeavours to keep the Listing and access to Services available on the Internet, Nabu gives no guarantee as to continuing service availability.
2.4. The Customer accepts that Nabu cannot ensure that the Listing is in all respects visible in all browsers and versions of these browsers. Nabu shall use its reasonable endeavours to ensure that the Listing is visible in the most commonly used versions of Internet Explorer, Firefox and Chrome browser systems.
2.5. The Customer accepts that any Listing purchased is subject to editorial review by Nabu and any Third Party Provider. Nabu also reserves the right, without liability, to reject, replace, omit, terminate or exclude any Listing, notwithstanding this, Nabu will use reasonable endeavours to fulfil the Customer's requests.
2.6. Information concerning the Customer contained on the Listing will be derived from information provided by the Customer and it is therefore the Customer's responsibility to ensure that the information is accurate by checking the Listing. The Customer acknowledges and agrees that the information it has submitted to Nabu shall at all times be accurate, complete and up to date. Nabu shall incur no liability for any errors in that information, except those which were introduced by Nabu and could not reasonably be checked by the Customer. Nabu reserves the right to edit the content provided by the Customer in order to improve delivery. If Nabu finds any evidence indicating that the Customer has provided false information in its listing, it reserves the right to cancel the Contract without notice.
3. Fees, Payments, Term, Renewals & Termination
3.1. Payment for Listings & Services will be made in advance. Payments are made by a valid credit card accepted by Nabu and by cheque and by bak transfer. Customers hereby authorise Nabu to charge their credit card for such amounts as are outlined in the pans & Prcing pages of the Website. Fees are payable in Euros. All prices are subject to change and Customers are responsible for reviewing the pricing schedule and remaining aware of the Fees charged by Nabu.
3.2. All Fees quoted on the Website are exclusive of VAT. Listings and Services supplied to Customers in the EU (excepting Ireland) can avail of VAT exemption if a valid European Union VAT number is supplied upon sign-up. No VAT is charged to Customers outside the EU. Customers who do not provide a valid EU VAT number and Customers in Ireland will be charged VAT at the current Irish rate of 23%.
3.3. Nabu undertakes to verify the validity of European Union VAT numbers submitted by Customers. In the event that the EU VAT Information Exchange System (VIES) does not validate the VAT number submitted Nabu will make a VAT charge to the Customer account.
3.4. Listing subscription periods are 12 months from the date the Customer submits the sign-up form and once payment is successfully processed. Listings renew automatically at the end of the 12 months. If Nabu is for any reason unable to effect automatic payment by credit card Customers will be notified via e-mail.
3.5. Listing upgrades (by paying Customers) will be charged on a pro-rata basis covering the period from date of upgrade to the expiry date of the existing Listing subscription.
3.6. This contract is subject to automatic renewal for the same contract period and the Contract will continue until cancelled in accordance with the terms set out herein or otherwise terminated.
3.7. Customers can cancel their Contracts at any time. Cancellations or downgrades can be made by email or telephone. Nabu undertakes to send confirmation to Customers by email of such Cancellation requests. Nabu does not refund unused portions of Listing or Service Fees in cases where Customers downgrade or cancel their accounts.
4. Customer Content
4.1. The Customer shall provide the Customer Content to Nabu by completing the online forms and uploading images. Nabu shall use the Customer Content to create the Listing.
4.2. The Customer represents, warrants and undertakes that the Customer Content complies with the warranties and other provisions in Clause 7.
4.3. Nabu reserves the right at any time without notice to remove any Customer Content from the Listing if it reasonably believes the Customer Content would, or would be likely to, put the Customer in breach of Clause 7 or any other provision of the Contract or would otherwise be detrimental to the interests or goodwill of Nabu. Any such action shall be without prejudice to Nabu's other rights and remedies.
4.4. Nabu reserves the right at any time without notice to remove any Listing entirely if it reasonably believes the Customer Content to be in breach of Clause 2.1 of the Contract.
4.5. Where Nabu has excercised its right to remove any Customer Content from the Listing or has removed entirely the Listing under the terms of this Contract, Nabu will not refund any portion of Listing Fees to the Customers.
4.6. Nabu shall use its reasonable endeavours to publish translated versions of the Listing 'overview' Customer Content text description in other language versions of the Website. The Listing 'overview' Customer Content text description refers to the text description uploaded by the Customer or Content created on behalf of the Customer by Nabu for the Listing in accordance with the terms of this Contract. Nabu will publish translated content for additional language versions in addition to the original language Customer Content. Nabu will take all reasonable measures to expedite translations but does not guarantee that translated versions of Customer Content will be published within a specified time frame. No other freely uploaded text Customer Content other than the Listing 'overview' will be translated by Nabu. Nabu undertakes to translate such Listing 'overview' Customer Content once only. Translations requested by Customers following subsequent modification, updates or correction of such Content may be undertaken by Nabu only at the Customer's expense.
5. Limitation of Liability
5.1. Except as expressly provided in this Contract, Nabu gives no warranty in relation to the provision of services under this Contract and all warranties, express or implied, are excluded.
5.2. Nabu expressly excludes liability for any indirect, special, consequential or economic loss or damage which may arise out of or in relation to the Contract between Nabu and the Customer, whether arising from any failure to publish the Listing or deliver the Service in a timely manner or at all, or otherwise, and for any loss of profits, revenue, anticipated savings, business, contracts, production or goodwill even if Nabu has been advised as to the possibility of such damages.
5.3. Nabu will use reasonable skill and care in performing its duties hereunder but subject thereto: (i) Nabu hereby excludes any warranty, express or implied, as to the performance, quality, accuracy or fitness for a particular purpose of Nabu or of any of the contents of the Website; (ii) Nabu will not be liable for any losses or damages arising (whether in tort (including negligence), contract or otherwise) directly or indirectly as a result of use of the Website or in connection with Listings on the Website or Services delivered via the Website including without limitation from any technical malfunction, computer error, defect in software, loss of data or other damage or disruption to listings; (iii) Nabu makes no warranty that the contents of its website are free from infection by viruses, worms or trojans or anything else that has contaminating or destructive properties; and (iv) certain links on the Website may lead to resources located on servers maintained by third parties over whom Nabu has no control and Nabu accepts no liability arising from access to or use of any material contained on those servers.
6. Licences, Customer Representations and Indemnification
6.1. The Customer warrants and represents that it is the owner of or is licensed to use the entire contents and subject matter contained in its Customer Content, advertising and information, including, without limitation, (i) the names and/or pictures of persons; (ii) any copyright in the material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services, or any other intellectual property rights; and (iii) any testimonials or endorsements contained in any Customer Content submitted to Nabu.
6.2. In addition, the Customer warrants and represents to Nabu that:
(i) It has the right to publish all of the contents of the Customer Content submitted for publication, and can grant to Nabu such right, and that such publication will not: (a) breach the confidence or rights of privacy of, or, without limitation, infringe the copyright, database rights, trademark rights, patent rights, moral rights or any other intellectual property rights of, any third party; or (b) violate any applicable law or regulation;
(ii) The Customer Content is legal, proper, decent, honest, accurate and socially responsible;
(iii) It does not collect or use personal information through its Listing without permission from the user
(iv) Where it is required by law that a licence or other express permission is required for it to operate its business and/or to advertise, the Customer is so licensed or permitted and will be throughout the term.
6.3. The Customer hereby expressly grants to Nabu:
(i) a non-exclusive, world-wide right to use, reproduce, publicly display, and distribute the Listing and warrants that the Customer has the right to grant such licence;
(ii) the express right to reproduce throughout the world without limitation, Customer Content, screen shots of the Listing, business descriptions and other business information and on or in any promotional or advertising material or campaign promoting or advertising.
6.4. The Customer represents and warrants that it contracts with Nabu as principal, and has the authority to do so, notwithstanding that the Customer may be acting as an advertising agency or media buyer or in some other representative capacity.
7. Copyright & Intellectual Property
The entire copyright and any other intellectual property rights in the Customer Content throughout the world (save those licensed to Nabu) shall remain the exclusive property of the Customer.
8. Use of Data
The Customer hereby agrees and acknowledges that Nabu (or representatives or agents of Nabu) will collect personal data supplied by the Customer, including contact details such as names, addresses, telephone numbers and e-mail addresses, and that Nabu may use and retain any personal data supplied by and relating to the Customer for the purposes set out in this Contract. The Customer agrees that Nabu may use any Customer address or e-mail address for the purpose of contacting the Customer about Nabu's products and services.
9.1. This Contract, incorporating the Listings & Services description pages of the Website, constitutes the entire agreement between the Customer and Nabu in relation to the Listing or Services. No addition to or modification of this Contract shall be effective unless it is in writing and signed by duly authorised representatives of both the Customer and Nabu.
9.2. Nothing in the Contract shall create, or be deemed to create, a partnership or joint venture between the Customer and Nabu or the relationship of principal and agent between the Customer and Nabu.
9.3. This Contract shall be governed by and construed in accordance with the law of Ireland and the Customer and Nabu submit to the non-exclusive jurisdiction of the courts of Ireland.
9.4. Creation of an account or claiming an account for a Listing, or the setting up of a free Listing account on the Website, shall amount to an acceptance of these Terms.