User License Agreement
The website www.bestwineimporters.com (“Website”) is owned and run by BESTDATANET S.R.L., a Romanian-based company having registration no. J05/486/2011, sole identification no. RO28206907 and headquarters in Constantin Tanase, nr 2, CP 410074, Oradea town, Bihor county, Romania, duly represented by Mr Laviniu-Vasile Pop as director (referred to as “BestDataNet”, “we”, “us” or “our Company”).
BestDataNet is also the owner and manufacturer of all BestWineImporters databases and software products displayed on the Website (referred to as “BestWineImporters Products” or “our Products”).
We usually offer our Products to companies (legal persons) – mainly producers who operate in the wine industry and other related sectors. We (and our partner Avangate B.V.) reserve the right to deny any orders if a certain company cannot provide any information that can prove this quality or if the information is false. Under certain conditions at our choice, we may also offer our Products for sale to natural persons. But we may refund the costs corresponding to any orders made by clients who have not provided us with sufficient proof that they operate in the wine industry and other related sectors.
We welcome your feedback about the BestWineImporters Products at firstname.lastname@example.org.
You are the client who places orders and purchases any or more of the BestWineImporters Products in order to access and use it in their activity (referred to as “Client”, “User” or “you”).
Our Products contain data and information regarding wine importers and distributors operating internationally, all arranged in a certain way. They are digital products in the form of databases. They are delivered to Clients via electronic means and can be accessed online only. They are NOT physical products delivered in print version or in any type of catalogs.
Details and description of our Products are displayed on our Website. But all orders placed on this Website and all BestWineImporters Products are sold through and processed by Avangate B.V. (not by us) via its own e-commerce technology platform (https://www.avangate.com/). Based on a separate contract we have in place with them, Avangate B.V. offers our Company a hosted e-commerce solution and acts as our authorized reseller of the BestWineImporters Products. As such, any purchases initiated from our Website will be conducted with Avangate and are subject to Avangate’s own Terms and Conditions. You are advised to review them prior to purchase.
When you purchase any of the BestWineImporters Products via our reseller, our Company grants you a non-exclusive license of use. Simply put, we authorize you to access and use the BestWineImporters for an initial one year-period, in exchange of the purchase price, and according to the terms and conditions set forth in this EULA under which each of the BestWineImporters Products is made available. The license is worldwide, non-assignable, non-transferrable and is valid for 1 individual end-user. The license applies from the date when the payment of the purchase price is cashed in.
Any annual renewal of this license is subject to specific conditions available on each renewal date, as per our Company’s commercial decision.
Your consent to this EULA
You give us your express consent that you have read, understand and fully accept all clauses of this EULA and that you will use our BestWineImporters Products only in accordance with this EULA.
This EULA represents the contract between our Company and each Client as regards their use of the BestWineImporters Products purchased.
This EULA is supplemented by Avangate’s Terms and Conditions. Please read them carefully as they represent the contract between you and Avangate as our reseller. We are NOT a party to such contract and are NOT liable towards you as regards the relationship between you and Avangate.
Briefly, about costs and payment
Each of the BestWineImporters Products is billed in advance on a yearly basis. It is a yearly subscription. This means that if you decide to purchase one of our subscriptions available on the Website, you will be charged automatically on a yearly basis from the payment source you have provided. You can also choose to not auto-renew the subscription from the order form. In this case, the subscription ends after 1 year. Annual renewal notifications will be sent to you to the e-mail address provided at purchase.
We offer a 30-day money back guarantee. Refund requests for reasons like: the BestWineImporters Products are too complicated for me, I did not understand what BestWineImporters Products offer, I thought it is a one-time payment and not a subscription, I don’t like the look and feel of the BestWineImporters Products (after the first 30 days) are not accepted.
Also, once the customer has used the Export feature of the system, exporting information from our databases and saving it, refunds are no longer possible.
When you want to stop using the purchased BestWineImporters Products, please cancel your subscription by writing us an email at email@example.com or by contacting us on the website chat. Your license will terminate and you will not be able to use the BestWineImporters Products anymore. If you cancel before the end of your current, paid-up year, there will be no refunds for partial years of usage and you will not be charged thereafter. There is no cancellation fee.
We reserve the right to terminate – anytime and at our discretion – your annual subscription with prior notice and without giving a reason. We will, however, refund the amount of your annual subscription corresponding to the remainder of your current, paid-up year.
We are exclusive holders of any and all intellectual property rights in the Website, in any and all BestWineImporters Products, in their databases, components and in their underlying software (including but not limited to copyright in object code and source code, copyright in databases, sui generis databases rights, copyright in digital content, any industrial property rights, logos, trademarks, design, graphic interface, Website content, text and graphics, etc., as well as their updates, enhancements and derivatives works).
When you buy any of the BestWineImporters Products, what you are buying is the right to use it for your own reference in connection with your business in the following ways:
– to access and view it online via electronic means;
– to download the emails in an available electronic format;
– to look for certain information inside the databases and print the searching results;
Our system allows you to export up to 100 contacts at once. There is also a total download limit of 4000 entries per day. Usually, these restrictions exist because we encourage our users to make sure that they make a detailed selection of the most promising leads before sending an email. From our experience, the more personalized the approach, the better the results .
All the above on condition that you keep intact all and any copyright and proprietary notices.
The Client understands and accepts that they will not be transferred any ownership on the respective BestWineImporters Products purchased (including in their relevant databases).
NOTE: Any and all references to “database” within this EULA shall mean data compilation (usually perceived as a structure of graphics, data and information arranged, presented and displayed in a certain modality) and set of information contained in the respective database, according to the applicable database laws. Our Company exclusively owns the rights vested by the applicable legislation in each such database (e.g., copyright in the structure and arrangement of the contents of databases and sui generis rights for database producers).
You are not allowed to:
(without our prior written consent and subject to certain restrictions and exceptions in the applicable legislation)
• Offer any of the BestWineImporters Products for resale.
• Share any of the BestWineImporters Products, their databases and their content with anybody else.
• Distribute any of the BestWineImporters Products, their databases and their content to any external person whether by electronic mail, over any network or otherwise and any other form of distribution towards the public, including the availability of their total or substantial part through leasing, online transfer or any other modality;
• Upload any of the BestWineImporters Products and /or their content to any server or display them on any website or intranet.
• Reproduce, copy, publicly communicate, modify, arrange, adapt, transform, alter, translate, license, sell or use in any other way – in part or in whole, permanently or temporary, through any means and in any form – any of the BestWineImporters Products, their databases, content of the databases, their software, their source code or object code, their design (including snapshots with data and graphics) information or data or any other element of any of the BestWineImporters Products (including copies and/or derivative works thereof), to any third parties for other purposes than the Client’s personal use under this EULA.
• Extract and/or re-utilize any significant portion of the contents of the databases of any BestWineImporters Products.
• Make available to the public the databases content – in total or in a substantial part;
• Use any data and information contained in the BestWineImporters Products (or in their databases) for transmitting unrequested commercial messages or for other unlawful reasons;
• Directly or indirectly incorporate / embed or use in any way any of the BestWineImporters Products in commercial products or services unless a license granting such right is executed between you and us.
• Allow unauthorized persons to use any of the BestWineImporters Products.
• Use any of the BestWineImporters Products in a way that breaches the law or the rights of any person.
• Create any derivative works based on any of the BestWineImporters Products and/or on any of its components, underlying software, content, databases or software.
• Use any elements from the Website (trademarks, content, design, text, look and feel, photos, etc.).
• And, in general, you are not allowed to act in any way that might restrict, limit or prejudice in any way our Company’s legitimate interests or rights in the BestWineImporters Products (including underlying software, databases and their components).
The Client agrees to use the BestWineImporters Products only for the purposes stated in this EULA. We reserve the right to take – at our discretion – any reasonable measures to limit or stop any illegitimate or unauthorized use of the BestWineImporters Products by the Client, including to terminate your license of use if you breach any of the above.
Warranties and our liability
Although we do our best to keep the data and the information in our databases up-to-date and as accurately as possible, such information is subject to constant change. Therefore such information is provided „AS IS” and „AS AVAILABLE”. We do not warrant explicitly or implictly the accuracy, completeness, currentness or other characteristics (such as merchantability or suitable quality for any particular purpose, etc.) of the information in or related to any BestWineImporters Products and we waive any related liability in this respect to the largest extent premitted by the applicable law.
Except for cases of intent or gross negligence, we may not be held liable, in any situation, for any prejudice, caused directly or indirectly (including, without limiting itself to this enumeration: loss of incomes or profit, loss of business, or other pecuniary damage), suffered following the use of any of the BestWineImporters Products. We may not be held liable, in any situation, for the way in which the Client uses the BestWineImporters Products and/or for any damages caused by the Client’s usage. The Client uses them at their own risk.
If any of the BestWineImporters Products is defective due to our fault (i.e., it is corrupted) then please contact us at firstname.lastname@example.org and notify us. You will be entitled to a replacement BestWineImporters Product. This constitutes our sole liability to you for any defective BestWineImporters Products.
In any case our maximum aggregate liability to you, where applicable, for all claims whether arising in contract, tort, breach of statutory duty or otherwise, and, whether in respect of a single event, series of connected events or of unconnected events, will be limited to: (i) in the case of any defective BestWineImporters Products – the replacement of such BestWineImporters Product; or (ii) in any other case – the price of the BestWineImporters Product for which you have paid for the ongoing year.
We may suspend our Website for maintenance or other technical reasons anytime.
We also reserve the right to change at any time the provisions of this EULA to reflect legal updates or changes in our Company’s commercial policy and also to modify and add new features and technical functionalities to our BestWineImporters Products, anytime at our choice. We strongly suggest that you save and print this version of the EULA as applicable at the date of your order on the Website.
Each provision of this EULA is independent and as a consequence, if any provision becomes null or cannot be carried into effect according to the applicable law, this will not affect the validity or the execution of the other provisions of the EULA; we will make reasonable efforts to replace it with one or more satisfying provisions.
We reserve the right to immediately terminate your license (including to suspend or terminate your use of the purchased BestWineImporters Products and your access to your customer account) if (a) you breach in any way this EULA (especially but not limited to any breach of our intellectual property rights), (b) if a competent authority or court of law requires us and/or (c) if we decide to withdraw from the market the BestWineImporters Products you have purchased (but point (c) at the end of your licensing term).
At our discretion, we may assign any of our rights and obligations regarding the BestWineImporters Products – either in the event of an acquisition, sale of business or assets or any other transaction involving our BestWineImporters Products or our Company.
This EULA is construed and governed by the Romanian applicable legislation. Any dispute deriving from this EULA and/or regarding your use of the BestWineImporters Products will be settled by the competent courts of law.
We use Google AdWords Remarketing to advertise BestWineImporters on the Google Display Network.
AdWords remarketing will display ads based on what parts of our Website you have viewed by placing a cookie on your web browser. This cookie does not in any way identify you or give access to your computer or mobile device. It is used to indicate to other websites that “This person visited a particular page, so show them ads relating to that page.” Google AdWords Remarketing allows us to present you a message that better suits your needs and only display ads that are relevant to you.
We use the following Google Analytics features:
– Remarketing with Google Analytics
– Google Display Network Impression Reporting
– Google Analytics Demographics and Interest Reporting
– Integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers
If you do not wish to see ads from us, you can opt out in several ways: