1.1.- The present contract (hereinafter referred to as the contract) regulates the relationship between you or the organization you represent (hereinafter referred to as the USER) and the mercantile company MY ONLINE FAIR S.L. (hereinafter referred to as ON VINUM) ON VINUM has its permanent address in Calle Bartolome de Carranza, 26, 4C, 31008, PAMPLONA, NIF number being B714030226, enrolled in the Commercial Register of Navarra in volume 1990, sheet 55, section 8, paper NA-39668
2.1.- ON VINUM has developed a platform, accessible via the web page www.onvinum.com (hereinafter referred to as the platform) which allows the USERS to get in contact using their contact information (phone number, email, address…) which they had previously facilitated via the platform, all this with the goal of creating commercial relationships among them. By logging in or accepting the communication request received via the platform, ON VINUM will communicate the users the contact information of the other user so that they can start communications
2.2.-The current conditions have as an object to regulate access to the platform and the use which can be done of the resources, data, and information accessible via the platform. ON VINUM reserves the right to modify the current conditions at any time being the current version, the one available in the platform, all this with no prejudice to the acceptance of conditions from the users.
2.3.-ON VINUM informs the current conditions are offered in both English and Spanish. In case of any conflict between the 2, it will be the Spanish version the one which will prevail.
2.4.-For any incidence, doubt, or question regarding the platform, the user can contact ON VINUM via the phone number +34 948 198 611 or the email address info@myonlinefair.com
3.1.- It will be considered a user, any producer or buyer, adult, which has registered in the platform, accessed, browsed, used, and/or participated in the platform without considering if they have completed their profile or not.
3.2.- TYPE OF USERS
3.2.1-Depending on the professional activity the user develops it will be considered either a “Producer” or a “Buyer”, which will be differentiated by filling out the corresponding registration form regarding the activity of the user.
3.2.2.-It will be considered a PRODUCER any physical or legal person who logs in to the platform and uses it to offer its product and be able to be contacted by BUYERS so that they commercialize their product.
3.2.3.-It will be considered a BUYER any physical or legal person or its representative who logs in to the platform and uses it to look for PRODUCERS whose products match their necessities and make formal agreements. The consumer will not be considered a BUYER.
3.3.- OBLIGATIONS OF THE USERS.
3.3.1.- General Obligations
To use the Platform, USERS must complete the registration form provided on the Platform. The data provided through the same must be truthful and must be always updated. In this sense, the USERS will be solely responsible for the accuracy, timeliness, and veracity of the data provided. Also, through the form the USERS will select a password that must be kept and used with due diligence in accordance with the section "ACCESS TO THE PLATFORM AND PASSWORDS" of this document.
The ultimate purpose of the Platform is to facilitate contact between USERS sharing USERS interested in initiating a contact, contact details. Thus, USERS, when filling out their profiles must provide active contact details and undertake to update them in case of any change.
Before USER profiles are visible to other USERS of the Website, ON VINUM will review the data and documents that USERS have provided during the generation of their profile to ensure that all fields have been correctly completed, that the information provided is as requested and that the profile conforms to the style requirements of the Platform. ON VINUM reserves the right to adjust, remove or modify those aspects of the USER's profile information that in its opinion do not conform to the style of the Platform or that present formal flaws or errors. Any change in the profile prior to its publication will be notified to the USER who will have the right to re-edit any change made by ON VINUM, if not re-edited such changes shall be deemed validly accepted by the USER.
Notwithstanding the review of the profiles prior to publication, ON VINUM does not guarantee that the data, information, and documents provided by the USERS are current, accurate, and truthful so that any inaccuracy, error, or negligence committed by a USER in this regard shall be the responsibility of the USER who provided the data. Consequently, ON VINUM disclaims any liability arising from errors or inaccuracies in the data completed by USERS who register on the Platform.
It is forbidden to use the Platform to offer products or services other than those that are the object of the same or that by their characteristics may be considered illegal.
PRODUCER and BUYER are the only parties to any agreements that may be reached once the contact between them, being ON VINUM exempt from any liability arising directly or indirectly from them. In this sense, the USERS accept that any liability arising from the development and/or negotiation of the agreements entered between them shall be their sole responsibility. Under no circumstances shall ON VINUM be liable for any damages and/or infringements arising from the agreements entered between the PRODUCER and the BUYER. Also, the USERS are the only ones responsible for the fulfillment of the legal, administrative, and/or fiscal regulations, among others that can be of application to the agreement that eventually is celebrated between them.
By using and registering on the Platform, USERS are obliged to comply with these General Conditions and, where appropriate, the specific conditions applicable to the permits granted, as well as to comply with the special warnings and instructions for use contained therein or elsewhere on the Platform and to act always in accordance with the law, to good customs and the requirements of good faith, using appropriate diligence, refraining from using the Platform in any way that may impede, damage or impair the normal operation of the same, property or rights of ON VINUM, its suppliers, partners, and other users or any third party.
USERS undertake to use the contact details accessible through the Platform solely for the purpose of obtaining information and/or initiating negotiations between the Parties. It is forbidden to send mass communications to USERS, as well as the inclusion of data in databases or distribution lists, it is also forbidden to send advertising and/or promotional content to USERS who have not previously and expressly requested.
The ultimate purpose of the Platform is to allow contact between USERS so that they can initiate satisfactory commercial or pre-commercial relationships, which is why when registering USERS undertake to respond to contact requests received and to respond within reasonable periods of time that in no case exceed ONE (1) working WEEK.
If ON VINUM becomes aware that a USER repeatedly fails to respond to requests for contact or once accepted does not interact with other USERS or that there are repeated breaches of the agreements by some USERS, it reserves the right to delete or block the account of such USERS without prior notice.
3.3.2.- Obligaciones del PRODUCTOR
PRODUCERS agree to be solely responsible for the information about their wineries and products that they publish in their profile on the Platform and must provide the same in accordance with the forms provided for this purpose, since the information provided, including prices, product characteristics, and other details, once reviewed by ON VINUM will be accessible by BUYERS.
The PRODUCERS, accept and know that the information linked to their products is considered as pre-contractual information and that it may be consulted by the BUYERS belonging to different media and channels. In this sense, it is indicated that the PRODUCERS are bound by this information and must therefore be able to comply with its contents, since compliance with it may be required by the other party.
PRODUCERS represent and warrant that they have no prior commitments or agreements that would prevent their registration on the Platform or the publication and promotion of their profile data and product information on the Platform among BUYERS from different media and channels.
It is forbidden to advertise products that do not comply with current regulations or that the PRODUCERS are not able to market under the conditions promoted. It is also expressly forbidden to refer to designations of origin, protected geographical indications, guarantee marks, distinctive signs or mentions of any kind without having authorization or authorization for their use. In this sense, ON VINUM expressly reserves the right to request at any time the PRODUCER to prove the truthfulness of the allegations made in its profile regarding either its winery or its wines.
ON VINUM reserves the right to delete or modify any published profile that violates the above principles without prior notice to the PRODUCER. Likewise, in case of repeated conduct, ON VINUM reserves the right to delete the PRODUCER's account without prior notice to the PRODUCER.
3.3.3.- BUYER's obligations
Once registered, the BUYER may, using the filters available on the website, contact the various PRODUCERS available that match his search parameters.
The BUYER undertakes to request contact through the channels provided on the Platform so that ON VINUM will forward such contact request to the PRODUCER and only when the latter is interested in initiating communication will ON VINUM share its contact details with the Parties. Although ON VINUM urges its USERS to respond to any contact request, it cannot guarantee that the PRODUCERS will respond to all requests and therefore cannot be held responsible for the inaction of its USERS.
In this sense, the BUYER declares to be familiar with the functioning of the Platform and to be satisfied with it.
The BUYER acknowledges and accepts that he/she is obliged to comply with all obligations imposed by virtue of what has been agreed with the PRODUCER and that in the event of non-compliance by any of the parties, he/she shall not be liable to ON VINUM.
4.1.- Some of the services and content offered through the Platform are limited access to users who complete a registration form. The collection and processing of personal data shall be governed by the provisions of the Personal Data Protection section of the General Conditions of Contract, as well as the provisions of the Privacy Policy.
4.2.- Because of the registration, the USER will choose a password that must comply with the security criteria established by ON VINUM. USERS undertake to make diligent use of and keep secret the password to access these services.
4.3-USERS are responsible for the proper custody and confidentiality of any identifiers and/or passwords to be used on the website and agree not to transfer its use to third parties, either temporarily or permanently, or to allow access to outsiders. The USER may change his/her password at any time. USERS are obliged to immediately notify ON VINUM of any event that allows the misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, to proceed to their immediate cancellation.
4.4.-If such events are not communicated, ON VINUM will be exempt from any liability that may arise from the misuse of identifiers and/or passwords by unauthorized third parties. Consequently, the USERS will be responsible for access to the Platform and the use of the same by any illegitimate third party using a password for this purpose due to a non-diligent use or loss of the same by the USER.
5.1.- Although the ultimate purpose of the Platform is to allow contact between USERS, the same additional services are offered aimed at promoting the products and identity of the USERS, as well as improving the communication strategy. The characteristics and scope of such services shall be as indicated at any given time on the Platform and, failing that, as indicated in the specific offer that may eventually be formalized with ON VINUM.
6.1.-ON VINUM shall be entitled to receive an economic consideration for the use that USERS make of the Platform and the tools available on it (hereinafter referred to as management fees).
6.2.- The expenses of management are accrued with the beginning of the communication on the part of a BUYER to a PRODUCER. This way in order that the PRODUCER could accede to the messages and information of contact of the BUYER who initiates the contract, the PRODUCER will have to pay the amount that in every moment is indicated in screen, in the concept of expense of management.
6.3.-ON VINUM reserves the right to increase, diminish, or eliminate at any time the amount of the expenses of management that it charges to the USERS and/or to establish other routes for the satisfaction of the same ones.
6.4.- The payment of the management fees must be made through the means provided for this purpose on the website, prior to accessing the content of the message regardless of its content or whether an agreement between the Parties is concluded because of it.
6.5.- In the case of additional services that may eventually be contracted by USERS, their price and method of payment shall be as indicated at the time of contracting and/or in the pre-contractual information accessible through the Platform and/or provided by ON VINUM.
6.6. - Within the additional services the platform offers the Onvinum Premium Service. The cost for the USER of the Onvinum Premium Service is 1500€ + Taxes per year (taxes only apply for Users registered in Spain). The Onvinum Premium Service includes the following for the users: 2 positioning slots that allow them to highlight wines in different markets, unlocking of contacts and free favorites, and introduction of all wines in the section of wines recommended by ONVINUM. The Premium service is a subscription and is valid for 365 days from the formalization of the contract. Once this period has elapsed, the platform reserves the right to automatically renew the service, and therefore the payment once a year has elapsed since the contract was signed. The USER may unsubscribe at any time through the instruments that the platform has enabled for it within the user profile, you can also do so by sending an email to info@myonlinefair.com, always at least one month in advance of the scheduled renewal date.
7.1.-All the elements that make up the Platform, as well as the content, images, and other graphic elements, structure, source code, and distinctive signs of any kind contained therein, are owned by ON VINUM or third parties and are protected by the corresponding intellectual and industrial property rights.
It is expressly prohibited the use, reproduction, distribution, public communication, transformation, or any other similar or analogous activity of the contents and elements and especially the data and information that are available on the Platform.
7.2.- USERS agree to respect the rights of industrial property, intellectual property, and image when generating their own content on the Platform when the creation of your profile. They also agree to be solely responsible for any infringement of the regulations that may cause the use of works, materials, and/or images of third parties without the required authorization.
7.3.-By creating the profile and uploading the content, USERS grant ON VINUM a non-exclusive license to use any element subject to protection by the intellectual or industrial property, including but not limited to photographs, distinctive signs, and industrial designs, with sufficient scope for the publication, editing and public communication of such elements on the Platform to be accessible by other USERS. All this during the term of this agreement and for a worldwide territorial scope.
7.4-Likewise, USERS expressly authorize ON VINUM to edit, adjust, or modify any graphic element included in the profile to adjust it to the style requirements of the Platform, which may involve, among other changes, the modification of the background color of a photograph or a distinctive sign, enlargement of fragments of a label...
The Platform may contain links to third-party websites that do not belong to ON VINUM, so it does not exercise any control over such portals or websites, nor is it responsible for their content. In any case, ON VINUM, disclaims any liability related to the information, content, and/or services provided by such third parties, against any claims of any nature and lawsuits that may be filed in connection therewith.
9.1.-The purpose of the Platform is to facilitate contact between PRODUCERS seeking to sell their products and BUYERS seeking to market the products of the PRODUCERS. The final agreement reached by the USERS, as well as the preparatory acts or negotiations thereof, shall be the sole responsibility of the USERS, the only parties involved in the agreement.
9.2.-ON VINUM, to the extent that it does not participate in the negotiation or preparation of the agreements and is not a party thereto, expressly excludes any liability arising directly or indirectly from the agreements entered by the USERS of the Platform, who acknowledge and accept that the use of the Platform and its services are made under their sole responsibility and risk.
9.3.-ON VINUM may require, but unfortunately cannot guarantee, the proper use of the Platform by the USERS, nor the respect of the law, or of the present General Conditions. Therefore, ON VINUM disclaims any liability arising from improper use of the Platform in the terms indicated above.
9.4.- Since access to the Platform, will be done telematically, the stability, availability, and quality of telecommunications services for Internet access will mark and condition the user's experience and even the ability to access the Platform. For this reason, it is necessary that the USER has a telecommunications service with sufficient stability and quality for the connections to be made. ON VINUM disclaims any liability for any failures or errors in the telecommunications service contracted by the USER to its operator, which make it impossible or difficult to access the Platform.
9.5.-ON VINUM does not guarantee that the data, information, and documents provided by USERS and accessible through the Platform, are current, accurate, and truthful so that any inaccuracy, error, or negligence committed by a USER in this regard shall be the responsibility of the USER who provided the data. Consequently, ON VINUM disclaims any liability for errors or inaccuracies in the data completed by USERS who register on the Platform.
9.6.-ON VINUM will make its best efforts to avoid any failure or malfunction of the Platform and the functionalities provided therein but cannot guarantee that the Platform is error-free. and expressly disclaims any liability for any failures or errors in the same.
9.7.-In any case, the liability of ON VINUM that may arise from the performance or breach of this contract shall be limited to 300 euros.
10.1-ON VINUM reserves the right to suspend or cancel without notice the USER's account on the Platform and consequently delete any message or content of your profile. The suspension or cancellation of the account by ON VINUM implies automatic cancellation of the USER's account on the Platform which will prevent it from accessing it and the data hosted on it.
10.2.- The suspension or cancellation of the account by ON VINUM does not generate any compensation for the USER.
11.1.- The processing of data object that occurs when the use of the Platform and its registration as a USER of the same shall be governed by the privacy policy accessible through this link.
11.2.- Notwithstanding the additional information accessible in the privacy policy, the USER is informed that ON VINUM will only process your data to manage your registration and subsequent use of the Platform for which, if you have the role of PRODUCER will make your data accessible to all USERS with the role of BUYER and manage communications with them. In the case of BUYERS, the data will only be accessible to those PRODUCERS who have been contacted.
11.3-Likewise, the interested party is informed that it will be able to exercise the rights of access, rectification, suppression, and portability before ON VINUM using for it any of the ways of contact foreseen in the present conditions, as well as in the policy of privacy accessible through the present link.
11.4.- It is also reported that to the extent that the ultimate purpose of the Platform is to enable contact between USERS contact details provided to complete the profile will be communicated to those USERS with whom they have consented or expressed interest in initiating a communication but will not be accessible to the generality of USERS of the Platform.
12.1.- The USER may download a PDF version of these terms and conditions. The latest version of them will be accessible to the USER, through a permanent link on the Platform from your account in the same. You may also request a copy of it to ON VINUM at any time.
12.2.-Relationship between the parties: The relationships between the parties contemplated in this Agreement are those of natural and legal persons independent of each other and vis-à-vis third parties. None of the parties, nor their employees, acts or may be construed as acting as a representative, agent, or representative of the other, nor their acts and omissions may give rise to any link that binds other parties against third parties.
12.3.- Cookies: We inform you that the acceptance of these terms and conditions implies acceptance of the cookie policy established for the Platform. You can access the Cookie Policy ON VINUM through this link.
12.4.- Modifications: Any modification that any of the parties intended to introduce in this Contract must be made in writing and with the prior consent of the other parties to be legally valid. Otherwise, the previously agreed upon in the Contract shall apply.
12.5.- Force majeure: Neither party shall be liable for breach of the obligations under this contract, when this is caused by force majeure, such as floods, earthquakes and other natural disasters, wars, rebellions, sabotage, threats, blackmail or extortion, blockades, embargoes, strikes, and lockouts due to social unrest, as well as actions and omissions of Governments, and any other circumstances that may qualify as force majeure as defined in Article 1. 105 of the Civil Code.
12.6.- Assignment of the contract: The Parties may not transfer the rights and obligations arising from this contract without the prior, express, and written consent of the other party.
12.7.- Partial nullity: The nullity of any provision of this Agreement shall not determine the total nullity of the same, except if the null provision is essential for the transactions that are the object of this Agreement.
12.8.- Waiver of rights: The non-exercise by any of the parties of any right that may correspond to them in accordance with this Agreement shall not be construed as a waiver thereof.
12.9.- Applicable Law: These Terms and Conditions shall be governed by Spanish law, which shall be applicable in all matters not provided for in this contract in matters of interpretation, validity, and execution, unless any rule of law provides otherwise, in which case the provisions of such provision shall apply.
12.10.- Jurisdiction: Jurisdiction shall be determined by the legal provisions applicable to the present legal relationship. If it is legally possible to choose the jurisdiction and there is, therefore, no rule prohibiting the establishment of jurisdiction by the parties, it is established that all issues that may arise with respect to these Terms and Conditions or the service provided through the Platform and the Application shall be subject to the jurisdiction of the Courts and Tribunals of Pamplona (Navarra).