WINE EVENTS GENERAL TERMS & CONDITIONS
Please read these wine events general terms and conditions (the “Wine Events Terms and Conditions”) carefully before purchasing any Wine Event Ticket (as defined below) from Omtis Fine Wines Limited (referred to as the “Company”, “we”, “us” or “our”) and attending any Wine Event (as defined below) or Virtual Wine Event (as defined below) (as the case may be), and also retain a copy of these Wine Events Terms and Conditions for future reference.
These Wine Events Terms and Conditions apply to and are binding on the Company, its Customers and each Event Attendee (as defined below As a Customer, you shall be responsible for ensuring that each Event Attendee who attends a Wine Event or Virtual Wine Event pursuant to a Wine Event Ticket purchased under your name is aware of these Wine Events Terms and Conditions and accepts them. You hereby agree that in the event that any such Event Attendee breaches any of these Wine Events Terms and Conditions, you will indemnify us for any and all loss and damage arising from or in connection with such breach. By participating in any Wine Event or Virtual Wine Event, an Event Attendee is deemed to have accepted and be subject to these Wine Events Terms and Conditions.
All Wine Event Tickets are available for sale through our E-Commerce Platform (as defined below), and may from time to time also be available at Suite M1, 10/F Kaiser Estate Phase 3, 11 Hok Yuen Street, Hung Hom, Kowloon, Hong Kong. Unless otherwise specified, these Wine Events Terms and Conditions shall apply to all our Wine Events and Virtual Wine Events, including both Online Purchases (as defined below) and Offline Purchases (as defined below), mutatis mutandis. If you are making an Online Purchase, please refer to the following terms and conditions which may apply to your use of our E-Commerce Platform: https://www.omtisfinewines.com/terms. If you are making an Offline Purchase, please refer to the following terms and conditions which may apply to your orders instead: https://www.omtisfinewines.com... the avoidance of doubt, complimentary Wine Event Tickets are also subject to these Wine Events Terms and Conditions.
- Interpretation
In these Wine Events Terms and Conditions:-- “Contract” means any agreement between the Company and the Customer for the sale by and the purchase of Wine Event Tickets from the Company;
- “Customer”, “you” means any person, firm, company, corporation or body which purchases a Wine Event Ticket from the Company and if comprises of more than one person, each person’s liability is joint and several;
- “E-Commerce Platform” means the e-commerce platform of the Company used for, among other things, the sale by and the purchase of Wine Event Tickets from the Company;
- “Event Attendee” means any person who is entitled to attend a Wine Event or a Virtual Wine Event, as the case may be;
- “Event Staff” means the directors, partners, officers, employees, contractors, agents and volunteers of the Company, as well as any staff at the Venue;
- “Offline Purchase(s)” means the purchase of a Wine Event Ticket through any means other than our E-Commerce Platform;
- “Online Purchase(s)” means the purchase of a Wine Event Ticket through our E-Commerce Platform;
- “Venue” means the venue at which a Wine Event is held, as stipulated on the Wine Event Tickets for such Wine Event or, where the venue is changed after a Contract has been concluded, as communicated by the Company to the Customers from time to time;
- “Virtual Wine Event(s)” means a Wine Event that is held and attended online through web-conferencing software, including without limitation any events designated by the Company as a “Virtual Wine Event” from time to time;
- “Wine Event(s)” means an event organised by the Company in relation to wines, wine producers and/or wine-related products, including without limitation any events designated by the Company as a “Wine Event” from time to time; and
- “Wine Event Ticket(s)” means a ticket for the admission to a specific Wine Event or Virtual Wine Event (as the case may be)
- Additional Terms and Conditions
These Wine Events Terms and Conditions should be read in conjunction with all statements, directives and/or any other terms and conditions shown or displayed on the email confirmation or sales invoice (as the case may be) evidencing your purchase of the Wine Event Tickets, on-site at the Wine Event or otherwise communicated by the Company from time to time (together, the “Additional Terms and Conditions”).
Due to the unique nature of each Wine Event, an additional set of terms and conditions may be applicable to a particular Wine Event (the “Unique Terms and Conditions”). The Unique Terms and Conditions will be provided on our E-Commerce Platform on the webpage of the relevant Wine Event to which they are applicable.
These Wine Events Terms and Conditions, the Additional Terms and Conditions and the Unique Terms and Conditions are all of the terms and conditions under which the Wine Event Tickets are to be supplied and shall prevail over any terms and conditions which the Customer may stipulate, incorporate or refer to in writing or orally and shall prevail over any terms, conditions, warranties or representations which we or any employee, representative or agent of ours may have stipulated, incorporated or referred to in relation to any previous Contracts, in advertising or otherwise and whether in writing or orally.
The Additional Terms and Conditions applicable to any Wine Event shall supersede and prevail over these Wine Events Terms and Conditions and the Unique Terms and Conditions in the event of any conflict. The Unique Terms and Conditions shall supersede and prevail over these Wine Events Terms and Conditions in the event of any conflict.
- Orders and Contracts
All Online Purchases and Offline Purchases are subject to acceptance and availability. In the case of an Online Purchase, items in your shopping cart are not reserved and may be purchased by other Customers unless a valid Contract has been made.
Once you have placed your order for Wine Event Ticket(s) and we have accepted payment for such order, you will, in the case of an Online Purchase, receive an email confirmation or, in the case of an Offline Purchase, be provided with a sales invoice, which states the details of your order, including without limitation the number of tickets purchased. In case of an Offline Purchase, an electronic version of the sales invoice may also be available and sent to you through email upon request at the time of the Offline Purchase. This email confirmation or sales invoice (as the case may be) is conclusive evidence of our acceptance of your order and the completion of the Contract between you and us. The Contract is therefore concluded in Hong Kong and the language of the Contract is English. For the avoidance of doubt, all Wine Event Tickets are non-refundable, non-transferrable and non-exchangeable once the Contract has been formed.
We reserve the right to not accept your order for any reason that we deem appropriate in our sole and absolute discretion, including without limitation if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is no longer available, or if you do not meet the eligibility criteria set out within these Wine Events Terms and Conditions.
We may also refuse to process and therefore not accept an order for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawal of any merchandise from the E-Commerce Platform, whether or not that merchandise has been sold, or our removing, screening or editing of any materials or content on the E-Commerce Platform, or our refusal to process a transaction or our reversal or suspension of any transaction after such transaction has been partly or fully effected.
While we use all reasonable efforts to ensure that the details on our E-Commerce Platform are accurate, we may from time to time discover an error in the pricing of Wine Event Tickets. If we discover an error in the pricing of a Wine Event Ticket in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a Wine Event Ticket that was advertised at an incorrect price and we hereby expressly reserve the right to cancel such an order that has been accepted. If you order a Wine Event Ticket that is priced incorrectly for any reason, we will contact you (whether by email, telephone or otherwise) to inform you that a valid Contract has not yet been made, that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for such Wine Event Ticket, we shall refund the full amount as soon as we are able. If the order has been adjudicated as having been accepted, you agree that such order shall have been rescinded with your agreement, and that full refund of your paid purchase price on such order shall be the full and final compensation and recourse for the rescission of such order.
For the avoidance of doubt, no coupon code, discount or promotion can be used for the purchase of a Wine Event Ticket unless otherwise permitted by us.
- Conditions of Entry to a Wine Event
4.1 Admission to a Wine Event
Unless otherwise specified, entry to a Wine Event will be granted upon the terms and conditions of that Wine Event. If no entry conditions are specified, entry to a Wine Event will be granted either upon presentation of an email confirmation or a sales invoice (as the case may be) by the Customer or, in the absence of such email confirmation or sales invoice, based on the list of Customers and of the number of Wine Event Tickets purchased by each of those Customers as maintained by the Event Staff. Each Customer may only grant the attendance of one (1) Event Attendee per Wine Event Ticket registered with the Customer, and the attendance of any persons in excess of the number of Wine Event Tickets registered with the Customer shall not be permitted save with our express permission.
4.2 Minimum Age
All Event Attendees must be of the legal age or above for the consumption of alcohol of the jurisdiction in which the Wine Event is held (the “Legal Age”) in order to be eligible to enter and participant in the relevant Wine Event. An Event Attendee may be asked to present his or her photogenic identification document by us or an Event Staff for the purpose of verifying whether he or she has reached the Legal Age upon gaining entry to a Wine Event, and will be refused entry if he or she is under the Legal Age.
4.3 Restricted Capacity Areas
We may apply restrictions on the number of people that can enter certain areas of the Venue, such as within enclosed areas (“Restricted Capacity Areas”). Once the maximum capacity, as we shall determine in our sole and absolute discretion, at any Restricted Capacity Area is reached, we and/or any Event Staff may prevent further admissions to such Restricted Capacity Area. A Wine Event Ticket does not guarantee admission to Restricted Capacity Areas under any circumstances.
- Compliance with Laws and Directions
All Event Attendees at the Venue must promptly follow all reasonable directions of ours and of any Event Staff, including without limitation security and traffic management personnel, as well as all directions conveyed on signage at the Venue. They must also comply with all applicable laws and regulations at all times during a Wine Event.
We may authorise or instruct, at its absolute discretion, any Event Staff to carry out or perform any of the obligations or functions of ours in connection with the Wine Event.
In the case of an emergency, all Event Attendees at the Venue must follow all official directions of or authorised by us, Event Staff and emergency services personnel.
- Refusal of entry to or eviction from a Wine Event
We reserve the right to, and to authorise or instruct any Event Staff to, refuse entry to or evict any person, including any Event Attendee, from the Venue who:-- fails to comply with these Wine Events Terms and Conditions, the Additional Terms and Conditions or the Unique Terms and Conditions;
- is under the Legal Age;
- is unable to produce a valid and current Photo ID where requested;
- appears to be unwell or is showing symptoms of a contagious disease; or
- engages in any illegal activity or behaviour or any activity or behaviour that the Company, in its sole and absolute discretion, deems unsafe, disorderly or antisocial, including without limitation being intoxicated or affected by alcohol or drugs; entering non-public or designated no access areas of the Venue or areas of the Venue to which his or her Wine Event Ticket does not permit access; climbing the staging, rigging or other structures at the Venue; causing damage to property or goods at the Venue; or acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner, or for any other reason deemed necessary in the interests of the Company, other Event Attendees and any other people at the Wine Event.
No compensation of any nature will be provided to any party in the event that any Event Attendee is so refused entry to or evicted from any Wine Event. In the event of any dispute, we reserve the right of final decision.
- Prohibited Items
To the extent permitted under law, the Company and any Event Staff may confiscate any Prohibited Items or any other items which the Company shall, in its sole and absolute discretion, consider to be or may be illegal, unsafe, antisocial or offensive. Confiscated items will not be returned, replaced or reimbursed. No compensation of any nature will be provided to any party for any Prohibited Item so confiscated by the Company and/or any Event Staff.
“Prohibited Items” include without limitation to outside food or beverages; illicit drugs; knives; weapons; offensive or race-related banners, signs, slogans or materials; or any other items that may interfere with the enjoyment, comfort or safety of other persons or security at the Venue.
- Photography and Filming at a Wine Event
We shall have the right to authorise professional photography, filming and video production to take place during any Wine Event. In attending any Wine Event, an Event Attendee consents to (i) being included in any photos, videos and audio recordings taken by any authorised professional photographers, videographers and any other related personnel; and (ii) grant to us an irrevocable royalty-free worldwide license to use such photos, videos and audio recordings taken. We shall have the right to reproduce, distribute, broadcast, exhibit, edit, digitize or in any other way use the photos, videos and audio recordings by any means and in any form of media, whether existing now or created later, without restriction worldwide, without any further approval from any Event Attendee or any payment to any Event Attendee. Event Attendees hereby acknowledge and agree that we are and shall be the exclusive owner of all title, rights and interest in such photos, videos and audio recordings, including all intellectual property rights.
Any unauthorised photography, filming or recording is strictly prohibited at any Wine Event. We reserve the right to confiscate or delete any such unauthorised photos, footage and/or recordings taken, and to evict any person found to be in contravention of this clause from any Wine Event. No compensation of any nature will be provided to any party for any photos, footage and/or recordings so confiscated or deleted.
- Outside Food and Beverage, Smoking, Drugs and Illicit Substances
Only food and beverages purchased or distributed at the Venue may be consumed at any Wine Event. All Wine Events are fully licensed.
Smoking is strictly prohibited at Wine Events that are held indoors. In respect of outdoor Wine Events, we may make available designated smoking areas at the Venues. Smoking is only permitted in designated smoking areas at any outdoor Venue, and any person found to be smoking at such Venue other than in a designated smoking area may be evicted from the Wine Event.
Any Event Attendee found to be supplying, consuming or in possession of illegal substances by us or any Event Staff will be evicted from the Wine Event.
- Special Assistance
10.1 Accessibility
Event Attendees are advised to inform us as soon as practicable or in any event not less than five (5) business days before the day of the Wine Event of any special access requirements. While we endeavour to make every Venue accessible for those using wheelchairs, mobility scooters or with a disability, disability access may be restricted at certain Venues where pre-existing structures or conditions render it impossible, impractical or unsafe to make all areas of such Venues accessible for everyone. We shall not be held liable or responsible for being unable to provide access to any persons requiring special access requirements.
10.2 Injured or unwell during a Wine Event
In the event that any Event Attendee is injured or feels unwell during any Wine Event and requires medical treatment, it should be brought to our attention or any of the Event Staff immediately.
- Personal Belongings and Conduct at a Wine Event
11.1 Personal Belongings
Event Attendees are solely responsible for the safety and security of their personal belongings or property brought into the Venue during any Wine Event. We accept no responsibility for any loss, damage or theft of or to any personal belongings or property at any Wine Event.
Upon leaving any Wine Event, Event Attendees are responsible for removing all personal belongings or property from the Venue. We will not be responsible for any personal property remained at the Venue after the conclusion of each Wine Event, and any such personal property so remained will be at our disposal following the conclusion of each Wine Event. Any personal property and items found at the Venue following the conclusion of any Wine Event shall constitute as abandoned items, and we shall not be liable or responsible for returning any personal property or any items located at the Venue following the conclusion of any Wine Event.
11.2 Conduct at a Wine Event
While we endeavour to ensure the safety of every Event Attendee at any Wine Event, entry to the Venue is at the Event Attendee’s own risk. By attending any Wine Event and entering the Venue, each Event Attendee acknowledges and agrees that there may be risks of damage and loss to any person and/or property howsoever arising at the Wine Event and fully accepts any such risks on an informed basis.
Event Attendees must not damage, improperly use or tamper with any property or facility at the Venue. We reserve the right to evict any person who intentionally or recklessly cause any such damage to any property or facility at the Venue from any Wine Event. No compensation of any nature will be provided to any party in the event that any Event Attendee is so evicted from any Wine Event.
Event Attendees are responsible for placing any litter in the recycle or other bins provided in the Venue at any time during a Wine Event.
- Virtual Wine Events
12.1 Virtual Wine Event Tickets
Where you have purchased Wine Event Ticket(s) in respect of a Virtual Wine Event, you will receive an email containing an access link or a number of access links (the “Access Link(s)”) to the relevant Virtual Wine Event. Each Access Link may be valid for one (1) device only, and may contain instructions, including without limitation pre-registration procedures, which you are required to follow in order to attend the Virtual Wine Event. The use of a Virtual Wine Event Ticket by more than one (1) device at the same time may not permitted.
Unless otherwise specified, times and dates of all Virtual Wine Events are stated in Hong Kong time. We shall have no responsibility to accommodate to any request for the change in the time or date of any Virtual Wine Event.
12.2 During a Virtual Wine Event
Unless otherwise specified, Event Attendees may freely enter or exit a Virtual Wine Event at any time during the Virtual Wine Event, and may have the option to show their video and speak when permitted to during a Virtual Wine Event.
We shall have the right to authorise photography, filming, recording and live streaming to take place during any Virtual Wine Event. In attending any Virtual Wine Event, an Event Attendee consents to (i) being included in any photos, videos and audio recordings taken by any authorised personnel; and (ii) grant to us an irrevocable royalty-free worldwide license to use such photos, videos and audio recordings taken. We shall have the right to reproduce, distribute, broadcast, exhibit, edit, digitize or in any other way use the photos, videos and audio recordings by any means and in any form of media, whether existing now or created later, without restriction worldwide, without any further approval from any Event Attendee or any payment to any Event Atteendee. All Event Attendees hereby acknowledge and agree that we are and shall be the exclusive owner of all title, rights and interest in such photos, videos and audio recordings, including all intellectual property rights.
A Virtual Wine Event may include discussion groups, virtual meeting rooms and other forums (“Interactive Areas”) enabling interaction between Event Attendees, wine sponsors/producers/suppliers, guest speakers and/or participants. We do not control, have no control over and are not responsible for information and/or materials disseminated in Interactive Areas by any Event Attendee, wine sponsors/producers/suppliers, guest speakers and/or participant (“User-generated Content”) and cannot guarantee the veracity or accuracy of any such User-generated Content. All use of Interactive Areas is at the Event Attendee’s own risk and we are under no obligation to monitor any User-generated Content.
All Event Attendees shall conduct themselves appropriately and with respect to others when participating or interacting in the Interactive Areas and when submitting or disseminating any User-generated Content. Event Attendees are responsible for the content of the User-Generated Content which they contribute and must comply with the restrictions set out as follows:-
(i) Event Attendees may not, within the Interactive Areas post, publish, link to, upload, download, send, distribute, use or re-use any information or material which:-
(a) is obtained in breach of confidence or which contains confidential information or infringes any intellectual property rights or rights of privacy or other rights of any third party;
(b) is offensive, threatening, abusive, indecent, defamatory, obscene;
(c) is unlawful;
(d) constitutes unsolicited advertising or promotional material of any type; or
(e) constitutes or contains a virus or other harmful component or malware;
(ii)Event Attendees may not use any Interactive Area:-
(a)for any unlawful purpose;
(b)to impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same; or
(c) to collect, store, disclose or otherwise process any personal data of any other Event Attendee without the express consent of the relevant Event Attendee.
By disseminating any User-generated Content in the Interactive Areas, Event Attendees agree to reimburse us for any losses, damages, costs and expenses which we may incur as a result of their dissemination of any such User-generated Content.
We may, without prior notice, apply any restrictions or remove any Event Attendees from their access or use of any Interactive Areas. We may, without prior notice, edit, remove, restrict or otherwise alter any User-generated Content. We shall be under no obligations to exercise any such rights under any circumstances, and we shall not be held liable in any manner for any exercise, or lack of exercise, of any such rights.
12.3 Prohibited Conduct
All Event Attendees are responsible for minimising any distraction or disruption that may be caused to other Event Attendees attending the Virtual Wine Event during the Virtual Wine Event. We reserve the right to mute any Event Attendee or to remove any Event Attendee’s right to attend any Virtual Wine Event where any such Event Attendee displays any behaviour that is antisocial, detrimental to our interests or the interests of other Event Attendees attending the Virtual Wine Event, causes any disruption to the operation of the Virtual Wine Event or as we otherwise deem unreasonable or unacceptable in the circumstances in its sole opinion. No compensation of any nature will be provided to any party in the event that any Event Attendee is so denied of his or her right to attend any Virtual Wine Event.
Unless otherwise authorised by us, all Virtual Wine Events may only be attended through personal devices only, and may not be recorded, broadcast or displayed in public by any means.
We reserve the right to deny participation to any Event Attendee who engages in or is reputed to engage in unethical or non-compliant business practices. No compensation of any nature will be provided to any party in the event that any Event Attendee is so denied of his or her right to participate in any Virtual Wine Event.
Event Attendees hereby agree and acknowledge that in addition to the prohibitions set forth in this Clause 12.3, we shall have the right to, without prior warning or notification, withdraw or terminate your access or the access of any Event Attendee to any Virtual Event without any compensation if we, in our sole and absolute discretion, are of the view that the Event Attendee may be in breach of these Wine Events Terms and Conditions.
12.4 Web-conferencing
Any and all costs associated with the attendance of any Virtual Wine Event shall be borne solely by the Event Attendee, and we shall have no liability for such costs.
Virtual Wine Events, by nature, require the use of third-party software, including without limitation web-conferencing software or tools (“Web-conferencing Software”). The Access Link is provided solely for the purpose of prompting your access to the Virtual Wine Event held by means of the Web-conferencing Software. Such Access Link is not under our control, and we are not responsible for the content or functionality of such Access Link.
Event Attendees are responsible for procuring the necessary equipment and technical set-up for participating in any Virtual Wine Event by using the Web-conferencing Software, including without limitation to ensure the compatibility of such equipment with the Web-conferencing Software and the availability of a sufficiently reliable internet connection. We shall have no responsibility for the reliability or continued availability or speed or quality of the device or equipment that any Event Attendee uses to access a Virtual Wine Event. We shall also not be liable for any technical issues which may arise as a result of a Event Attendee’s failure to ensure the compatibility of his or her device with the Web-conferencing Software or which otherwise hinder the Event Attendee’s attendance or enjoyment of any or any part of a Virtual Wine Event.
While we endeavour to ensure that all Virtual Wine Events run smoothly and free from any delay, disruption or disturbance, we shall not be liable for any such delay, disruption or disturbance in the operation of the internet or problems caused by the internet service provider of any Event Attendee, for any telecommunications failures that are beyond our reasonable control or for any other technical aspects of a Virtual Wine Event that hinder any or any part of the Virtual Wine Event from being conducted. You hereby acknowledge that we make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Access Link or the Web-conferencing Software, or that the use of the Access Link and/or the Web-conferencing Software will be secure, uninterrupted or free of viruses or other harmful components.
To the extent permitted by law, we shall not be liable for any direct, indirect or consequential damages of any kind, loss of information, software, programmes or any other materials or files arising from or in connection with your use of the Access Link and/or the Web-conferencing Software for the participation of any Virtual Wine Event.
- Refund and Cancellation Policy
For the purposes of this Clause 13, “Wine Events” shall include “Virtual Wine Events”.
13.1 Variation of a Wine Event
We reserve the right to change any and all aspects of a Wine Event, including without limitation to add, withdraw or substitute any wine sponsors, exhibitors or participants at any Wine Event, and to vary the event programme, entry and exit times, venue, as well as the facilities and entertainment to be provided at the Wine Event at its sole and absolute discretion without prior notification.
13.2 No Refund
Except where required by applicable laws and regulations or otherwise provided in this clause, there will generally be no refund of any Wine Event Tickets or of any unused portion of a Wine Event Ticket (as the case may be). This includes without limitation circumstances where an Event Attendee has been refused entry to or evicted from the Wine Event in accordance with the terms of these Wine Events Terms and Conditions, or where a Event Attendee fails to attend a Wine Event on the designated date and time.
13.3 Cancellation for reasons beyond our control
In the event that a Wine Event is required to be cancelled, in whole or in part, due to any reason, event or circumstance outside of our reasonable control, including without limitation a Force Majeure Event (as defined below), we may, at our sole and absolute discretion:-
(i) Postpone the Wine Event: Provided that the Wine Event is postponed to a date within twelve (12) months of the original date of the Wine Event, we may continue to hold payment for the Wine Event Tickets and all Event Attendees shall have the right to use the Wine Event Tickets to attend the postponed Wine Event. If the Wine Event is not postponed within the period as specified above, it will be considered as cancelled and all relevant Wine Event Tickets may be refunded in accordance with Clause 13.3(ii) below; or
(ii) Cancel the Wine Event: We may in our sole and absolute discretion elect to cancel the Wine Event and provide a full refund of any Wine Event Tickets for such Wine Event in the event it is impossible to postpone the Wine Event in accordance with Clause 13.3(i) above.
“Force Majeure Event(s)” means any acts of God, strikes, lock-outs, labour disputes or other industrial actions, embargoes, pandemics, wars, riots, civil disturbances, malicious damage, government interventions, sanctions, accidents, fire, floods, storms, disease, outbreaks, unavailability of the Venue due to any reason(s) not attributable to the fault of the Company and any other event to the extent that it is beyond the Company’s reasonable control.
13.4 Cancellation for any other reasons
In the event any Wine Event is cancelled for any reason other than those specified in Clause 13.3, we will provide a full refund of any Wine Event Tickets for such Wine Event. You hereby acknowledge and agree that full refund of your Wine Event Ticket(s) shall be the full and final compensation and recourse for the cancellation of the Wine Event and we shall not be liable for any other loss or damage caused by or resulting from the cancellation of the Wine Event.
- Disclaimers
We do not promise, warrant or guarantee in any manner that our website or any content, service or feature of our website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of our website will provide specific results. Our website and its content are delivered on an "as-is" and "as-available" basis. All information provided on our website is subject to change without notice. We cannot ensure that any files or other data you download from our website will be free of viruses or contamination or destructive features. To the extent permitted under law, we disclaim:-
(i) all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose; and
(ii) any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our website and/or any of our services.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
You assume total responsibility for your use of our website and any linked sites. Your sole remedy against us for dissatisfaction with our website or any content is to stop using our website or any such content.
We reserve the right to do any of the following, at any time, without notice:-
(i) to modify, suspend or terminate operation of or access to our website, or any portion of our website, for any reason;
(ii) to modify or change our website, or any portion of our website, and any applicable policies or terms; and
(iii) to interrupt the operation of our website, or any portion of our website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Limitation of Liability
To the extent permitted by law, the Company and/or the Event Staff shall not be liable to you and/or to any Event Attendee for any claim (whether arising in or for contract, tort (including but not limited to negligence), breach of statutory duty, misrepresentation (other than fraudulent or negligent misrepresentation) or otherwise) under or in connection with these Wine Events Terms and Conditions for:-
(i) any economic losses;
(ii) any loss of goodwill or reputation; or
(iii) any special, indirect or consequential loss.
- Governing Law
These Wine Events Terms and Conditions and each Contract shall be governed by and construed in all respects in accordance with the laws of Hong Kong and you and the Company irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.
- General
No delay in exercising or non-exercise by us of any right, power or remedy under or in connection with these Wine Events Terms and Conditions shall impair such right, power or remedy or operate as a waiver or release of it.
If any provision, or any part of any provision, of these Wine Events Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Wine Events Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and the liability of the Company, any Customer or Event Attendee shall not be affected or impaired.
No Customer or Event Attendee may assign, transfer or otherwise deal with your rights, interests or obligations under these Wine Events Terms and Conditions or enter into any transaction which would result in any of those obligations passing to another person without our prior written consent.
When a Contract is formed, a person who is not a party to that Contract shall have no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) to enforce or enjoy the benefit of any of its terms.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Wine Events Terms and Conditions, your use of any of our Platforms or your purchase of any Wine Event Tickets. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ours, and we shall not be liable for any representation, act, or omission on your part.
In the event of any disputes, we reserve the right of final decision on all matters. All decisions made by us shall be final and binding.
