Terms of Service

Welcome to italianwinecryptobank.com and Italianwinecryptobank.io  (“the Websites” herein) the Internet sites of Italian Wine Crypto Bank owned by The I Factor Ltd, which also owns other Internet sites affiliated, each of which is operated by The I Factor Ltd and its affiliates (collectively referred to herein as “we,” “us,” or “our”).

Please note that your use of the Websites is subject to the following terms (“terms of service”). If you do not agree with any of these terms of service, do not access or otherwise use this site or any information or materials contained on it. Your use of the Websites shall be deemed to be your agreement to abide by each of the terms set forth below.

The terms of service may be updated by Italian Wine Crypto Bank from time to time with or without notice to you. Your continued use of the Websites indicates acceptance of any modifications to the terms of service.

1.YOUR OBLIGATIONS

You agree not to do any of the following while using the Websites:

1. Intentionally or unintentionally violate any applicable law or regulation.
2. Access, tamper with, or use non-public areas of the Websites or computer systems.
3. You will not access the Websites with any manual or automated process for any purpose other than to purchase the Websites products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the Websites (“data scraping”) is prohibited, regardless of whether such use is for commercial or non-commercial purposes.

2.SALE OF ALCOHOLIC BEVERAGES

We do not sell alcohol to people under the age that is considered legal in the country where the wine is shipped. By using this site, you confirm that you are over that age and that the person receiving a shipment of alcoholic beverages from us is over that age. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age to provide alcohol to a person under the age that is legal in the country in which the wine is shipped, we will prosecute you fully to the extent allowable by law.

3.TITLE AND OWNERSHIP

Title to, and ownership of, all wine passes immediately from us to the purchaser at the bonded warehouse where we store our wine and the purchaser takes all responsibility for shipping it from that warehouse to his/her home address.

By arranging for transportation of the wine, we are providing a service to, and acting on behalf of the purchaser. By utilizing this service from us, the purchaser is aknoledging that he/she is complying with his/her country, state and local laws regarding the purchase, transportation and delivery of wine.

We are not responsible for any loss and damage that may occur during the shipment.

4.PAYMENT

In the event that a transaction is processed with insufficient payment, we have the right to use any payment method we have on record for you, and to charge any credit card, debit card, or any other payment method that we have on file for you one or more times, for full or partial amounts, as reasonably necessary for us to collect the payment due from you before your purchase order may be cleared for dispatch.

5.RETURNS

Every effort is made to ensure that orders are fulfilled correctly. Returns and/or cancellations are not accepted after your purchase. If the wines have been not dispatched to you yet you can put on sale the wines you have purchased in the dedicated section of the Websites.

6.FIXED TERM STORAGE

If you have opted for storing the wine with us accepting one of the fixed terms offered, you are entitled to the bonus Crypto+Wine only if your wine is stored up to the last day of the fixed term, which is indicated in our confirmation of the fixed term we will email you and/or appear in your dashboard upon receiving the order from you.

Your possible bonus Crypto+Wine is calculated on the value of the cryptocurrency you have used for the purchase in the fifteenth day before the end of the fixed term chosen, which is indicated in our confirmation of the fixed term we will email you and/or appear in your dashboard upon receiving the order from you.

You are entitled at any time to claim the shipping of the wine that you have in the fixed terms storage to your address, either through your agent or as per service provided by us (at a cost that will be previously quoted). Shipments cannot be organised before at least 5 days after receiving the request of shipment either from your dashboard.

You may continue to store the wine with us, after the expiration of the fixed term storage (3- and 6-month terms). You are entitled to one year of free storage from the purchase date. You will bear the cost of the insurance from the day after the end of the fixed term chosen. You are requested to notify your intention to keep storing the wine with us not later than 5 days before the end of the fixed term.

7.LOSSES AND DAMAGES DURING THE FIXED TERM STORAGE

We are not responsible for any loss and damage that may occur to the wine you have purchased and put in one of the fixed term storage packages offered to you. Losses and damages during the fixed term storage are covered by the insurance opened in your name or in the name of a beneficiary indicated by you.

8.TERMINATION OF YOUR IWCB PRIVILEGE CLUB MEMBERSHIP

We may terminate your IWCB PRIVILEGE CLUB membership with or without cause at any time effective immediately. If we terminate your membership without cause, we will refund on a prorated basis any portion of your Membership fee that you prepaid in advance for the remaining portion of your then-current Membership term.

For any membership that has been inactive for twelve consecutive months, we reserve the right to assess a maintenance fee of $10.00 per month. On the eleventh month of inactivity, we will notify you of your inactivity and the scheduled maintenance fee via email.

9.MISPRICED PRODUCTS OR SERVICES

We have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged. If you have already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your account in the amount of the charge.

10.MODIFICATIONS TO PRICES OR BILLING TERMS

We reserve the right, at any time, to change our prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.

11.THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on the Websites by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Italian Wine Crypto Bank. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Websites by anyone other than authorized Italian Wine Crypto Bank employees acting in their official capacities. The inclusion of any link on the Italianwinecryptobank.com Site does not imply that Italianwinecryptobank.com endorses the linked site.

12.COPYRIGHT PROTECTION OF CONTENT

All text, prices, graphics, logos, icons, images, audio clips and software on the Websites (“Site Content”) are copyrighted materials owned by or licensed to The I Factor Ltd. The Site Content may contain trademarks, service marks and trade names which are owned by The I Factor Ltd and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties.

Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by The I Factor Ltd, its affiliates, or third parties. “Italian Wine Crypto Bank” is a registered trademark of The I Factor Ltd.

Unless authorized in writing by an officer of Italian Wine Crypto Bank, The I Factor trademarks may not be used in connection with any product or service that is not Italian Wine Crypto Bank, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Italian Wine Crypto Bank.

You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Italian Wine Crypto Bank or the rights holder.

Nothing contained in the Websites shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Italian Wine Crypto Bank, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Italian Wine Crypto Bank, its affiliates, and/or any third party, as applicable.

13.NOTICE OF COPYRIGHT INFRINGEMENT

Italian Wine Crypto Bank respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please write to [email protected] including the following information a description of the copyrighted work that you claim has been infringed; where the material that you claim is infringing is located on the site; your address, telephone number, and email address.

14.NOTICES

Italian Wine Crypto Bank will give you any necessary notices by posting them on the Websites. You authorize Italian Wine Crypto Bank to send notices via electronic mail as well if Italian Wine Crypto Bank decides, in its sole discretion, to do so. You agree to check the Websites for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Websites.

15.DISCLAIMER OF WARRANTIES

If you are dissatisfied with any portion of the italianwinecryptobank.com site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the italianwinecryptobank.com site. This sole and exclusive remedy is separate and independent of any other provision that limits italianwinecryptobank.com liability or your remedies.

16.PRIVACY POLICY

Your use of the Websites is governed by the following Privacy Policy:

https://cellar.italianwinecryptobank.com/privacy-policy/

17.FORCE MAJEURE

We shall be excused from performance under this Terms of Service if we are prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the countries or any state thereof where our wine is shipped or stored, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

18.GENERAL PROVISIONS

You agree that Italian Wine Crypto Bank and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Italianwinecryptobank.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Italian Wine Crypto Bank to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Italian Wine Crypto Bank in writing. The Terms of Service, along with the Italianwinecryptobank.com Privacy Policy, comprises the entire agreement between you and Italian Wine Crypto Bank and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Italian Wine Crypto Bank. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Italian Wine Crypto Bank shall be null and void. These Terms of Service will inure to the benefit of Italian Wine Crypto Bank successors, assigns, and licensors.

19.DISPUTES

Any dispute or claim relating in any way to your use of any Italian Wine Crypto Bank Service, or to any products or services sold or distributed by Italian Wine Crypto Bank will be resolved by binding arbitration, rather than in court, through the International Chamber of Commerce.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated May 20, 2022.