TERMS AND CONDITIONS OF USE
Welcome to www.sothebyswine.com.hk, a website owned and operated by Sotheby’s Wine Hong Kong Limited (“Sotheby’s Wine HK”), (referred to in these Terms and Conditions of Use as “we”, “our”, or “us”), a subsidiary of Sotheby’s Hong Kong Limited. The following terms and conditions (“the Terms and Conditions of Use”) govern your use of www.sothebyswine.com.hk (“the Website”). We may change the Terms and Conditions of Use from time to time, without notice to you, by posting such changes on the Website. By accessing, using, browsing, or purchasing on the Website, you accept and agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not access or otherwise use the Website.
By making a purchase on the Website, you also agree to the Conditions of Sale found above.
- Registration. You confirm that you are of 18 years old or more by registering an account with us and purchasing through the Website. You must at all times ensure the accuracy of the information you provided with us. Please inform us immediately upon change of any of your information so as to allow us to provide our services to you effectively and efficiently.
- Proprietary Rights. As between you and Sotheby’s Wine HK, Sotheby’s Wine HK owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organisation of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Website does not grant to you ownership of any content, software, code, data or materials you may access on the Website.
- Limited License. We offer the Website and its services only to those who may lawfully enter into and form contracts under applicable law. For example minors under 18 years old are not allowed to purchase alcohol on the Website. You agree to comply with all applicable law, statutes and regulations regarding use of the Website. You may access and view the content on the Website on your computer or other Internet compatible device, and make single copies or prints of the content on the Website for your internal use only. The Website and the services offered on or through the Website, including any content, software, code, data and materials thereon, are only for your own internal use.
- Prohibited Use. Any commercial distribution, publishing or exploitation of the Website, or any content, software, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission of Sotheby’s Wine HK or the applicable rights holder. Other than as provided in Section 3 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Website. If you make other use of the Web Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other applicable laws of Hong Kong and/or other countries and may be subject to liability for such unauthorised use. Sotheby’s Wine HK will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered or unregistered Trademarks of ours and others and may not be used unless authorised by the trademark owner. All Trademarks not owned by us that displayed on the Website or on the content available through the Website, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or on the content available through the Website without our express prior written permission or that of the third party rights holder. Your unauthorised use of the Trademarks displayed on the Website or on the content available through the Website is strictly prohibited. Sotheby’s Wine HK will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
- User Information. In the course of your use of the Website, you may be asked to provide certain personalised information to us (such information referred to hereinafter as “Personal Data”). Our information collection and use policies with respect to the privacy of such Personal Data are set forth in the Website’s Privacy and Security Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the Personal Data, and you agree to keep it up to date. It is your sole responsibility to maintain the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.
- Prohibited User Conduct. You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity, whether actual or fictitious or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any the Website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional services; (c) attempt to gain unauthorised access to other computer systems through the Website; (d) engage in spidering, “screen scraping”, “database scraping”, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, personal or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (e) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (f) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the Website or the Website’s services or features in violation of Sotheby’s Wine HK’s or any third party’s intellectual property or other proprietary rights; or (h) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse, engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make unauthorised use thereof. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Website.
- Linking to the Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Website or on another website, for any unauthorised purposes, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website is “framed”, surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Sotheby’s Wine HK, 5/F Pacific Place, 88 Queensway, Hong Kong.
- Indemnification. You agree to defend, indemnify on demand and keep Sotheby’s Wine HK indemnified, and hold Sotheby’s Wine HK and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorney’s fees arising in any way from your use of the Website or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Website, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions of Use. Sotheby’s Wine HK reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sotheby’s Wine HK’s defence of such claim.
- Third Party Web Sites. You may be able to link from the Website to third party web sites and third party web sites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
- DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” OR “AS AVAILABLE”, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOTHEBY’S WINE HK ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE WEBSITE TO THE EXTENT PERMITTED BY THE APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SOTHEBY’S WINE HK AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH SOTHEBY’S WINE HK OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY SOTHEBY’S WINE HK “AS IS”.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL SOTHEBY’S WINE HK, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OF THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SOTHEBY’S WINE HK FOR YOUR USE OF THE WEBSITE OR PURCHASE OR PRODUCTS VIA THE WEBSITE.
- Local Standards. We do not represent that materials on the Website are appropriate for use in all locations. Persons who choose to access the Website do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Termination. Sotheby’s Wine HK may terminate, change, suspend, add to or discontinue any aspect of the Website or the Website’s services at any time, in our sole discretion, and without liability to any user. Sotheby’s Wine HK may restrict, suspend or terminate your use of or access to the Website and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Website or services). Sotheby’s Wine HK maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
- Changes to Terms and Conditions and Website. Sotheby’s Wine HK reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time, and we will post the revised version on this Website. Changes in the Terms and Conditions of Use will be effective when posted. Your continued use of the Website and/or the services offered on or through the Website after any changes to the Terms and Conditions of Use are posted will be considered acceptance of those changes.
- Miscellaneous. The Terms and Conditions of Use and the relationship between you and us shall be governed by the laws of Hong Kong Special Administrative Region and you irrevocably agree to submit to the exclusive jurisdiction of the Hong Kong courts in relation to any claim or dispute concerning or arising from the Terms and Conditions of Use. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions of Use by Sotheby’s Wine HK must be made in writing and signed by an authorised representative of Sotheby’s Wine HK specifically referencing these Terms and Conditions of Use and the provision to be waived. Headings used in these Terms and Conditions of Use are for convenience only and are not be relied upon. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and other provisions of the Terms and Conditions of Use remain in full force and effect. These Terms and Conditions of Use will inure to the benefit of, and are intended to be enforceable by, Sotheby’s Wine HK’s successors, assigns and licensees.
- Further Inquiries. You may direct questions about these Terms and Conditions of Use, or other issues to:
5/F One Pacific Place
- In the event of any inconsistency between the English and the Chinese versions of the Terms and Conditions of Use, the English version shall prevail.
Last Updated July 2014