The use of CELLARHOPPING website and Services is governed by the following Terms and Conditions.
“CELLARHOPPING Services” or “Services” means:
· personal account creation
· access to a large collection of agritourism services
· booking management
· custom iteneraries creation
· distribution to other channels.
By accepting the present terms, the User declares that is aged eighteen (18) or over. In any other case, CELLARHOPPING is not responsible for this use.
CELLARHOPPING reserves the right to change the Terms and Conditions. In that case, the changed Terms and Conditions will be uploaded on the site. The User will be notified by email. The User’s continuing use of the CELLARHOPPING Services is deemed the User’s unconditional acceptance of the changed Terms and Conditions.
CELLARHOPPING reserves the right to change its Services to improve them, at any time. The changes will be uploaded on the site. The User is advised to check them periodically for amendments. The User’s continuing use of the CELLARHOPPING Services is deemed the User’s unconditional acceptance of the changed Services.
The User of the Services is required to sign up and create an account (“User Account”) by inserting their e-mail, their company’s details such as VAT number and address, and by identifying a password. The User is solely responsible to provide any User content or information that may be necessary to use CELLARHOPPING Services. The User shall ensure that all information provided to CELLARHOPPING in connection with the User Account and use of the Services is at all times accurate, complete and up-to-date.
Data relating to the User ID, password, or any other information as part of our security procedures should be processed by the User as confidential, according to the present Terms and other CELLARHOPPING policies.
Therefore, the User should not make them further available to any third party. CELLARHOPPING is not responsible for any losses resulting from or in connection with unauthorized use of the User’s Account.
The information set out in these Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between the User and CELLARHOPPING until the User’s order has been accepted by CELLARHOPPING. If CELLARHOPPING does not accept the User’s offer and funds have already been deducted from the User’s account, these will be fully refunded.
To place an order, the User will be required to follow the shopping process online and press the “Authorize payment” button to submit the order. After this, the User will receive an e-mail from CELLARHOPPING acknowledging that CELLARHOPPING has received the order (the “Order Confirmation”). All orders are subject to acceptance by CELLARHOPPING that will confirm such acceptance to the User by sending an e-mail that confirms the purchase.
All orders for products are subject to availability and in this regard, CELLARHOPPING reserves the right to give the User information about substitute products of an equal or higher quality and value which the User can purchase. If the User does not wish to go through the purchase of such substitute products, CELLARHOPPING will refund any monies that the User might have paid.
CELLARHOPPING reserves the right to withdraw any product from this website at any time and/or remove or edit any materials or content on this website.
The User may cancel any purchase, according to the cancellation policy set out at each one of the products. In that case, the User will be refunded for money paid. If the User does not cancel such purchase at the aforementioned amount of time, the User is not entitled to any refund.
The User agrees at all times to follow these Terms and to make lawful and appropriate use of the Services. The User agrees that when using the Services will not violate any applicable laws or regulations and will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
The User is obliged to refrain from any illegal, contrary to business ethics, unfair and abusive use of the Services and not to perform any acts or omissions that may cause damage or malfunction to the Website or to third parties or affect or endanger the provision of the Company’s services.
The User represents, covenants, and warrants that the User will use Services only in compliance with CELLARHOPPING’s standard published policies then in effect, and all applicable laws and regulations.
CELLARHOPPING reserves the right to prohibit any use of Services it believes may be (or alleged to be) in violation of the foregoing, or in case the use of Services or any other behavior of the User, deliberately or unintentionally, threatens the ability of the Services to run smoothly and in an unobstructed manner.
CELLARHOPPING exclusively retains all intellectual property rights in its website and all the Services provided herein, as well as all its Documentation, and all other procedures, functionalities, software, documentation, trademarks or distinctive signs, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio and video files, logical diagrams, flowcharts, orthographic mappings, codified sheets, codification, source codes or items, entries, test data and routine tests, and in any/all other intellectual properties of CELLARHOPPING related to this Agreement. CELLARHOPPING’s intellectual properties may not be modified, copied, altered, reproduced, adapted, or translated without express authorization from the owner of said intellectual property.
The User may not eliminate or in any way modify the copyrights, logos, or commercial trademarks included in the Services. No ownership of any intellectual property rights relating to the CELLARHOPPING Services is assigned or transferred to the User.
The User recognizes that all CELLARHOPPING’s intellectual properties related to the Services represent a substantial investment by CELLARHOPPING and are of substantial value. Their value is protected under applicable trademark law, copyright law, decrees, directives, and ordinances. In the event of an actual or threatened breach of the Agreement that would diminish or impair their intellectual property value, CELLARHOPPING shall be entitled to an injunction restraining the User from such breach and this shall be in addition to any other rights or remedies that CELLARHOPPING may have.
Notwithstanding anything to contrary, except for death or bodily injury of a person, CELLARHOPPING and its officers, affiliates, representatives, contractors and employees will not be responsible or liable with respect to any subject matter of these Terms and Conditions under any contract, negligence, strict liability or other theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business; (b) for any indirect, punitive, exemplary, incidental, special or consequential damages arising out of, or in any way connected with our services, the documentation or use thereof, or these Terms; (c) for any matter beyond
CELLARHOPPING’s reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by the User to CELLARHOPPING for the Services in the one or twelve months (according to the User’s Subscription Plan) prior to the act that gave rise to the liability.
To the extent permitted by law, the total liability of CELLARHOPPING for any claims under these terms, is limited to the amount you paid us to use the Services.
CELLARHOPPING makes every possible effort to control and protect from viruses the material uploaded to its website and the servers that host it. However, CELLARHOPPING does not accept and bears no responsibility for any loss, alteration or destruction of data or software or hardware of the user that may occur during or after the use of this Website, while the possible cost of any corrections, replacements or repairs is borne solely by the User. In any case, it is recommended that Users – every time they connect to the Internet – use anti-virus and anti-malware software.
The User agrees to indemnify, defend, and hold harmless CELLARHOPPING, its officers, affiliates, representatives, contractors, and employees against any claims, legal liabilities, damages, costs, and expenses (including attorneys’ and experts’ fees) arising out of any of them in respect of any breach of the present by the User or other members of the User’s close environment in connection with the use of Services by the User or them.
8. Warranty And Disclaimer
The User expressly acknowledges and agrees that the User’s use of Services is performed by the User’s sole risk and that the User resumes the risk of satisfactory quality, performance, accuracy, and effort. The Services are provided “as is” and as available, without warranties of any kind and without the possibility of changes or interventions by the Users. CELLARHOPPING and its officers, affiliates, representatives, contractors, and employees disclaim all conditions, warranties, representations, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, functionality, error, and non-infringement of third-party rights.
CELLARHOPPING does not guarantee that the pages of its website, their contents and its Services will operate and be provided uninterruptedly and without errors.
CELLARHOPPING may from time to time recommend, provide the User with access to, and/or enable the User’s use of third-party applications, products, services, or website links (collectively “Third Party Services”). Such Third-Party Services are made available to the User only as a
convenience, and access or use of them is solely between the User and the provider of the applicable Third Party Services (“Third Party Provider”).
Any use by the User of Third Party Services is entirely at the User’s own risk and discretion and it is the User’s responsibility to read the terms and conditions and policies applicable to such Third Party Services. CELLARHOPPING does not provide any warranties to the User with respect to any Third Party Services and is not responsible or liable to the User or anyone else for such Third Party Services. Under no circumstances shall CELLARHOPPING be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, or any other damages or loss that result from any Third Party Services and the User’s contractual relationship with any Third Party Provider.
In case the User enables a Third Party Service for use with the Services, the User grants CELLARHOPPING permission to allow the applicable Third Party Provider to access the User’s data and other materials and to take any other actions required for the interoperation of the Third Party Service with the Services. CELLARHOPPING is not responsible for any disclosure, modification, or deletion of the User’s Data or other materials or for any losses or damages the User may suffer as a result of access by a Third Party Service or a Third Party Provider to the User’s Data or other materials.
The links to other websites (“Linked Sites”) are not under the control of CELLARHOPPING and CELLARHOPPING is not responsible for the contents of any Linked Site, including but not limited to any link contained in Linked Sites or any changes or updates to a Linked Site. CELLARHOPPING is providing these links to the User only as a convenience and the inclusion of any link does not imply endorsement by CELLARHOPPING or any association with its operators.
While CELLARHOPPING takes care to ensure that all prices quoted on the website are accurate, errors may occur. If CELLARHOPPING discovers an error in the price of any product(s) the User has ordered, CELLARHOPPING will inform the User as soon as possible and give the User the option of reconfirming the order at the correct price or cancelling it.
The prices displayed on the website include VAT. The User will be responsible for payment of all taxes and duties that may be levied now or
in the future by any authority, following acceptance of the terms contained herein, regarding the Services, as well as taxes, duties and/or charges relating to the connection and use of the Internet. In case that any of the above taxes, duties, and/or charges are paid at any time by CELLARHOPPING, the User will indemnify CELLARHOPPING fully and at its request.
CELLARHOPPING reserves the right to change price and availability information without notice. Changes will not affect orders in respect of which CELLARHOPPING has already sent an Order Confirmation.
Payment can be made by Visa and MasterCard. Cards are subject to validation checks and authorization by the User’s Card issuer. If CELLARHOPPING does not receive the required authorization, CELLARHOPPING will not be liable for any delay or non-delivery.
The User’s account is valid until its deletion by the User. The User may delete the account at any time.
In addition to any other remedies it may have, either party may also terminate this agreement upon ten (10) days’ notice (or without notice in the case of nonpayment) if the other party materially breaches any of these Terms. The User will pay in full for Services up to and including the last day on which Services are provided. Upon any termination, CELLARHOPPING will make all User Data available to the User for electronic retrieval for a period of thirty (30) days, but thereafter CELLARHOPPING may, but is not obligated to, delete stored User Data.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnification, data security, and privacy, and limitations of liability.
Confidential Information includes all non-public information regarding the business of one of the Parties (either the User or CELLARHOPPING) received by the other party, including but not limited to features, functionality, and performance of Service, business plans, business methods, business opportunities, finances, development, know-how, personnel, customers, and other information such as the contents of any Pricing Agreement, the Services, and Services Data.
Confidential Information does not include (a) information that the party that owns the information makes generally available to the public, (b) information that either party can demonstrate had rightfully in possession prior to disclosure by the other party, (c) information that is independently developed by one party without the use of any confidential information of the other party, (d) information that one party rightfully obtains from a third party who has been given the right to disclose it by the other party to
disclose it without confidentiality obligation, (e) information that is required to be disclosed by law or a court or other judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party promptly and in writing.
Each Party receiving confidential information (“Receiving Party”) from the other Party (“Disclosing Party”) agrees to take reasonable precautions to protect such Confidential Information and to prevent any unauthorized use (except in performance of Services or as otherwise permitted herein), disclosure, or publication of Confidential Information to any third party, without prior written consent. The Receiving Party may disclose Confidential Information to its affiliates and/or contractors, provided that there is a need to know such Confidential Information and are bound by confidentiality obligations at least as restrictive as those herein.
The Receiving Party will return to the Disclosing Party all Confidential Information of the Disclosing Party and permanently erase all copies of such Confidential Information promptly upon the written request of the Disclosing Party.
The obligations under this Section shall continue to remain in force for a period of five (5) years after the last disclosure. The provisions of this Section shall supersede any non – disclosure agreement between the Parties entered prior to these Terms.
Please read these documents carefully to understand our approach and practices regarding your personal data and how we will handle it.
CELLARHOPPING may assign, transfer, or sub-assign any or all of its rights and/or obligations under the present, without prior written consent and/or notice, if such assignment is made to a company affiliated with CELLARHOPPING or to a special or universal successor of CELLARHOPPING, through the purchase of part or all of its assets.
The present is governed by and construed in accordance with the laws of Greece. The Courts of Athens have exclusive jurisdiction in any dispute that may arise as a result or in connection with the present, if not resolved amicably.
Except for the payment obligations hereunder, neither Party shall be liable to the other for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of act of God, acts of government, flood, fire, earthquakes, technical failures, terrorist attack or other similar unforeseeable catastrophic event that prevents either Party from fulfilling its obligations under this Agreement and which such Party cannot avoid or circumvent. The Services may from time to time encounter technical or other problems and may not continue to be uninterrupted. CELLARHOPPING is not responsible for any such problems or any damages resulting therefrom.
CELLARHOPPING may communicate with the User via email or through the Services (through the User’s Account). These Terms constitute the entire agreement between the User and CELLARHOPPING regarding the subject matter hereof. These Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter hereof.
The User agrees that CELLARHOPPING may provide the User with notices, including those regarding changes to these Terms, by email or through postings to the CELLARHOPPING site. Any notice given by the User to CELLARHOPPING shall be deemed properly given and deemed received when successfully delivered by email. Each communication and document made or delivered by one Party to the other shall be in English and/or Greek language.
If any provision of these Terms is found to be illegal, unenforceable, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions shall be unaffected and remain in full force and enforceable.
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