Terms
and conditions application WINE IN BLOCK
Release 26/05/2021
PREAMBLE
WINE IN BLOCK is a
company focused on combating theft and counterfeiting in the wine
industry. It has developed a solution for private individuals and
wineries, which enables the authentication of bottles and/or cases of
wine, and further enables detailed information to be obtained in relation
thereto. This innovative solution is based on Blockchain technology.
WINE IN BLOCK has produced this solution in the form of a mobile
application available for download for free via Google Play Store (for
Android smartphones and tablets) and Apple Store (for iOS smartphones and
tablets) (referred to hereafter as “the Application”).
The purpose of these terms and conditions (referred to hereafter as “the
Conditions”) is to regulate access to / the terms of use of the
Application, and to also monitor the Services made available to Users by
WINE IN BLOCK.
The access and use of the Application are subject to the Conditions of
this document, which the User must read and accept before accessing and
using said Application.
By using the Application, the User declares having read and unreservedly
accepted all of the Conditions herein.
DEFINITIONS
In these Conditions,
the terms which commence with a capital letter are to be interpreted as
per the definitions here below, it being hereby specified that terms in
the plural also include those in the singular (and vice versa).
“Application”
Means the application produced by WINE IN BLOCK available for free on
Apple Store and Google Play Store. “Conditions” Means these WINE IN BLOCK
Terms and Conditions which apply to Users and are available on the
Platform.
“Passport of the bottle”
Means the digital document containing information enabling the
identification of the bottle: name of the wine estate, cuvée, vintage,
colour of the wine, serial number of the bottle, and data relating to its
geographical location.
“Passport of the case”
Means the digital document containing information enabling the
identification of a case of wine: name of the wine estate, cuvée, vintage,
colour of the wine, the temperature log and humidity readings for the case
of wine, and data relating to its geographical location.
“User”
Means any natural person who has access to or uses the Application
produced by WINE IN BLOCK. The User must be aged 18 years or over. Use of
the Application by a minor is prohibited.
Article 1 - THE
SERVICES OF THE APPLICATION
The Application
provides Users with the following services:
- The authentication of bottles of wine or cases of wine;
- Geographical tracking of bottles and cases of wine;
- Information regarding the wine and the wine estate (origin, advice for
tasting and storage);
- Data monitoring in respect of the temperature and humidity of a case of
wine.
(referred to hereafter as “the Services”).
To that end, WINE IN BLOCK uses Blockchain technology as described here
below.
• For bottles
WINE IN BLOCK uses
NFC microchip technology for each bottle, which is linked to the Passport
of the Bottle.
Each microchip is unique and is rooted in the Blockchain: the Passport of
the Bottle corresponds to a microchip and is consequently unforgeable, and
can also be authenticated.
The reading of the microchip via the WINE IN BLOCK Application enables the
User to satisfy themselves as to the authenticity of the bottle.
If the NFC microchip is recognized, the User can then download a
certificate of authenticity and access information contained in the
Passport of the Bottle.
If the bottle does not have an NFC microchip, or if the microchip has been
damaged, the Application will inform the User that the bottle is
unidentified, and the User will be invited to contact WINE IN BLOCK.
If there is an attempt to counterfeit an NFC microchip, the Application
will inform the User that the bottle is certified as being inauthentic,
and the User shall also be invited to contact WINE IN BLOCK.
• For cases
WINE IN BLOCK uses an
electronic unit (QWIB) for each case, which is linked to the Passport of
the Case.
Each unit is unique and is registered in the Blockchain. As such, the
Passport of the Case is unforgeable and can be used to guarantee the
authenticity of a case.
The reading of the unit via the WINE IN BLOCK Application enables the User
to satisfy themselves as to the authenticity of the case.
If the unit is recognized, the User can download a certificate of
authenticity and access information contained in the Passport of the Case.
If the bottle does not have a QWIB unit, or if the unit has been damaged,
the Application will inform the User that the case is unidentified, and
the User will be invited to contact WINE IN BLOCK.
If the case is
counterfeit, the Application will inform the User that the case is
certified as being inauthentic, and the User shall also be invited to
contact WINE IN BLOCK.
Article 2 -
PREREQUISITES FOR USE OF THE SERVICES
In order to access
and use the WINE IN BLOCK Application, the User must be of legal age and
must be legally capable of entering into a contract.
The User acknowledges that French law n°2009-979 of 21st July 2009
prohibits the sale of alcoholic beverages to minors. Any registration on
the Application by or on behalf of a minor is strictly prohibited.
These Conditions exclusively apply to Version 1 of the Application which
does not require the creation of a personal account for the User to be
able to access the Services.
Article 3 -
RESPECTIVE OBLIGATIONS OF THE PARTIES
3.1 General
obligations of Users
By using the
Services, the User undertakes:
- Not to use the Application for profit-making or professional or
commercial purposes that are not directly linked to the wine-making
operation within the User’s domain. In such cases, WINE IN BLOCK reserves
the right to suspend the User’s access to the Application, and also
reserves the right to initiate legal proceedings against them;
- Not to provide WINE IN BLOCK with any false, misleading or fraudulent
information;
- Not to infringe the rights and image of WINE IN BLOCK, particularly its
intellectual property rights.
3.2 Obligations
of WINE IN BLOCK
WINE IN BLOCK
undertakes to use its best efforts to make the Application accessible by
the User 24 hours per day, 7 days a week, subject to any interruptions in
service due to maintenance and/or improvement works, network faults,
server failures, or any other event beyond its control.
The nature of the Services offered by WINE IN BLOCK are subject to
vagaries relating to technological equipment, internet speed and available
connection. The User acknowledges that WINE IN BLOCK is subject to an
obligation to provide the means, not the outcome.
Article 4 -
FINANCIAL CONDITIONS
The use of the
Application such as described in these Conditions is free for the User.
As such, the User is hereby informed that no request for payment shall be
made of them by WINE IN BLOCK in respect of the use of the Application,
and WINE IN BLOCK shall not be held liable for any undue payment made by
the User to a third party.
WINE IN BLOCK provides an email support service to Users: support@wineinblock.io
Article 5 -
LIABILITY
5.1 Liability and
obligations of WINE IN BLOCK
The User acknowledges
and accepts that WINE IN BLOCK services are limited to making all
reasonable efforts to ensure the provision and operational maintenance of
the Application, i.e. purely technical services.
As such, the User relieves WINE IN BLOCK, its subcontractors and
suppliers, of any liability, and shall indemnify them against any claim or
action in relation to the Application which may be brought against them by
any third party, and shall assume responsibility for damages as well as
any costs that they (the User) might be ordered to pay, or costs that may
be specified (as payable by them (the User)) in a settlement agreement
signed by them (the User) with this third party, notwithstanding any
damages which WINE IN BLOCK, its subcontractors and suppliers may be able
to claim owing to the torts/delicts of the User.
Furthermore, under no circumstances shall WINE IN BLOCK be liable for any
harm Users may cause to third parties and any ramifications in respect of
claims or action resulting therefrom. As host service provider, WINE IN
BLOCK is subject to a mitigated liability regime (régime de responsabilité
atténuée) in accordance with articles 6.I.2. et seq. of French law
n°2004-575 of 21st June 2004 to support confidence in the digital economy.
5.2 Limitation of
liability
WINE IN BLOCK
undertakes to use its best efforts to make the Application available, and
to best ensure the provision of the Services to Users while protecting
their safety, however WINE IN BLOCK accepts no liability in respect of:
- Interruptions, outages, modifications, suspension or malfunctioning of
the Services (irrespective of the means of communication used – and of
whatever nature and source),
- cyber-attacks or hacking, loss of data, bugs, privation, removal or
disabling (temporary or permanent – and for whatever reason) of access to
the internet network;
- temporary unavailability of access to the Application due to technical
issues of whatever nature and source;
- direct or indirect harm (of whatever kind) caused by the User, arising
from access, management, use, exploitation, malfunction and/or
interruption of the Services;
- abnormal use or illicit exploitation or fraudulent misuse of the
Services by any User.
More broadly, WINE IN BLOCK shall not be liable in the event of use of the
Application, which does not comply with these Conditions, by a User.
Article 6 -
INTELLECTUAL PROPERTY
All trademarks,
figurative or otherwise, and all other trade names, service marks,
illustrations, images, logos, designs and templates, whether registered or
not, copyrights and patent rights (referred to hereafter as “intellectual
property”) appearing on the Application are and shall remain the exclusive
property of the company WINE IN BLOCK.
Any reproduction (whether full or partial), modification or use of
intellectual property, for any reason or via whatever medium, is strictly
prohibited without the prior express written consent of WINE IN BLOCK.
This restriction also applies to any combination or use of any other
brand, symbol, logo or, more generally, any distinctive mark intended for
use within a logo.
Non-compliance with this restriction constitutes a counterfeit, which may
invoke the counterfeiter’s civil and/or criminal liability, and against
whom WINE IN BLOCK reserves the right to claim compensation for any
damages incurred.
More generally, WINE IN BLOCK is and shall remain the exclusive owner of
i) all of the rights (including intellectual property) in respect of the
Application, all of the elements which make up the Application or any
element provided to the User by WINE IN BLOCK in regards to these
Conditions; ii) any right relating to know-how, techniques, equipment,
programs, tools, integrations, enhancements and/or documents developed by
WINE IN BLOCK.
Article 7 - FORCE
MAJEURE
Should WINE IN BLOCK
be unable to provide the Services to Users, such as the Services arising
out of these Conditions – namely providing access to / use of the
Application – as a result of a case of force majeure (within the meaning
of article 1218 of the French Civil Code), the performance of its
obligations shall be suspended during the period in which the
circumstances of a force majeure persist.
WINE IN BLOCK shall notify the User of such an event as soon as possible
following the occurrence of a case of force majeure and shall make every
effort to limit the consequences of this delay.
It being hereby specified that if such force majeure should persist over
time, this would not relieve Users of their obligation to comply with
these Conditions.
In such a scenario, Users shall have no claim to any compensation in light
of the fact that the Services are being freely provided to them.
Article 8 –
ACCESS TO THE APPLICATION
The User is free to
use (or not) the WINE IN BLOCK Services.
WINE IN BLOCK reserves the right to restrict or refuse access to the
Application by a User who does not comply with the terms of these
Conditions.
In such a case, WINE IN BLOCK shall send a notification to the User, to be
responded to within a reasonable period of time (which the User shall be
given prior notice of), in order to bring an end to any acts or conduct
that is not in compliance with these Conditions.
Failing a response within the specified time period, or failing a
satisfactory reply, WINE IN BLOCK reserves the right to refuse such User
access to the Application.
Article 9 -
APPLICABLE LAW AND SETTLEMENT OF DISPUTES
In the event of a
failure to reach an amicable agreement, the matter shall be settled via
the competent courts.
Article 10 -
MISCELLANEOUS
10.1 Modification
WINE IN BLOCK
reserves the right to amend, at any time and without prior notice, all or
part of these Conditions.
Users are invited to check these Conditions regularly in order to learn of
any possible modifications that have been made thereto.
Use of the WINE IN BLOCK Services constitutes acceptance, on the part of
Users, of any alterations made to these Conditions.
WINE IN BLOCK reserves the right to provisionally or definitively suspend
the Application without delay or compensation of any kind.
10.2 Divisibility
Where one of the
clauses of these general terms and conditions should be declared void by
virtue of a legal ruling, such nullification shall not invalidate any of
the other clauses which will continue to be in effect.
10.3 Non-waiver
clause
Where Users refrain
from invoking, either temporarily or permanently, one or more of the
clauses of these general terms and conditions, this does not in any way
constitute a waiver of the subsequent enforcement of the clauses in
question and/or the remainder of these Conditions.