Terms of Use Spirits Invest B.V.
This Terms of Use is the User Agreement for the below-defined Service made available to you by Spirits Invest B.V. (“Spirits Invest”). This is also where you will find posted updates to this User Agreement in the future.
YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION, MATERIALS AND SERVICES, COLLECTIVELY, THE “SERVICE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (“AGREEMENT”). BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM SPIRITS INVEST, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
Spirits Invest may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted in the on the website of Spirits Invest. You will be responsible for regularly checking the website and for reviewing any changes to the Agreement. By using the Service after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Use of this Service
YOU MUST BE OF LEGAL DRINKING AGE IN YOUR COUNTRY OF RESIDENCE TO USE THE SERVICE. IF NO SUCH LAW EXIST IN YOUR COUNTRY, YOU HAVE TO BE OVER 21 TO USE THE SERVICE.
Subject to the terms of this Agreement, Spirits Invest grants you a revocable, non-transferable, non-exclusive right to use those portions of the Service, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party. Using the Service for commercial use (e.g. spirits investment advisory) requires the explicit written permission of Spirits Invest, and may involve paying an additional fee that is to be determined by Spirits Invest.
Subject to the terms of this Agreement, you may download or print reports as provided from the Service via a “Download report” button but only in connection with your own personal, noncommercial use and not on behalf of any third party. Downloads and prints must always be made of the full report as made available on the Service, including the Spirits Invest copyright notices and intended use and terms for the report.
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Service, or any portion of it (including, but not limited to, any download or printed copies made from it) without Spirits Invest’s prior written consent.
Spirits Invest has the right, at any time without notice, to: (i) revoke or limit your license to use the Service (or any portion of it); and (ii) change or discontinue providing the Service (or any portion thereof). Spirits Invest has no obligation to update the Service or to correct any errors or omissions that might be contained in it.
Subscribing to the Service and Password
You may not use the Service without a valid subscription from Spirits Invest. To obtain a subscription, you must register for the Service by completing and submitting the online registration form available for the Service. Your subscription will not be valid unless and until Spirits Invest accepts your completed registration. By registering for the Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Spirits Invest promptly of any changes to this registration information. This notification can be effected either by editing your user profile in the Service or by emailing to the address listed below under “Customer Service and Product Support.”
Your subscription is personal to you, and you may not transfer or share your subscription with another person.
You are required to select a password to access or use the Service. Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Agreement).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY SPIRITS INVEST (USING THE E-MAIL ADDRESS LISTED BELOW UNDER “CUSTOMER SERVICE AND PRODUCT SUPPORT”) OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
Automatic renewal of the Service
In those instances where you subscribe to the Service using a special or introductory offer, unless you notify us that you wish to cancel your Service subscription before the end of its initial term, your Service subscription will automatically renew for the period of time specified in that offer and your credit card will be charged the subscription fee in effect at the time for that subscription term length.
Other than as described elsewhere in this section, unless you notify us that you wish to cancel your Service subscription before the end of its then-current subscription term, your Service subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal.
Changes to the Service
SPIRITS INVEST RESERVES THE RIGHT TO CHANGE THE SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PREMIUM SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY IS TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Charges and Billing Practices
Service subscription Fees on credit-card transactions are authorized immediately. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the Service during that term. You can always find the current subscription rates by reviewing the homepage of the Service.
Spirits Invest reserves the right to change the fees it charges for products, services or features (collectively, “Products”) offered in connection with the Service at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below. For absence of doubt, if Spirits Invest increases the base Service subscription fee at some point during your then-current subscription term, that increased fee will only apply to you upon the next renewal, if any, of your Service subscription.
Subscription fees and all others fees and charges associated with your Service subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the Service (“your credit card”).
While you are a Subscriber, you must promptly notify Spirits invest — if any information you provided to us related to your credit card — for instance, your billing address — changes or is no longer valid for any reason. Absent such notification, Spirits Invest will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Spirits Invest shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys’ fees) incurred by Spirits Invest in collecting any unpaid subscription fees or other charges from you. To notify Spirits Invest, please reach out to us at the contact details set forth below in Customer Service and Product Support.
Cancellation
By subscribing to the Service, you agree to immediate delivery of the Service once you have chosen and paid for your chosen subscription. As a digital online information service, the Service is assumed to be fully accessible and delivered to you once you have taken delivery immediately after paying for your chosen subscription.
If you wish to cancel your Service subscription, you may do so by navigating to your account on the homepage of the Service and select “Subscription and billing” where you will find the option to cancel your subscription.
If you cancel your Service subscription, your subscription to the Service will continue in effect until the next anniversary of the effective date of your paid subscription. (For example, if your monthly Service subscription start date is on January 1 and you cancel it on June 15, your Service subscription remains in effect until July 1, at which time it ends.) For those with yearly or multi-year subscriptions, your subscription will end at the end of the chosen period length.
Spirits Invest may at any time immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Agreement; or (ii) your use of or access to the Service violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing any portion of the Service. Upon such cancellation, you will have no further right to access or use any portion of the Service. None of the foregoing limits any other legal, equitable, or contractual rights available to Spirits Invest.
Spirits Invest may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
Ownership and Copyright
You acknowledge and agree that the Service (including, without limitation, all information contained in or associated with it) is owned by Spirits Invest and/or its third party content providers (“Content Providers”) and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Service contains certain proprietary data and information of Spirits Invest and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third-party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.
IT IS EXPLICITLY FORBIDDEN TO DOWNLOAD, STORE AND REPRODUCE BOTTLE DATA, COLLECTION DATA AND INDEX DATA INCLUDING PRICES, PERFORMANCE FIGURES AND INDEX FIGURES FROM THE SERVICE USING ANY MEANS INCLUDING AUTOMATED SCRAPING TOOLS.
Disclaimer of Warranties
THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. SPIRITS INVEST AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER SPIRITS INVEST NOR ANY OF ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. NEITHER SPIRITS INVEST NOR ANY OF ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.
No investment advice
The prices and performance figures of individual bottles, your collection, indexes or other parts of the Service do not constitute any advice to buy or sell any bottles in anyway. The Service is solely intended to provide objective information on the market of spirits investing as an aid for you to make your own informed investment decisions.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER SPIRITS INVEST NOR ANY OF ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE UNITED STATES SECURITIES ACT OF 1933. NEITHER SPIRITS INVEST NOR ANY OF ITS CONTENT PROVIDERS WARRANT THAT THE SERVICE OR ANY PORTION OF IT COMPLIES WITH THE REQUIREMENTS OF THE SECURITIES LAWS OF ANY JURISDICTION.
Limitation of Liability
NEITHER SPIRITS INVEST NOR ANY OF ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM SPIRITS INVEST MAKES THE SERVICE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY SPIRITS INVEST (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SPIRITS INVEST AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED € 1,000 (EURO).
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, NEITHER SPIRITS INVEST NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF SPIRITS INVEST OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Spirits Invest, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Service; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Service.
Third-Party Web Sites, Links, and Information
The Service may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Service. Spirits Invest does not control this information or these products, services, or Web sites. Spirits Invest does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Spirits Invest with respect to any third party, any third party’s Web site or its content, or any information, products, or services provided by a third party.
Spirits Bottle Prices
Where available within the service, average prices of spirits bottles are shown based on information from third party content providers. Spirits Invest uses a proprietary data management process before publishing the prices on the site. We believe the published prices to be correct, but Spirits Invest does not warrant or guarantee the accuracy, completeness or timeliness of any such information. Spirits Invest advises you to always confirm the price of a particular investment with a broker or other party executing its sale or purchase, as appropriate.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the Netherlands. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the courts located in The Netherlands.
Entire Agreement
This Agreement constitutes the entire agreement between you and Spirits Invest regarding the subject matter hereof and supersedes any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
This Agreement was last updated on September 2021.
Customer Service and Product Support
For customer service related to your Service membership (including information regarding registration, billing and cancellation), please email support@spiritsinvest.com