Winetopia App Terms & Conditions and End-User License Agreement
Please read these terms carefully. These terms and conditions apply to your use of the Lemongrass Productions Limited (“Lemongrass Productions”) app for navigating the Winetopia event, making payments for wine samples, and keeping a record of the wines you have tried. Please take the time to read and understand these terms and conditions. By installing and using this mobile app and any of the services it provides (“Winetopia App”), you agree to these terms and conditions.
Availability
While we have been careful to ensure that the content of the Winetopia App is accurate, Lemongrass Productions gives no warranty (express or implied) as to the accuracy, completeness or noninfringement of that content. The Winetopia App may not be continuously available or error free.
From time-to-time, Lemongrass Productions may upgrade the Winetopia App. If you do not install the upgrade, some or all of the Winetopia App’s functionality may not be available to you, and the security of your information may be compromised.
You must be 18 or over to accept these terms and use the Winetopia App. The Winetopia App is not intended for persons under the age of 18. Persons under the age of 18 may not use the Winetopia App.
Limitation of liability
The physical security of your device is your responsibility.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation.
To the extent permissible by law, Lemongrass Productions excludes any and all liability for any loss or damage, direct or indirect, to you or your device including but not limited to a handheld or mobile device which arises out of the installation and/or use of the Winetopia App by you or anyone else where that loss is not attributable to Lemongrass Productions’ negligence, or a breach of these terms and conditions by Lemongrass Productions. In the event that you suffer loss as a result of Lemongrass Productions’ negligence, or a breach of these terms and conditions by Lemongrass Productions, the maximum amount Lemongrass Productions will be liable for is the value of the purchase you have made with us. In no circumstances will Lemongrass Productions be liable to you for any consequential or indirect loss or damage.
Lemongrass Productions will not be liable to you in the event that any loss or damage you suffer could have been avoided by you installing the most up to date version of the Winetopia App.
Lemongrass Productions will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity incurred directly or indirectly by the installation or usage of the Winetopia App.
The Winetopia App are provided for event purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of information obtained from the Winetopia App. Although we make reasonable efforts to update the information provided by the Winetopia App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Lemongrass Productions are not responsible for events outside our control. If our provision of the services provided by the Winetopia App or support for the Winetopia App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.
Internet and mobile provider terms and charges
Lemongrass Productions won’t charge you for downloading the Winetopia App, but your internet provider or mobile network provider may charge you for connection services when you download and/or use it. You agree that Lemongrass Productions is not responsible for any of those charges. You must comply with any applicable third party service providers’ terms of use (for example, software providers and network service providers) when using the Winetopia App.
Privacy
This section only applies if you are using the Winetopia App as an individual, and not if you are using it on behalf of a company.
We understand that your privacy is important to you. You will need to confirm some personal information so that we can verify your identity. It is important that this personal information and any other information you give us is correct and that you tell us if there is any change to it. If you don't supply us with this information, you may not be able to use this app.
By installing the Winetopia App, you confirm that you are the account holder or are authorised by the account holder to access the account details.
We will keep your personal information secure and it will be held by us in our database in accordance with the Privacy Act 1993 and as set out in our Privacy Policy. We may use your personal information for the purposes outlined in those terms and conditions.
If you want to know what information is held about you, contact us. It is freely available to you. You are also entitled to ask for any personal information we hold about you to be corrected.
Governing Law
The laws of New Zealand govern the Winetopia App and your use of it. Any rights you may have under the Consumer Guarantees Act 1993 are not affected by these terms and conditions. You can bring legal proceedings in respect of the Winetopia App in the New Zealand courts.
Copyright and Trademarks
The content of the Winetopia App is the copyright of Lemongrass Productions, and Lemongrass Productions retains all intellectual property rights in it. The names and logos appearing on the Winetopia App are the trademarks of Lemongrass Productions, Winetopia exhibitors and sponsors. You must not use, copy, monitor, modify, transmit, store, extract, publish or distribute any material on or accessed via this app without the prior written consent of Lemongrass Productions.
Lemongrass Productions may restrict or block your access to and use of the Winetopia App at any time if we reasonably believe that you may have breached any provision in these terms and conditions.
You may use the material on the Winetopia App for the purposes of monitoring and updating of your Lemongrass Productions account only.
Security
When you make changes to your account, or update your details, Lemongrass Productions requires you to provide your ticket purchase details, name, and other information to verify your identity.
When you submit information to Lemongrass Productions through the Winetopia App, this information is sent to Lemongrass Productions’s secure servers for processing.
Security technology changes very quickly so we evaluate our security systems and processes regularly to make sure that the information you send us via the Winetopia App is afforded the highest sufficient level of protection.
Payments & Fees
Credit card, processing and transaction fees are included in prices displayed in the app unless otherwise indicated.
Refunds
Refunds are subject to a refund processing fee which is advised in advance of the event.
Food vouchers, free credit, coin credit or other items included as part of your ticket bundle cannot be claimed as refunds before, during or after the event.
Refunds must be applied for through the Winetopia App. Refunds are processed after the event and may be applied for up to 10 days following the event.
A refund application must be completed within 10 working days of the event’s conclusion.
You are liable for any mistakes that you make in your refund application which may result in processing delays or if you enter an incorrect bank account number, no refund payment may be made.
We recommend that you apply for a refund as soon as the event finishes. After the refund period is finished, refunds will no longer be accepted.
Refund payments are processed weekly after the conclusion of the event.
Refunds can take up to a week to process. If you have been waiting for your refund for more than 10 working days since your refund application, please contact us at tech@lemongrassproductions.co.nz with your full name and the email address you have used to buy tickets and register the Winetopia App.
System Requirements
The Winetopia App requires an Android or iPhone device with QR code scanning capability, which must be enabled for the Winetopia App to function.
Support
If you want to learn more about the Winetopia App or have any problems using it, if you think the Winetopia App is faulty or misdescribed or wish to contact us for any other reason, please email our customer support team at tech@lemongrassproductions.co.nz.
Licensing
If you want to license the Winetopia App technology please enquire at tech@lemongrassproductions.co.nz.
How we will communicate with you
If we have to contact you we will do so by email or SMS using the contact details you have provided to us.
How you may use the Winetopia App
In return for your agreeing to comply with these terms you may, when accessing the Winetopia App through an app on your chosen device:
Download a copy of the Winetopia App (we may from time to time limit the number of devices you may use for this purpose) and view, use and display the Winetopia App on such devices for your personal purposes only; and
Receive and use any free supplementary software code or update of the Winetopia App incorporating “patches” and corrections of errors as we may provide to you.
We encourage the safe and responsible use of alcohol and promote moderation, both in general and where it pertains directly to the use of the Winetopia App.
You may not transfer the Winetopia app to someone else
We are giving you personally the right to use the Winetopia App as set out above. You may not otherwise transfer the Winetopia App to someone else, whether for money, for anything else or for free. If you sell any device on which the Winetopia App is installed, you must remove the Winetopia App from it.
Updates to the Winetopia App
From time to time we may automatically update the Winetopia App to alter the service it provides, improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, where applicable, we may ask you to update the Winetopia App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Winetopia App.
The Winetopia App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.
If someone else owns the phone or device you are using
If you download the Winetopia App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
Account or log-in details
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
We are not responsible for other websites you link to
The Winetopia App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
Other Terms May Apply
The ways in which you can use the Winetopia App may also be controlled by the rules and policies of the app store from which you download the Winetopia App, such as Apple and Google Play. Their rules and policies will apply instead of these terms where there are differences between the two.
Data usage and collection
We may collect data for marketing, research, and product improvement purposes relating to the Winetopia App. By using the Winetopia App you agree to us collecting and using this data.
We may collect technical data about your device
By using the Winetopia App, you agree to us collecting and using technical information about the devices you use the Winetopia App on, and related software, hardware and peripherals, to improve our products and the Winetopia App.
We may collect location data (but you can turn location services off)
Certain Services within the Winetopia App may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Winetopia App on the device settings. If you use these Services, you acknowledge our, and our affiliates’ and licensees’, transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings for the Winetopia App on your device. If you do so, this might preclude your use of some functionality. For further information please refer to the Privacy Policy.
Third-Party Service Providers
The Winetopia App uses Stripe, Inc. and its affiliates as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) ("Third-Party Service Provider"). By paying for any portion of the Services, you shall provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider. You agree to be bound by Stripe's Privacy Policy (currently accessible at www.stripe.com/nz/privacy ) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize Lemongrass Productions and Stripe to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
Changes to these terms and conditions
By installing the Winetopia App you agree that Lemongrass Productions can change the terms and conditions that apply to it at any time by issuing a mobile app update. If you do not wish to accept those changes, you can uninstall the app before the changes take effect.
Restrictions
Licence Restrictions
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available the Winetopia App in any form, in whole or in part to any person without prior written consent from us;
not copy the Winetopia App, except as part of normal use of the Winetopia App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify the whole or any part of the Winetopia App, nor permit the Winetopia App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Winetopia App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Winetopia App nor attempt to do any such things, comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Winetopia App.
Acceptable use restrictions
General Acceptable Use Restrictions
You must:
not use the Winetopia App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses or harmful data, into the Winetopia App or any operating system;
not use the Winetopia App to bully, insult, intimidate or humiliate any person;
not use the Winetopia App to transmit or publish any unsolicited or unauthorised advertising or promotional material;
not infringe our intellectual property rights or those of any third party in relation to your use of the Winetopia App, including by the submission of any content or material (to the extent that such use is not licensed by these terms);
not transmit or submit to the Winetopia App any content or material that is defamatory, offensive or otherwise objectionable in relation to your use of the Winetopia App, or which does not comply with our content standards;
not use the Winetopia App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from the Winetopia App or our systems or attempt to decipher any transmissions to or from the servers running any service provided by the Winetopia App.
Ending your rights to the Winetopia App
If we end your rights to use the Winetopia App:
you must stop all activities authorised by these terms, including your use of the Winetopia App;
you must delete or remove the Winetopia App from all devices in your possession and immediately destroy all copies of the Winetopia App which you have and confirm to us that you have done this; and
we may remotely access your devices and remove the Winetopia App from them and cease providing you with access to any services provided by the Winetopia App.
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
of the Winetopia App in the New Zealand courts.