GENERAL TERMS AND CONDITIONS OF OPERATIONS


1. GENERAL

  • This General Terms and Conditions of Operations provide conditions of the accessing, purchase, and sale of Services provided by the company ELMITEL.
  • By using or accessing any part of eVineyard Site, Services or purchase you agree to be bound by these General Terms and Conditions of Operations, published on the web page of eVineyard (www.evineyard.com) and at its place of operations.
  • General data about ELMITEL:
    • Company name: ELMITEL, d.o.o.
    • Seat: Gornja Radgona
    • Address: Orehovci 1 a, 9250 Gornja Radgona
    • e-mail: info@evineyard.com
    • Web page: http://www.evineyard.com

2. DEFINITIONS

  • „User“ is every person who access eVineyard Site and uses the eVineyard Services.
  • The „Buyer“ under this General Terms and Conditions of Operations is a legal or natural person, who uses and buys the Services under the General Terms and Conditions of Operations and who concludes a sales contract with ELMITEL.
  • „Consumer“ is every natural person, so defined by the applicable law, who obtains and uses the Services for the purposes not related to his business or gainful activity.
  • „Means of distance communication“ are such means that enable the conclusion of the contract without physical presence of both contracting parties. Such means are especially: letters, orders, catalogues, telephone conversations, e-mail, internet, etc.
  • The „Services“ under this General Terms and Conditions of Operations represent the services that eVineyard provide through the Site.
  • „Site“ refers to eVineyard website: www.evineyard.com, and any of its subdomains.
  • „eVineyard“ is online (web based application) vineyard management software that helps grapegrowers to manage their grape production, organize time, and analyz data; provided by company ELMITEL.

3. ACCESSING THE SITE AND USING THE SERVICES

  • The User use the Services via web form. Before using eVineyard software, User will need to sign up for an account by providing eVineyard with their name, surname, email and phone number. eVineyard may also require additional information from the User if necessary.
  • When accessing eVineyard Site or using eVineyard Services Users are fully responsible for the use of eVineyard Site and Services and agree not to use it in ways not explicitly authorized by ELMITEL.
  • eVineyard does not own User content and is not responsible and liable in any way for the content in case of illegal, abusive, harrasing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable content in eVineyard reasonable opinion.
  • The eVineyard Site and Service may contain links to other websites (such as in advertisements), integrated third party products or allow others to send such links. A link to a third party’s website does not mean that eVineyard endorse it or affiliated with it. eVineyard do not exercise control over third-party websites. User access to such third-party websites or content shall be at own risk. ELMITEL shall not be responsible for any damages or loss related to the use of any contents, goods or services available on or through any third-party website.
  • eVineyard Site and Service may only be used by persons 18 years, and older.

4. PURCHASE OF SERVICES

  • The properties of the services are defined by the individual service or are communicated to the buyer upon the purchase of the services.
  • All prices are determined in euros and include VAT, if not expressly agreed otherwise. ELMITEL reserves the right to amend the prices.
  • The conditions and deadlines of special offers are marked along with the specific services.
  • If the Buyer unjustifiably avoids the contract, ELMITEL is entitled to claim costs incurred and damages under the applicable law. Aforesaid does not apply to the Consumers.
  • By confirming the order the Buyer agrees and confirms the General Terms and Conditions of Operations. The General Terms and Conditions of Operations exclude any other General Terms and Conditions of Operations, with the exception of a written contract, signed by the Buyer and ELMITEL.
  • The pictures of the Services are symbolic.
  • ELMITEL is liable for any defects of the Services according to the applicable law. ELMITEL grants the warranty for faultless working of the Services, if it is so noted on the warranty certificate or on the invoice.

5. PURCHASE OF THE SERVICES AT DISTANCE AND OFF-PREMISES

  • The General Terms and Conditions of Operations provide the conditions of concluding contracts at distance and off-premises.
  • The contract concluded at distance is a contract, concluded between ELMITEL and the Consumer, based on an organized sale at distance or a service system without simultaneous presence of the contracting parties, led by ELMITEL, who uses for the purposes of the conclusion of the contract the means for distance communication, until the moment of conclusion of the contract.
  • The contract, concluded off-premises is a contract between ELMITEL and the Consumer, concluded in presence of ELMITEL and the Consumer outside of the business premises of ELMITEL.
  • The Buyer and the Consumer shall be acquainted by the General Terms and Conditions of Operations prior to the conclusion of the contract and by the conclusion of the contract they confirm their consensus to the rights and liabilities, deriving from the General Terms and Conditions of Operations.
  • All rights and obligations according to the applicable consumer law on the distance trade apply and are respected by ELMITEL.

6. MEANS OF PURCHASE OF THE SERVICES AT DISTANCE OF OFF-PREMISES

Order by telephone
  • By submitting an order via telephone, the Buyer submits the order for the Services.
  • The Buyer notifies ELMITEL of all the data, required for conclusion of the contract.
  • Should the costs of the order differ from the general telecommunication fees, the Buyer will be so notified by ELMITEL.
Web sites application of eVineyard
  • The Buyer orders Services via web form. Before ordering eVineyard, Buyer will need to sign up for an account by providing eVineyard with their name, surname, email and phone number. eVineyard may also require additional information from the Buyer if necessary. The payment is proceeded via Paypal platform or upon pro forma invoice. The Buyer will receive the order confirmation to the e-mail, submitted upon the order.

7. PERSONAL DATA PRIVACY AND PROCESSING

  • By submitting the data to the web site, or by any other means, the buyer permits personal data processing. ELMITEL shall use and keep the collected personal data according to the applicable data privacy law.
  • Personal data are collected exclusively for the purposes of order processing and for internal needs of ELMITEL, for the execution of the payment, statistical purposes, sending offers, buyer segmentation, buyer behavior monitoring, promotion etc. ELMITEL will obtain Buyer‘s consent for personal data processing.
  • Buyer, Consumer and User content and data about the content may be viewed by other Buyer, Consumer and User. eVineyard can, but has no obligation, to monitor Buyer, Consumer and User content post on the Service. eVineyard can remove any information buyer post for any reason or no reason.
  • When using the Service, eVineyard may send one or more “cookies” – a small data file – to Buyer, Consumer and User computer to uniquely identify browser and let eVineyard help Buyer, Consumer and User log-in faster and enhance navigation through the site. A cookie may convey anonymous information about Service use. *Buyer, Consumer and User can reset web browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Service may not function properly if the ability to accept cookies is disabled.
  • When using the Service, eVineyard servers automatically record certain information sent by Buyer, Consumer and User web browser. These server logs may include information such as: web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and interaction with links on the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information.
  • When using the Service, eVineyard may employ clear gifs („web beacons“) to track the online usage patterns. In addition, eVineyard may also use clear gifs in HTML-based emails sent to Buyer, Consumer and User to track which emails are opened by recipients. The information is used to enable more accurate reporting and make better eVineyard user experiances.
  • When Buyer, Consumer and User use the Service by or through a mobile device, eVineyard may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of Buyer, Consumer and User mobile device. Location data may convey information about browseing the Service to eVineyard. Location data does not collect or share any personally identifiable information about Buyer, Consumer and User. Location data may be used in conjunction with personally identifiable information. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
  • When Buyer, Consumer and User access the Service by or through a mobile device, eVineyard may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with mobile device, which uniquely identify Buyer, Consumer and User mobile device and are used to enhance the Service. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by eVineyard. A device identifier may convey information about the use of the Service. A device identifier does not collect or share any personally identifiable information. A device identifier may be used in conjunction with personally identifiable information. A device identifier may remain persistently on Buyer, Consumer and User device, to help to log-in faster and enhance Buyer, Consumer and User navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers are impaired or disabled. eVineyard may access, collect and/or store device identifiers upon enabling eVineyard’s Services.
  • eVineyard uses third party analytics tools (i.e. Google Analytics,..) to help understand use of the Service. Many of these tools collect the information sent by Buyer, Consumer and User browser as part of a web page request, including cookies and IP address. These analytics tools also receive this information and their use of it is governed by their privacy policy.

8. PAYMENT METHODS

  • Upon the purchase the Buyer is able to choose among the following available payment methods: Paypal and pro forma invoice.
  • The costs related to the selected payment method are charged according to General Terms and Conditions of Operations and prices of the issuer or provider of payment services. ELMITEL will notify the Buyer, when the costs are being charged to the Buyer.
  • The web form, completed by the Buyer upon the order shall not be deemed as an invoice. Notwithstanding the Services or the payment method, ELMITEL will send the invoice upon the purchase. ELMITEL keeps an electronic copy of the invoice in its base.
  • ELMITEL undertakes the obligation to apply all reasonable safety measures in order to ensure the privacy and safety of the data, obtained upon the payment. ELMITEL, however, shall not be held liable for potential theft of the data, except in the event of the liability of ELMITEL.

9. CONTRACTING

  • The sales contract is normally concluded when ELMITEL sends the order confirmation to the Buyer, except when otherwise provided by the General Terms and Conditions of Operations.
  • In the event of the payment with the Paypal it shall be deemed that the sales contract is concluded in the moment of successfully executed transaction. In the event of a failed transaction, ELMITEL will notify the Buyer.
  • The order confirmation will be sent to the Buyer to the e-mail address, submitted upon the order according to the General Terms and Conditions of Operations.
  • The sales contract is concluded in English or Slovenian language.
  • By clicking the „start using now button“, the Buyer confirms the age of 18 years and the full capacity to contract.
  • ELMITEL reserves the right to deny the use of Services to the Buyer, if the Buyer has any previous unsettled orders towards ELMITEL and if the Buyer is in an outstanding dispute with ELMITEL.

10. LIMITATIONS OF PROVIDED SERVICE

  • Some of the features of eVineyard and most of the features of eVineyard require a working SIM card to be installed in combination with a proper configuration of the eVineyard sensor unit.
  • eVineyard or ELMITEL is not responsible for the SIM card which is installed in the eVineyard sensor unit or weather station. The SIM card is provided, and taken care of, by the Customer.
  • The SIM card of a national operator is necessary for the operation of eVineyard sensor unit or weather station product. It is responsibility of the customer to install a working SIM card in accordance with the eVineyard product configuration in the eVineyard weather station. eVineyard product configuration depends on the Mobile network operator, which is used to provide connectivity between eVineyard weather station and eVineyard Internet servers. The selected Mobile Network Service Provider must be communicated from the Cutomer to eVineyard or ELMITEL during the process of purchase of the eVineyard sensor unit or weather station.
  • eVineyard or ELMITEL is not responsible for the costs, incurred by the SIM card or Mobile network operator.
  • Since eVineyard services require internet connection and/or mobile connection for its operations, ELMITEL can not/ does not guarantee the permanent availability of services around the world. Internet and mobile connection is dependent on the local services (internet/mobile) provider.

11. INTELLECTUAL PROPERTY

  • The Buyer is granted a non-exclusive, non-transferable, revocable license to access and use the Services according to the General Terms and Conditions of Operations. The intellectual property rights are owned exclusively by ELMITEL and its suppliers.
  • All the content included as a part of eVineyard system, such as text, graphics, logos, images, as well as the compilation thereof, any software, etc., is the property of ELMITEL or its suppliers and protected by the applicable law.
  • The Buyer shall not use the Services for any unlawful purposes or for the purposes prohibited by these General Terms and Conditions of Operations, and notices. The shall not be used in any manner that could damage, disable, overburden, or impair the web sites or applications of ELMITEL and shall not interfere with any other party’s use of the websites or web based applications.
  • When using eVineyard Services the User, Buyer and Consumer are granted a license only for personal use. Selling eVineyard Services, sharing license with anyone else, reverse engineer or otherwise attempt to copy the Service, or try and make money off of it without ELMITEL express written permission it is prohibited.
  • Buyer, Consumer and User agree not to access, copy, or otherwise use eVineyard, including eVineyard intellectual property and trademarks, except as authorized by these General Terms and Conditions of Operations or as otherwise authorized in writing by eVineyard.
  • Buyers obtain no ownership rights when purchase eVineyard software, but are instead buying (or, in the case of a free use, being given) a license to use eVineyard software within the confines of this General Terms and Conditions of Operations.

12. CHOICE OF LAW AND JURISDICTION

  • The applicable law is the applicable law of the Republic of Slovenia.
  • In the event of invalidity of a certain provisions of the General Terms and Conditions of Operations according to the applicable law, the General Terms and Conditions of Operations remain valid in the rest and the invalid provision is replaced by the applicable law or the agreement between the parties.
  • The parties agree to solve the disputes amicably. If an amicable solution will not be possible, the parties agree that the competent court is the court in Murska Sobota, Slovenia.
  • The General Terms and Conditions of Operations are published in English language.

13. LIMITATIONS ON LIABILITY

  • Buyer, Consumer and User agree that ELMITEL is not responsible for anything that ELMITEL may otherwise be responsible for, if it is the result of events beyond ELMITEL control, including, but not limited to war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond ELMITEL control.
  • ELMITEL, its employees, agents, officers, directors and other staff in no event shall be liable to Buyer, Consumer and User for any direct, indirect, incidental, special, punitive or consequuential damages whatsoever resulting from:
    - errors, mistakes, or inaccuracies of content,
    - personal injury or property damage, of any nature, resulting from Buyer, Consumer and User access to and use of eVineyard,
    - any unauthorized access to or use of eVineyard secure servers and/or any and all personal information stored therein,
    - any interuption or cessation of transmition to or from eVineyard Services,
    - any bugs, viruses, trojan horses, or the like, which may be transmitted to or through eVineyard Services by any third party, and/or
    - any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Buyer, Consumer and User use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  • eVineyard shall not be liable for any business problems that arises by using eVineyard Site and Service. All content provided by the Site is informative and the decision to react based on provided information is Buyer, Consumer and User own decision and liability.
  • In the event of any problem with eVineyard Site, Service or any content, Buyer, Consumer and User agree that is sole remedy to cease using eVineyard Site, Service or any content. eVineyard is not liable to anyone for any damage, harm, injury or claim that arises from the use of Site and Service purchased from ELMITEL.
  • eVineyard take no responsibility and assume no liability for any Buyer, Consumer and User content that is posted, stored, uploaded, or transmitted to eVineyard, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity.
  • eVineyard take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of eVineyard, whether arising in tort or contract, law or equity.
  • Buyer, Consumer and User ability to use or interact with eVineyard website is a privilege, not a right, and eVineyard reserve the right to take any action that deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this General Terms and Conditions of Operations or any applicable law at eVineyard sole discretion.
  • eVineyard shall not be liable for any other reason or for damages, even if it have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by ELMITEL from Slovenia, European Union. eVineyard makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

14. FINAL PROVISIONS

  • The General Terms and Conditions of Operations shall take effect as of 22 April 2016.
  • The General Terms and Conditions of Operations may be amended at any time, thus, the Buyer is consulted to read them upon every purchase.
  • For the individual order the applicable General Terms and Conditions of Operations are the General Terms and Conditions of Operations that are published on the web site and in force in the moment of the order submission.
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