Terms and Conditions
The following Terms and Conditions govern the use of the website called www.trapiche.com.ar (hereinafter the “Website”), where GRUPO PEÑAFLOR provides general information about who we are, our Wineries, our vineyards, the Group in the world, our figures, evolution, press and wine information around the world.
Please, read these Terms and Conditions carefully because the use of the Website by You (hereinafter, the “User”) implies the complete acceptance of each and every one of its terms and conditions. Therefore, the User agrees to comply with all the provisions in these General Conditions, under applicable laws, bylaws, rules and regulations related to the use of the Website. The owner of the Website reserves the right to revise these General Conditions at any time, by updating or changing this page. If the User does not agree with these Terms and Conditions, they should refrain from entering or using this Website.
In certain countries, users are not allowed to visit a Website like ours due to the existence of local laws restricting the promotion and/or sale of alcoholic beverages. If you are visiting us from a country with such restrictions, please leave the Website immediately. If you are not sure about the applicable legislation in force in the country from which you are accessing our website, we recommend that you leave it now and get informed about your legal situation before you continue.
USE OF THIS WEBSITE IS PROHIBITED TO PEOPLE UNDER 18.
In order to access GRUPO PEÑAFLOR’s website, you must have reached the legal age for alcohol consumption in the country from which you are accessing our website. If that is not your case, please leave this website immediately.
Pursuant to Section 6, Subsection A of Act No. 24788 (National Act Against Alcoholism), access to the Website by people under 18 is expressly forbidden. Parents or legal representatives of minor children are advised to control and monitor the minors’ access to websites in order to prevent their accessing content or information which could be detrimental to their proper development.
In order to access the Website of GRUPO PEÑAFLOR, the user is required to declare – in an affidavit – if they are over 18 years of age or over the legal age for alcohol consumption in the country from which they are accessing the Website.
Upon the actual technological impossibility to control the age of users who access TRAPICHE’s website, any breach or falseness of the information entered by a person under 18 years of age or under the legal drinking age in their country, will be the sole responsibility of the User and/or their parents and/or their legal representatives, curators or guardians.
1. ACCESS TO THE WEBSITE. USE OF THE MATERIAL.
1.1. Access to and Use of the Website.
The User’s prior subscription or registration is not required in order to access and use the Website. Without detriment to this, in case the use of certain services offered on the Website requires the User’s subscription or registration, the User will be duly warned, and continuance with the service offered by the Website will be under the User’s own responsibility.
1.2. Use of the Website
User undertakes to use the Website in accordance with the law, these General Conditions, the Special Conditions, if there were any, as well as with morals, good habits and public order.
Any kind of reproduction, distribution, exhibition, transmission, broadcasting, storage, digitalization, making available to third parties, translation, adjustment, or any other action through which the User may use any of the Website’s contents, either directly or indirectly, totally or partially, is forbidden.
The User undertakes to refrain from using the Website for purposes which are unlawful, contrary to the provisions of the General Conditions, detrimental to the rights and interests of third parties, or which may in any way damage, disable, overload or deteriorate the Website or prevent its normal operation by the Users.
The User will be liable for any kind of damage that TRAPICHE may suffer, either directly or indirectly, as a consequence of the breach of any obligations derived from these Terms and Conditions, the terms and conditions of any specific service included in the Website, or of the applicable legislation concerning the use of the Website.
1.3. Use of the Website’s Content
TRAPICHE authorizes the viewing of and the interact with the content of the Website, solely for personal, non-commercial use. The contents of this Website, such as text, graphics, images, logotypes, button icons, software, patents, music, databases and any other material, hereinafter “The Contents,” are protected by industrial and intellectual property legislation (copyright and/or registered trademarks). All Content is the exclusive property of TRAPICHE or of third parties whose rights have been licensed or assigned to TRAPICHE, and/or of any of their affiliates, their content suppliers or their clients.
The User may not sell or modify the Content nor reproduce it, display it, represent it in public, distribute it, or use it for commercial or broadcasting purposes. The use of the Content in any other website is prohibited.
The photographs and images of the products shown on our Website are only illustrative and are not necessarily the exact representation of the product.
1.4. Website’s Security Rules
Users are prohibited from violating or attempting to violate the security of the Website, including but not limited to: a) accessing information which is not addressed to such User, or entering a server or account the User has unauthorized access to, b) evaluating or testing the vulnerability of a system or network, or violating the security or identification measures, without proper authorization, c) attempting to hamper the service to any User, host or network, including but not limited to (by sending viruses to the Website or by saturation) mass mailings (spamming), mail bombing or system crashing. d) sending unsolicited e-mail, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal prosecution. TRAPICHE will investigate cases in which such violations may have occurred and may address to and cooperate with the competent authority to pursue users involved in such violations.
1.5. Prohibited Uses
TRAPICHE specifically prohibits any use of the Website, and all Users agree not to use the Website, for the following:
*Using any mechanism, software or routine to hamper or attempt to hamper the proper operation of the Website, or any activity being carried out in the Website.
*Performing any action that imposes an unreasonable load on the infrastructure of this Website
*If the user has a password which enables them to access a nonpublic area of this Website, revealing or sharing such password with third parties or using the password for any unauthorized purpose.
*Unless otherwise specified in these General Conditions, using, or attempting to use any machine, software, tool, agent or any other mechanism or ruse to browse or search in this Website which is different from the machines or browsing search agents made available by TRAPICHE in this Website and different from web explorers generally available.
*Attempting to decode, decompile or obtain the source code of any software program comprising or constituting a part of this Website.
TRAPICHE reserves the right to unsubscribe any registered User who does not comply with the standards defined by these General Conditions or by the policies in force at TRAPICHE, which will not imply a right to any compensation.
Likewise, TRAPICHE reserves the right to suspend or unsubscribe from TRAPICHE’s system any User who fails to comply with these General Conditions or incurs, at the discretion of TRAPICHE, in malicious or fraudulent actions when using the Website or the Services offered by TRAPICHE.
The User agrees that TRAPICHE may suspend and/or permanently cancel the User’s access to the Website at any time without previous notice, and this will not imply any liability on the part of GRUPO PEÑAFLOR.
Grounds for suspension/exclusion include, but are not limited to, the following:
1) User’s breach or violation of the terms and conditions of use of the Website
2) requirements by legal or governmental authorities
3) User’s request for termination of account
4) Technical issues or IT security issues
5) Extended periods of inactivity
6) User causing a technical outage of the Website
The User agrees to all the grounds for termination set forth above and/or to any other that GRUPO PEÑAFLOR may invoke hereafter to its sole discretion.
TRAPICHE will neither guarantee nor assume liability for damages resulting from access to the Website by third parties through connections, links, hyperlinks or similar links, either from this Website or from any of the Internet sites which are the property of Grupo Peñaflor S.A. and/or linked sites; or for links to other sites that the User may establish from the Website.
Neither will TRAPICHE be liable for damages resulting from the presence of viruses or other harmful elements in the contents of the Website which could cause alterations in computer systems, or in the documents or systems stored therein.
The User voluntarily accepts that the use of the Website, its services and Contents, takes place under the User’s exclusive responsibility.
2. USER’S PERSONAL INFORMATION. REGISTRATION TO THE WEBSITE.
TRAPICHE will not reveal the User’s name, e-mail addresses or telephone number to third parties without the User’s previous consent, except to the extent it is necessary for the compliance with legislation or legal procedures in force where such information is relevant.
3. LINKS TO OTHER SITES
The Website contains links to websites (Facebook, Twitter, YouTube) the information, photographs and/or videos of which are provided by TRAPICHE. The links supplied by TRAPICHE are only for the sake of the User’s convenience. TRAPICHE is only liable for the images, texts and/or photographs uploaded on its official and related websites, but it is not liable for the rest of the material and/or content of websites owned by third parties which could be linked to TRAPICHE’s website. If the User wishes to access a website, they do so at their own risk and under their own responsibility.
TRAPICHE will adopt appropriate, timely measures or procedures to remove or disable any links about which TRAPICHE effectively knows the following: the activity or information which they recommend or lead to is unlawful or harms the rights or property of third parties entitled to compensation.
The User agrees to defend, compensate and hold TRAPICHE, its affiliates, directors, employees and representatives, harmless from and against any charges, actions or claims, including, but not limited to, reasonable legal fees resulting from the User’s use of the Website, its Content and Services, or of the User’s breach of these General Conditions or the Special Conditions, in case there were any.
TRAPICHE will immediately notify the User about any claim, legal action or proceedings, and will assist them, at the User’s expense, in their defense against any claim, legal action or proceedings of this kind.
5. GENERAL GUIDELINES
5.1. The Terms and Conditions of the Website will be governed by and construed according to the laws of the Argentine Republic. The User and TRAPICHE agree to submit to the jurisdiction of the ordinary courts of the City of Buenos Aires, excluding any other venue or jurisdiction they may be entitled to, in case of any disputes arising from the use of the Website
5.2. The Website service has, in principle, an indefinite duration. However, TRAPICHE is authorized to terminate or suspend provision of the Website service and/or of any Content or Service at any time, without prejudice to any provisions in this respect in the Special Conditions, if any. When reasonably possible, TRAPICHE will previously notify the termination or suspension of the Website service and of other services, if any.
5.3. The User knows that the use of the Website and its services or contents is forbidden in all those jurisdictions that do not recognize the effectiveness of these Terms and Conditions.
5.4. The copying, pasting and/or modification of these Terms and Conditions and/or the information, images and/or contents of this Website is absolutely forbidden.
Grupo Peñaflor S.A., located at Arenales 460, Vicente López, Provincia de Buenos Aires, Argentina, is responsible for this Website. The opinions and/or the content appearing in the Website expressed or generated by third parties are the exclusive responsibility of their authors and are not necessarily endorsed by GRUPO PEÑAFLOR.
Drink responsibly. Sale prohibited to people under 18.