1. In General
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
2. Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Vinqui Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Vinqui Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Vinqui Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Vinqui Ltd or its licensors.
5. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Vinqui Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Vinqui Ltd retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
- Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
- Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
All prices are inclusive of Worldwide Standard Delivery.
VAT or Sales Tax is not included in our prices. You are responsible for Import Duty/Tax in your respective country. For more details on this please contact your local customs authority.
- Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
6. Affiliate Network
By filling out the signup form you acknowledge that you have read the terms and conditions below for the Vinqui Affiliate Program, understand, and agree with them.
- Joining the Affiliate Program
By submitting a completed signup form you will automatically become an Affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals.
- Duration of Affiliation
Your affiliation duration begins once you have submitted the signup form. The duration of your affiliation will continue until either party has ended it. Commission fees are applicable during this period only. We reserve the right to remove the Affiliate and withhold commission fees of the Affiliate if any Affiliate is found to be in violation of this Agreement.
- Orders
If at any point an order has been found to be fraudulent, or if an order has been refunded, cancelled or otherwise reversed, we reserve the right to withhold any commission fees that are due from the referred client. Commission fees will not be paid on orders made by Vinqui Resellers or Salespeople.
- Commission & Payments
All Affiliate monies due will be paid on a monthly basis. Payments will be calculated (based on order totals in USD excluding shipping) and paid directly in to the Affiliate PayPal account. Payment to the Affiliate will not be rendered for amounts less than $25.00 USD. When an Affiliate balance is less than $25.00 USD, the balance will be carried over into the next month. When the Affiliate account balance reaches $25.00 USD or more, payment will be made to the Affiliate Paypal account. We reserve the right to disqualify an Affiliate from the program and to withhold any commissions due to the Affiliate at our own discretion.
Commission Rates
- Pieces 1 to 9: 10% commission
- Pieces 10 to 19: 15% commission
- Pieces 20+: 20% commission
- Affiliate Tracking
When a visitor clicks on an Affiliate banner or text link, a cookie is set in their browser, which contains the Affiliate id. When the visitor decides to buy a product, the script will look for this cookie to identify the Affiliate to be awarded the commission. Visitors sent through an Affiliate link may make a purchase later in time. In this case, the commission will still be awarded if the cookie is present and the visitor last clicked on the Affiliate banner or text link within the last 30 days.
- Relationship of Parties
Nothing in this Affiliate Agreement will create any partnership, joint venture, franchise or employment relationship of any kind between the parties. You will have no authority to make or accept offers or representations on our behalf. As an Affiliate, you will not make any statements that violate this section of the Agreement, whether in print, spoken word or on your website.
- Disallowed Content
We will not allow or tolerate an Affiliate that uses disallowed content on their website. Disallowed content includes; sexually explicit material, violence, illegal activity, discrimination and violation of copyright. We expressly do not allow any Affiliate that uses SPAM emails, SPYWARE, ADWARE or similar techniques to gain Internet traffic. We reserve the right to monitor our affiliates from time to time so that we can ensure the terms of this Agreement are kept.
- Username & Password
As an Affiliate, you are responsible for maintaining the confidentiality of your login username and password. You are also responsible for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for any actions that occur under your account or password. You should inform us immediately if you suspect that your password is, or is likely to be used in an unauthorised manner.
- Linking to Vinqui.com
You may link to the vinqui.com website using the ‘Banners’ accessible from your Affiliate account or by generating your own text links. In the case of ‘Banners’, the Vinqui Affiliate Program will generate the HTML for you to use on your website. You will not modify the link or any graphic that you obtain from our website. You may save a graphic that we supply you for linking purposes, but on doing so you agree that you shall not modify the graphic and you will only use it with the hyperlink generated by the Vinqui Affiliate Program. You agree not to link to our website or any portion of it in a frame or by using framed techniques without express written consent. You may access the website on the condition that you will NOT download, copy or modify any portion of it.
7. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Vinqui Ltd and content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Vinqui Ltd’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
8. Linking to this Website
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
9. Indemnity
You agree to indemnify, defend and hold harmless Vinqui Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
10. Variation
Vinqui Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
11. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
12. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
13. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Hong Kong and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Hong Kong courts.
15. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Vinqui Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Vinqui Ltd.