The following describes the terms and conditions relating to a Winedoctor subscription for access to pay-to-view content. By subscribing to Winedoctor, the user agrees to all these terms and conditions. To raise a question relating to any of the following terms and conditions, email me at email@example.com.
Description of service, payments and refunds
As author and publisher of Winedoctor Chris Kissack will publish a mix of free and pay-to-view content. In doing so Chris Kissack provides no guarantee that free content will remain so, or that pay-to-view content will remain so. Free content is added to the site on Monday, pay-to-view content is usually added each day Tuesday to Friday, for approximately 46 weeks of the year. Most weekends also see pay-to-view content added. Other free content is added sporadically. I provide no guarantee on the amount or publication frequency of content.
Access to pay-to-view content is obtained by providing accurate payment information, by credit or debit card to SagePay, or via Paypal. Chris Kissack does not store payment details, including credit or debit card information. In the event of that payment being unauthorised Chris Kissack reserves the right to suspend or terminate the subscriber's access to the pay-to-view content. This will remain the case until correct and authorised payment is made. Chris Kissack reserves the right to amend payment methods in the future, introducing new methods or amending those in existence.
Chris Kissack will try to ensure once payment information has been provided through the payment system access to the site will be granted. Chris Kissack does not guarantee immediate access will be granted. A contract between Chris Kissack and the pay-to-view subscriber will come into force once confirmation of payment has been received by the subscriber. The subscriber is entitled to cancel their subscription at any time; full refunds will be given if subscriptions are cancelled within the first 14 days and the subscriber has not accessed any content. Once the subscriber has accessed the pay-to-view content he/she is deemed to have used the services provided and the right to cancellation and refund now ends.
None of these terms and conditions affect the subscriber’s statutory rights under Scottish law.
Chris Kissack will not disclose to any party any data relating to the subscriber. Chris Kissack does not see or store payment details, including full credit or debit card information; this information is collected by a reputable online payment gateway systems, SagePay or Paypal. Subscribers must therefore comply with SagePay's or Paypal's requirements for information in order to complete the transaction process. Data may be shared with SagePay or Paypal if it is required for SagePay or Paypal to process payments.
Conditions to Accessing Pay-to-View Content
The subscriber agrees to maintain confidentiality regarding their username and password at all times, and to not divulge this information to others. Should the subscriber suspect that another individual is using their username or password to access the site they must inform Chris Kissack of this immediately. If the subscription software detects use of the username and password from multiple computers, or any other suspicions arise regarding its use, Chris Kissack reserves the right to suspend the account immediately, and to reissue new password(s) as required. Accounts may remain suspended until Chris Kissack is satisfied that the misuse has been resolved.
All content on Winedoctor, including maps, diagrams, digital images, elements of web-design and written content belongs to Chris Kissack. Subscribing and thereby accessing pay-to-view content does not give the subscriber any rights or ownership over these intellectual properties, which remain in the ownership of Chris Kissack.
Standard Winedoctor subscriptions (plans entitled 'Winedoctor', 'Winedoctor Monthly' and 'Winedoctor Convert' are for use by private individuals. A subscription to one of these plans does not include the right to use, adapt, distribute or reproduce any of Chris Kissack's intellectual property without first seeking direct and explicit permission from Chris Kissack. A professional Winedoctor subscription (the plan entitled 'Winedoctor Professional') includes the right to reproduce Chris Kissack's intellectual property without first seeking permission, within a 'fair use' limit (see below). Any business (for example, but not limited to, wine producers, marketers, négociants, distributors, importers, merchants, auction houses, score aggregators, online wine platforms, wine investment and storage services) wishing to use Chris Kissack's intellectual property must have a professional and not a private individual subscription.
Examples of fair use are as follows; the reproduction of relevant tasting notes and scores in promotional material either online or in print, such as fiches techniques, social media posts, catalogues and websites. The reproduction of small sections of text from reports and profiles in a similar array of promotional materials. The reproduction of larger sections of text or entire profiles where distribution is limited and short-term, e.g. printed material for presentation at a wine dinner, or printed material for distribution to clients during a wine tour. In all cases attribution must be given; the professional subscription does not include the right to pass off Chris Kissack's intellectual property as having been written by the subscriber. If the subscriber has doubts about whether or not their use of Chris Kissack's intellectual property meets the 'fair use' criteria, it should be discussed with Chris Kissack, using the email presented at the foot of the page. Examples of reproduction or use of Chris Kissack's intellectual property that would not be considered fair use include reproduction of entire profiles or entire pages of tasting notes on another website. Please note that no subscription, professional or private, allows the use of Winedoctor images without permission. To discuss the use of Winedoctor images contact Chris Kissack using the email at the foot of this page.
Chris Kissack stores the email addresses of subscribers in a private, password-protected database, and reserves the right to contact subscribers and ex-subscribers in order to provide information about Winedoctor. Subscribers also have the right to opt out of receiving emails at any time.
Limitation of Liability
Subscribers use Winedoctor at their own risk. Chris Kissack is not liable to any harm incurred, however indirect, by the use of this site, either free or pay-to-view content. All materials are provided without guarantee of being updated or regarding accuracy (although I do my best! - Chris). Chris Kissack is not responsible for any adverse outcomes relating to errors or omissions in the services or materials provided. Subscribers are responsible for being aware of local legal requirements regarding use of the internet and accessing sites relating to alcohol. Chris Kissack reserves the right to update and modify information on Winedoctor but provides no guarantee of doing so. Links to other sites are provided for the subscribers' interest and are not vetted or endorsed; users who click links are responsible for doing so and Chris Kissack accepts no responsibility for any adverse outcome.
The subscriber agrees to indemnify Chris Kissack against any and all claims, damages, liability, losses, costs and expenses incurred through subscription and/or use of Winedoctor.
Breach of Terms and Conditions
In the event that Chris Kissack considers a subscriber to have violated some aspect of the terms and conditions described here he reserves the right to terminate the subscriber's ability to access the pay-to-view content. Offending subscribers will be notified.
This agreement shall be governed according to the laws of Scotland, and is subject to the non-exclusive jurisdiction of the courts of Scotland.
This agreement supersedes all prior agreements.
Chris Kissack operates thewinedoctor.com as a sole trader. Any issues that arise from the workings of this business, or from the terms and conditions described, may be raised as follows: By email: firstname.lastname@example.org By telephone: +44 (0) 7712 534 286 (please leave voicemail and I will reply).
Terms and conditions updated June 4th 2023.