Please read this EULA carefully, as these provisions affect your rights and liabilities under the law and set out the terms under which Cortexica makes the Service (as defined below) available to you. In addition, when using the Service, you agree that your use of the Service is subject to any posted guidelines or rules which are hereby incorporated by reference into these terms as well as the Privacy Policy below. If you use the Cortexica website then the terms and conditions on that site will also apply to you. If you link to and use any third-party websites made known to you via the Service then the terms and conditions on those sites will also apply to you and any purchase you make using those sites.

By downloading the App (as defined below) and/or using the Service you promise that you are over 18 years of age, and you agree to be bound by this EULA. Please do not download the App or use the Service if this is not the case.

In this EULA, the following words and phrases shall, unless the context otherwise requires, have the following meanings:

• "App" means Cortexica’s proprietary "WINEfindr" software application which will be provided to you via the Apple App Store, Apple iTunes Store, or directly from Cortexica via a compressed file for loading onto your Device via the Apple iTunes software application;
• "Content" means the information, materials and other content which you send or receive using your Device, when using the Service including, but not limited to, information, data, text, software, music, sound, photographs, messages, tags, images, graphics, audio and video;
• "Cortexica" means Cortexica Vision Systems Limited (company registered number 0665760) whose registered office is at Imperial College 12th Floor EEE Building, Imperial College London England SW7 2AZ (as defined above);
• "Device" means one or more of the following: your Apple iPhone, your Apple iPad or your Apple iPod Touch;
• "EULA" means this End User License Agreement (as defined above);
• "Server" means any server owned, provided to or operated by or on behalf of Cortexica on which Content is stored;
• "Service" means the provision to you of the Cortexica WINEfindr Service to enable you to send images of wine bottle labels you have photographed and/or make text-based search requests to Cortexica via the App in order to search for and receive information, images, graphics, audio and video about a range of wines in accordance with the EULA; and
• "Term" means the time during which Cortexica provides the Service to you under this EULA unless and until terminated in accordance with this EULA.

1. Using the Service

In exchange for you complying with your obligations under this EULA, Cortexica will provide you with the Service. Prior to initial use you will need to download the App (from the Apple App Store, Apple iTunes Store or directly from Cortexica’s web site) which is made available for use only on your Device and follow the steps for installation of the App.

In order to access portions of the Service, in particular to send, receive and access Content through your Device you will need to maintain your Device’s Internet connection and be able to access to the Internet through it. Please note that Content sent or received over the Internet from your Device when using the Service is subject to standard messaging and data usage fees from your mobile telephone operator or Internet service provider and other charges may apply. Please check these charges with your mobile telephone operator or Internet service provider before you use the Service.

Cortexica’s systems will create an account with an associated user identification number for each Device serial number that uses the Service, which will enable you to access the Service automatically using your Device. Cortexica will not know and does not need details of your mobile telephone number. You do not need to provide any information which could personally identify you or log in or register to use the Service. However, you will be asked to provide information which could personally identify you where this is necessary to enable you to use certain features of the Service. If you choose not to provide such information you understand that such features will not be provided to you as part of the Service. The types of information which could personally identify you and the ways in which Cortexica will use such information are set out in the Privacy Policy.

To use the visual search functionality of the Service, please take a photograph of the wine bottle label(s) that you want to receive information about and send it to Cortexica using the App. Cortexica’s systems will search for any matching images and will return information (such as images, graphics, audio or video) to the App running on your Device about wine(s) in the Cortexica database. If no match can be made then Cortexica’s systems will send you information about the nearest match available or advise you to try again with another image.

You will be able to buy the wine(s) which you receive information about by accessing the website(s) notified to you by e-mail (if you choose to provide Cortexica with your email address without which you cannot use this functionality), which will direct you (where possible) to a website that may stock the wine(s) which you receive information about, in which case your purchases will be subject to the terms of, and you may need to register to use, such website prior to any purchase being made. You will also be able to access prior searches using the Service which were made using your Device by accessing the History function in the App (but not any purchase information which may be held (if at all) on the related website only).

Cortexica will use reasonable endeavors to provide the App and the Service to you free from errors, omissions and working as expected, but as with all software, the App and the Service may, on occasion not be fully functional, and may contain errors, design flaws or other problems. Therefore, the App and the Service are supplied to you "as is" and "as available" and without warranty and Cortexica expressly disclaims all warranties (whether express or implied by any statute or law including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement).

To remove the App from your Device, please follow the instructions for removing an App available from your Device user manual or the Apple web site. Please note that removal of the App will remove all associated data, including previous searches and Content stored on your Device and/or Cortexica’s database and systems.

2. Comparison Services

The App enables you to make comparisons of wines available in the United Kingdom at different supermarkets and wine retailers whose ranges of wines are displayed in the App from time to time. If you choose to use the App or access Cortexica’s Web site from locations outside of the United Kingdom, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws. When the App compares goods (whether looking at different supermarkets or retailers or within the same supermarket or retailer), although Cortexica will try to compare any wines (such as guide prices, wine information, etc.) honestly and fairly, Cortexica is dependent on data sourced from outside Cortexica. Some of this data might, for example, come from information on the relevant wine’s label or information obtained from the supermarket, retailer or producer themselves. Cortexica does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the App, the Cortexica Web site or otherwise communicated to you (by mobile telephone, email, by hard copy printout or otherwise). You agree that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to a supermarket, retailer, producer or information as to wines shall rest with the source of that information and that ultimately if you buy from a supermarket or retailer or decide to buy certain wines rather than others (or at all), the responsibility for doing so is yours alone.

Cortexica will use reasonable endeavours to ensure that the information relating to the wines, the price and details of such wines (including any offers on them) and the data on the Web site and/or available through the App is updated regularly and properly reflects the information Cortexica has retrieved from the source of that information. However, you acknowledge that such price and details and data is not updated on a real time basis and may change (or, in relation to any offer, may be withdrawn or altered) and that it is your responsibility to verify actual prices and other details (including wine information and delivery charges) with each supermarket or retailer. Cortexica may at any time change and/or withdraw any information (including, without limitation, any prices and/or wine information, wines or supermarket or retailer) or any link to any supermarket or retailer from the Service.

Although comparisons between supermarkets and retailers are made on the App and you may be able to use the App to include the wines you wish to purchase in your shopping basket on a supermarket’s or retailer’s website, once you decide to interact or transact with that supermarket or retailer, you will need to use that supermarket’s or retailer’s web site. You cannot make any purchases using the App or the Cortexica web site). Please note that to use services provided on the relevant supermarket’s or retailer’s web site, you may be required to register as an authorised user of that web site. You must check that you agree to (and you must then comply with) a supermarket’s or retailer’s terms and conditions before entering into any interactions or transactions with that supermarket or retailer. Please also note that the law places certain restrictions on transactions involving alcohol and, accordingly, you will only be able to complete your purchase of any wine ordered by you from a supermarket or retailer during normal licensing hours. Cortexica is not responsible to ensure that use and/or the functionality of the App complies with any supermarkets or retailer’s terms and conditions.

3. Your obligations

You are responsible for all Content which you access or distribute or which is sent to or from Cortexica using the Service or from or to your Device and for all other uses by you of the Content and the Service. You can only use or include Content in any communications whether mobile telephone, the Internet or otherwise which you own, or which you are legally entitled to use.

You agree that the Service and App are Cortexica’s property and constitute Cortexica’s confidential information and that Cortexica owns all rights, title and interest in and to them and you will not take any steps to interfere with the Service or copy, disassemble, decompile or reverse-engineer the App or the Service. Except as expressly authorized in writing in advance by Cortexica, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the App or the Service, in whole or in part.

To enable Cortexica to provide the Service, you grant Cortexica and any supplier assisting Cortexica in providing the Service, an irrevocable, unlimited and transferable license to use, reproduce, publish, create, derive works from, distribute and display your Content in any form and media, at no cost and for as long as reasonably required. You understand that any images, star rating, review, message and other text or information you send in via the Service will be retained to improve and maintain the App and/or Service whether or not you continue to use the App or Service.

You must comply with all applicable laws including, without limitation, the Data Protection Act 1998 and the Human Rights Act 1998 (insofar as they apply to your use of the Service). You will abide at all times with the fair usage provisions set out under "Limits on Your Use of the Service" below. Cortexica may change this EULA from time to time, in which case Cortexica will provide any updates on Cortexica’s App page at the Apple App Store, Apple iTunes Store and/or on the Cortexica website, and you will be required to abide with the updated EULA in force at the time.

In addition, you must not use the App or Service to:

• abuse, harass, stalk or threaten others;
• photograph, view, send or stream any Content which is obscene, offensive or indecent or invades another person’s privacy or monitors or records the actions of any person without their knowledge;
• upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the App or Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• photograph, collect, stream, distribute or access any Content that you know, or reasonably should know, cannot be legally photographed, collected, streamed, distributed or accessed or belongs to another person.

You must not use the App or Service for any commercial purposes or for any purpose which would breach this EULA or any applicable law and you are not entitled to sell, resell, provide to any third party on terms other than this EULA (other than to law enforcement agencies or as otherwise required by law) or exchange any of the Content you photograph, collect, stream, distribute or receive, which is provided to you exclusively for the purposes of receiving responses to visual and text-based searches and information about the wines in relation to which Cortexica is able to provide information on your Device(s).

You agree to hold Cortexica harmless from any losses, damages, claims (threatened or actual) or costs (including reasonable legal costs) (i) which Cortexica, its affiliates and each of Cortexica’s and such affiliates’ respective officers, agents, employees, partners, any mobile telephone operators, Internet service providers and/or licensors and/or suppliers may suffer and/or (ii) in relation to claims made by a third party in relation to any breach by you of this EULA.

You agree that Cortexica has no responsibility or liability for the deletion or failure to store any photos, queries, messages and other communications or other Content maintained or transmitted by the Service.

4. What Cortexica will do

Cortexica will make the Service available to you, send you responses on your Device about the searches you submit to Cortexica using the App and make your Content available for access using your Device(s) over the Internet.

Cortexica will process the sending of Content to the Device you use to access the Service.

Cortexica reserves the right to deliver advertising to you when you use the Service.

Cortexica will, at its own discretion, control or require Cortexica’s nominated third party supplier(s) to control the Server and other equipment on which the Service are hosted and through which Content is sent and received. However, Cortexica does not guarantee that the Service or the Content used will meet any standards of access, availability, security or resilience and Cortexica further does not guarantee uninterrupted or error-free access to the Cortexica Service and the Content. Cortexica does not guarantee the accuracy, integrity or quality of the Content.

Cortexica may (acting reasonably) monitor your use of the Service and the Content, and may pass details to third parties, such as law enforcement agencies or Cortexica’s nominated third party suppliers. Cortexica will also retain records of everything which you do using the App and Service for as long as Cortexica is legally required to do so, or for as long as Cortexica thinks it is appropriate and reasonably necessary do so (whether for this purpose or to assist Cortexica in providing or improving the Service and/or the App).

Cortexica may, but is not obliged to, screen or monitor the Content.

Cortexica does not accept any liability for loss, howsoever caused or arising, which you suffer in the event that the Service is interrupted or is not error free - please see the section below under "Cortexica’s responsibility to You" for more details.

5. Limits on Your Use of the Service

Although Cortexica wants you to make the most use of the Service, Cortexica have to set some limits on what you can do with the Service.

Apart from the promises you make about your use of the Service under "Your Obligations" above, you also promise to use the Service fairly. You understand that the Service is meant for non-commercial use only and you agree that you will not send an excessive number of requests (visual searches, text searches, image or text submissions), that may adversely affect the effectiveness of Cortexica’s systems, Servers and the App. If Cortexica think it best, Cortexica may suspend or terminate your use of the Service and/or App either with or without notice.

6. Cortexica’s rights to suspend or terminate the Service

Cortexica has the right to terminate your use of the Service and/or the App if you are in breach of this EULA, If Cortexica for whatever reason decides it is necessary or in Cortexica’s best interests to do so Cortexica will be entitled to:

• suspend or bar access to the Service until any breach is remedied, or for such period as Cortexica considers reasonable; and
• remove all or any part of your Content from the Server and/or delete all or any data, files or other information that is stored on the Server(s).

Cortexica reserves the right (in Cortexica’s sole discretion and without prior notice) to suspend use by you of any component part of the Service which may be having a detrimental effect on the Service as a whole or in part.

Cortexica also reserves the right (in Cortexica’s sole discretion and without prior notice) to change, suspend, terminate or withdraw use by any or all of users of any or all of the component parts of the Service and/or the App at any time either with or without notice and whether temporarily or permanently.

7. Effect of Termination

Upon termination of the provision to you of the Service and/or this EULA for whatever reason, Cortexica shall at its sole option and discretion retain or delete the Content submitted by you using the Service and the App from the Server without any liability whatsoever after the date of termination.

8. Cortexica’s Responsibility to you

You understand and agree that if Cortexica is in breach of this EULA or if you suffer any damage from your use of the Service, neither Cortexica nor any supplier to Cortexica will be responsible for any losses that you suffer as a result. Accordingly, all losses and liabilities which may arise from any such breach or use (including, without limitation, damage to your Device, or any applications and/or data stored on it, lost profit or revenue, lost data, any direct or indirect damages or losses, special, punitive, incidental and consequential losses of any kinds) are excluded to the fullest extent permitted by law. Neither Cortexica nor any supplier to Cortexica is responsible for any Content (or errors or omissions in such Content) (whether submitted by you or any other user or otherwise).

This paragraph 7 shall not limit or affect Cortexica’s liability if something Cortexica does negligently causes death or personal injury.

9. Customer Services

If you have any queries, please email Cortexica at:

customer.services@cortexica.com, or http://www.cortexica.com/contact.html

10. General

You may not transfer any of your rights under this EULA to any other person and can only use the Service on the Device on which you download the App. Cortexica may transfer its rights under this EULA to another business where Cortexica reasonably believes your rights will not be affected.

If you breach this EULA and Cortexica chooses to ignore this, Cortexica will still be entitled to use its rights and remedies at a later date or in any other situation where you breach this EULA.

Cortexica shall not be responsible for any breach of this EULA caused by circumstances beyond its reasonable control.

Except as expressly set out in this EULA, all use of your personal information will be made in accordance with Cortexica’s Privacy Policy.

This EULA is subject to English law and any sales made pursuant to this EULA are subject to the Licensing Act 2003 and the Licensing Act (Scotland) 1976. Cortexica will try to solve any disagreements quickly and efficiently. If you are not happy with the way Cortexica deals with any disagreement and you want to take court proceedings, you must do so in England or Wales.

The Service is operated by Cortexica Visions Systems Limited, a company registered in England whose registered office is at:

Imperial College, 12th Floor EEE Building, Imperial College, London, England SW7 2AZ. Company Registration No. 06657602

Version 1.0.2 dated 19.03.2010

Privacy Policy

Cortexica is committed to protecting your privacy.

This Privacy Policy explains Cortexica’s data processing practices and your options regarding the ways in which your personal data is used.

If you have any requests concerning your personal information or any queries with regard to Cortexica’s processing please contact Cortexica at privacy.policy@cortexica.com or visit http://www.cortexica.com/privacy.html

Cortexica will notify users about material changes to this policy by means of a notice on Cortexica’s application page at the Apple App Store, Apple iTunes Store and/or on the Cortexica web site or by other reasonable means. Please review it frequently, as Cortexica reserves the right to modify this policy at any time, whether with or without notice.

Information collected

Cortexica collects the following information provided by you on your download of the App together with information Cortexica learns about the searches you make and the transactions you undertake using the Service and the App anonymously (not correlated back to you personally except where expressly noted below) for statistical purposes, unless otherwise stated:

• the device ID of the Device that the App is running on
• the IP address associated with the Device that the App is running on
• the pages loaded/viewed within the App
• the Content returned to the App
• location (if you enable Cortexica to collect it)
• gender (if you provide it)
• age range (if you provide it)
• your Twitter Username (if you provide it) - which is used for making postings to Twitter.com
• your Twitter Password (if you provide it) - which is required to make postings to Twitter.com
• your e-mail address (if you provide it) - which is used to:
  • send you information (such as stockist details) about the wine you have searched for, and/or;
  • notify you of the status of your submission (if you made one), and/or;
  • notify you of a change in the App and/or Service

Cortexica may also collect additional information in connection with your participation in any promotions or competitions offered by Cortexica and information you provide when giving Cortexica feedback or completing profile forms. Cortexica also monitors user traffic patterns and Server and App use which enables Cortexica to improve the service Cortexica provides.

Use of your information and your preferences

Cortexica will use your information to provide and personalise Cortexica’s service(s)

Cortexica will also use your contact details (where provided) to communicate with you and will also provide you with email communications (as set out above) where you provide Cortexica with your email address.

If you wish to have your e-mail address and/or other details we may retain about you, please send an e-mail to privacy.policy@cortexica.com stating "REMOVE" in the subject line of the e-mail.

If you do not request us to remove your e-mail address and/or other details and 6 months has elapsed since you used the App and/or used your e-mail address, Cortexica will automatically delete your e-mail address.

Please note that there may be instances where it may be necessary for Cortexica to communicate with you, in any event, for administrative or operational reasons relating to Cortexica’s service.

Disclosures of your information

Your information may be passed to and used by all Cortexica companies. Cortexica will never pass your personal information to anyone else, except where Cortexica are required or permitted to do so by law, for any successors in title to Cortexica’s business and suppliers that process information on Cortexica’s behalf both in the UK and abroad. Cortexica may also use and disclose information in aggregate (so that no individual users are identified) for marketing, statistical and strategic development purposes.

Other web sites

The Service provided to you may contain links to other web sites, for example, to direct you to those websites which can sell you wine(s) in relation to which you receive information from time to time, which are outside Cortexica’s control and are not covered by this Privacy Policy. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours.

Cookies

"Cookies" are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. You can find out more about the way cookies work on: http://www.cookiecentral.com

Cortexica may use cookies, and/or web beacons, for a number of purposes, for instance to enable Cortexica to simplify the logging on process for users of the App, the Service and/or the Cortexica web site, to help ensure the security, and authenticity of users, to provide the mechanisms for visual and text-based searches and responses to be made and to enable traffic monitoring.

Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser. As described above this will restrict the online Cortexica services you can use.

Access rights

To obtain a copy of the personal information Cortexica holds about you, please write with full details to Cortexica at:

Cortexica Vision Systems Limited, Imperial College, 12th Floor EEE Building, Imperial College, London, England SW7 2AZ enclosing your cheque or postal order for £10 payable to Cortexica Vision Systems Limited.