Terms of Use

These Terms govern the use of this Website and any content available through the 5forests Website. Please note that these Terms do not apply to any agreements or contracts related to the services provided by 5forests to its clients. Any services or agreements outside of the Website content are subject to separate, individualized contracts.

By using this Website and accessing the Service (as defined above), Users confirm that they meet the requirements outlined in these Terms.

By using this Website, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any of these Terms, please refrain from using the site.

The User must read this document carefully.

This Website is provided by 5forests OU. Owner contact email: [email protected].

Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  • “Terms” refers to these Terms and Conditions, which govern the use of this website and the associated content and services, and include all related legal provisions, as updated from time to time.
  • “Service” refers to the content, features, tools, resources, and functionalities provided on the 5forests website, including but not limited to blog posts, articles, downloadable materials, and any related information and resources provided by 5forests OU for informational and educational purposes. It does not include any services provided under separate agreements with clients of 5forests.
  • “User” refers to any individual or entity that accesses, views, or interacts with the 5forests website, including both business clients and general website visitors.
  • “Content” refers to all text, images, graphics, logos, videos, audio, and any other materials published, made available, or accessible through the 5forests website, including but not limited to blog posts, articles, resources, and other written or media-based information.
  • “Owner” refers to 5forests OU, the entity responsible for providing and managing the website, its content, and services, including ownership of the intellectual property therein.
  • “Website” refers to the domain and all subdomains operated by 5forests OU, including but not limited to www.5forests.com, and any associated digital presence, content, and services available through the site.
  • “Third-Party Resources” refers to any external links, websites, tools, or content provided by entities other than the Owner and made accessible via the 5forests website.
  • “Agreement” refers to the legal contract between the User and the Owner, which is established when a User agrees to these Terms and Conditions by using the 5forests website.

Information about this Website

5forests is a marketing agency specializing in the wine, beer, and spirits industries. The information and services provided on this Website are intended to be informative and useful for businesses seeking professional marketing solutions. However, all content is general in nature and not tailored to any specific individual’s circumstances. The agency provides expert guidance but does not guarantee specific business outcomes.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;

Content on this Website

Unless otherwise specified or clearly indicated, all content available on the 5forests Website is owned or provided by 5forests OU (“Owner”) or its licensors.

The Owner makes every effort to ensure that the content provided on this Website does not infringe on any applicable legal provisions or third-party rights. However, it may not always be possible to achieve this result. In such cases, without prejudice to any legal rights of Users to enforce their own rights, Users are encouraged to report any related complaints using the contact details provided in this document.

Rights Regarding Content on this Website – All Rights Reserved

The Owner retains all intellectual property rights to the content available on this Website.

Users are not permitted to use any content from the 5forests Website in ways that are not necessary or implied for proper use of the site. In particular, but not limited to, Users may not copy, download, share (beyond the limits outlined below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content available on this Website. Users are also prohibited from allowing any third party to do so, even without the User’s knowledge.

Where explicitly stated, Users may download, copy, and/or share specific content available on the 5forests Website for personal, non-commercial use only. Users must ensure that all copyright attributions and any other required attributions specified by the Owner are properly included.

Any applicable statutory limitations or exceptions to copyright shall remain unaffected.

Liability for User-Provided Content

Users are solely responsible for any content they upload, post, share, or provide through this Website. The Users may submit content (e.g., name, email address, messages) through the Website’s forms. By submitting content, Users confirm that they have the legal right to do so and that the content does not infringe on any third-party rights.

The Owner does not filter or moderate User-submitted content before it is sent. However, the Owner reserves the right to remove, block, or modify any User content at its sole discretion, without prior notice, and may deny the User access to the Website in cases where content violates these Terms or poses a risk to Users, third parties, or the Website’s operation.

The removal, deletion, or modification of content will not entitle Users to any claims for compensation, damages, or reimbursement. Users agree to indemnify and hold the Owner harmless from any claims or damages arising from content they submit through the contact form.

Access to External Resources

Through this Website, Users may have access to external resources provided by third parties. The Owner has no control over these external resources and is not responsible for their content or availability.

Accessing third-party content or resources through the 5forests Website is subject to the terms and conditions of those third parties.

Acceptable Use

The 5forests Website and the services offered through it may only be used for lawful purposes and in accordance with these Terms and applicable law.

Users are solely responsible for ensuring that their use of the Website and any associated services does not violate any applicable laws, regulations, or third-party rights.

As such, the Owner reserves the right to take any necessary action to protect its legitimate interests, including, but not limited to, denying access to the Website or services, terminating contracts, or reporting misconduct to the relevant authorities (judicial, administrative, or otherwise). This may occur whenever Users engage, or are suspected to engage, in any of the following activities:

  • Violation of laws, regulations, or these Terms;
  • Infringement of third-party rights;
  • Actions that considerably impair the Owner’s legitimate interests;
  • Offending the Owner or any third party.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

To the fullest extent permitted by applicable law, the Owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with the use or inability to use the Service or any content provided on the Website, even if the Owner has been advised of the possibility of such damages.

The Owner makes no guarantees regarding the availability, accuracy, reliability, or completeness of the content provided on this Website. Users acknowledge that they use this Website at their own risk.

This limitation of liability does not apply to:

  • Damages for personal injury, death, or damage to health caused by the Owner’s negligence or willful misconduct;
  • Damages arising from the breach of an essential contractual obligation, which is necessary for fulfilling the purpose of the contract (if applicable in any future client agreements);
  • Damages caused by gross negligence or willful misconduct.

The Owner shall not be liable for any loss or damage arising from:

  • Unauthorized access to or use of the Owner’s secure servers and/or personal data;
  • Interruptions in service or downtime caused by technical issues or force majeure events;
  • The transmission of viruses or other harmful components through the Service;
  • Errors or inaccuracies in content provided through the Service.

By using the Website, Users agree to these limitations of liability, understanding that the content is provided “as is” and without any financial exchange or contractual obligation.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs arising from or related to the use of, or reliance on, the content provided on this website. The content on this website is provided for informational purposes only, and the Owner assumes no liability for any actions taken based on such content.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes.

The Owner reserves the right to suspend or terminate this Website at any time. In the event of termination, any personal data collected by the Owner will be deleted in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). The Owner is not obligated to notify Users of such termination or data deletion.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the 5forests privacy policy.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced by a valid provision that reflects the original intent as closely as possible.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement.

Governing law

These Terms are governed by the laws of Estonia, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

US Users

In the event of any dispute arising from or relating to these Terms, both parties agree that the dispute will be resolved in a court of competent jurisdiction, and both parties waive their right to a jury trial. This does not limit the Owner’s right to take legal action or seek remedies in a court of law. The dispute will proceed individually and not as part of any class action or representative proceeding.

Surviving provisions

In the event of termination of these Terms, the following provisions will survive:

  • Content Use: The content provided on this website remains the property of the Owner, and any rights granted to Users to view or use the content terminate upon termination of these Terms.
  • Disclaimer of Warranties: The disclaimer of warranties, including any limitations on liability, shall survive indefinitely to the extent permitted by applicable law.