Terms of Use and Privacy Policy

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

The WINK COFFE Websites (collectively, the "WINK COFFEE Web Sites") operated by 2JA GROUP, LLC. or its affiliates or subsidiaries ("WINK COFFEE"), is comprised of various Web sites and Web pages. The WINK COFFEE Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WINK COFFEE Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular WINK COFFEE website included within the WINK COFFEE Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the WINK COFFEE Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular WINK COFFEE website, then these terms shall control.

Modification of the Terms of Use

WINK COFFEE reserves the right to change the terms, conditions, and notices under which the WINK COFFEE Web Sites are offered, including but not limited to the charges associated with the use of the WINK COFFEE Web Sites. You are responsible for regularly reviewing these terms and conditions.

Use of Site. Personal and Non-Commercial Use Limitation.

Unless otherwise specified, the WINK COFFEE Web Sites are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the WINK COFFEE Web Sites, unless this is done for noncommercial purposes.

Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of WINK COFFEE is strictly prohibited.

Harassment in any manner or form on any of the WINK COFFEE Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a WINK COFFEE employee, host, or representative or other members or visitors on the WINK COFFEE Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the WINK COFFEE Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Copyrights and Trademarks.

The entire content included in the WINK COFFEE Web Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of WINK COFFEE. The collective work includes works that are licensed to WINK COFFEE. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to WINK COFFEE, or other respective owners that have granted WINK COFFEE the right and license to use such Marks.

Notices and Procedures for Making Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

WINK COFFEE respects the intellectual property of others, and we ask our users and visitors to do the same. WINK COFFEE will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, WINK COFFEE will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WINK COFFEE the following information. Please be advised that to be effective, the Notification must include ALL of the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the WINK COFFEE Web Sites;
  • Your address, telephone number, and email address and all other information reasonably sufficient to permit WINK COFFEE to contact you;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By Mail:

WINK COFFEE
1902 S. Congress Ave
Austin, TX 78704

Term and Termination.

These terms and conditions are applicable to you upon your accessing the WINK COFFEE Web Sites. These terms and conditions, or any of them, may be modified or terminated by WINK COFFEE without notice at any time for any reason. WINK COFFEE may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

User Participation.

WINK COFFEE does not and cannot review all communications and materials posted to or created by users accessing the WINK COFFEE Web Sites and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the WINK COFFEE Web Sites, WINK COFFEE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the WINK COFFEE Web Sites. However, WINK COFFEE reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to WINK COFFEE at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by WINK COFFEE in accordance with WINK COFFEE’s Privacy Policy.

User Submissions.

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. WINK COFFEE will have no obligations with respect to the Communications. WINK COFFEE and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. WINK COFFEE may, but is not obligated to, monitor or review any areas on the WINK COFFEE Web Sites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. WINK COFFEE, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Wink Coffee is committed to protecting your privacy. This Policy describes the types of information we may collect from you or that you may provide when you visit our website and our practices for using, maintaining, protecting and disclosing that information.

We may from time to time update this Policy, so we invite you to review this web page periodically. In the event this Policy changes, we will inform you by posting an updated Policy on this web page. All changes will go into effect on the date noted above. The new Policy will apply to all past and current users of our website and will replace any prior Policies.

What Information We Collect and How We Use It

We do not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. Visitors to our website are not required to register or provide information to us in order to view our website.

If you choose to establish a Wink Coffee account, we collect the following information about you: name, address, phone number, email address, username and password. We use the information you supply for the purpose of providing the services you have requested, and as described in this Policy. In addition, we may from time to time contact you via email or regular mail unless you opt-out by following the instructions in the "opting out" section of this Policy.

If you shop with us, we collect the following information about you: name, addresses, phone numbers, email addresses, billing information including credit card numbers and expiration dates as well as the names, addresses and phone numbers of gift recipients (if any). We use your name, address, phone number and billing/credit card information to process your order or as otherwise described in this Policy.

The email address you provide is used for internal purposes, such as confirming and tracking your orders or as otherwise described in this Policy. We may also contact you occasionally via email or regular mail to keep you up-to-date on the latest Wink Coffee news. If you would like to opt out of receiving mailings from us, just let us know (see contact information below). Also, gift recipients may, from time to time, receive offers from us regarding new products and services that we think may be of interest to them. We allow gift recipients the option to opt out of receiving future marketing-related communications from us.

In certain instances, we may disclose your personally identifiable information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, Wink Coffee or others. We may also disclose your personally identifiable information when we believe the law requires it. In the event of a merger, consolidation or sale or transfer of all or substantially all of our company or its assets, personal information collected by our website may be transferred to the purchaser or the new company.

Use of Cookies

Our website uses "cookies." A cookie is a small file that is sent to your browser from a web server and stored on your computer's hard drive. We use cookies to help us determine whether a visitor to our website has visited our website before or if he or she is a new visitor. Cookies also allow Wink Coffee account registrants to save time during checkout on return visits. Most web browsers automatically accept cookies, but they should also allow you to instruct your browser to prevent the use of cookies. Please note that if you disable cookies, certain aspects of our website will not function properly, such as the shopping cart. Our cookies do not track any personal information about you or provide us with any way to contact you, and the cookies do not extract any information from your computer.

We may use third-party analytical tools to help us better understand how you use our website. These analytical tools will place cookies on your computer to collect information. The information collected by these analytical tools will tell us things like which search engine referred you to our website, how you navigated around our website and what you purchased. This information will help us to better serve you with more personalized information and product offerings. The third party provider of the analytical tools may only use your personal information to perform services for us and is contractually required to maintain all of the information it collects and analyzes for us securely and in confidence. This third party may not share your personal information with anyone else, or use it for any other purpose, except on an aggregate, non-identifiable basis.

Updating, Deleting, Editing Your Account Information

After setting up an account with Wink Coffee, you can access, review, correct and/or delete all of the personally identifiable information you provided to us by logging into your account. You may also ask us to assist by emailing us at support@winkcoffee.com.

Third Party Service Providers

We sometimes employ other companies and individuals to perform services for us. For example, we may hire agencies to help administer consumer promotions, to analyze data, to process and fulfill orders you place, and to provide customer service. We may share your personally identifiable information with these parties, who have agreed to hold this information in confidence, not to use it for any purpose except to carry out the requested service, and to honor Wink Coffee’s privacy and security policies in the way this information is handled.

Security

We take your privacy and security seriously. For this reason, we maintain administrative, physical and technical safeguards that are designed to protect your personal information from accidental, unlawful or unauthorized destruction, loss, access, disclosure or use.

Opting Out

If you would rather not receive marketing emails from us, please let us know by contacting us as indicated below.

Contacting Us

You may ask questions, submit comments and opt out of receiving updates and other mailings from us by contacting us via email at contact@winkcoffee.com, or regular mail at Wink Coffee, 1902 S Congress Ave., Austin, TX 78704