RGA Intl, Inc (RGA) is the owner of Wine Club Card (“WCC”). Wine Club Card is a wine club that offers benefits to its members ("Member") who pay an annual membership fee ("Fee").


TERMS AND CONDITIONS


1. MODIFICATIONS. WCC reserves the right, at its sole discretion, to revise, change, modify or replace (the “Changes”), any of these Terms and Conditions by updating them on this website and/or its App at any time, and from time to time, without notice. The Member agrees to review these Terms and Conditions on the website and/or the App on a regular basis to assure that the Member is kept current. By continuing use of the Wine Club Card Membership benefits after Changes are posted, the Member will be deemed to have accepted the Changes.

2. PAYMENT OF ANNUAL FEES. Payment of the Fee is for a one-year term commencing on the payment date. The Fee must be paid by credit card, debit card, or any other approved method that will provide immediate payment to RGA. Your Credit Card or other form of payment statement will read “Wine Club Card” as the payee. In order to ensure uninterrupted service, Member agrees that renewals for WCC Membership shall be automatically charged to the same credit card or other approved method that was used to pay for the immediately preceding term. Should Member payment method not be approved by payment company for any reason Member will lose all WCC benefits until Member makes a valid payment. In addition, Members Digital Membership Card will show EXPIRED in RED, and will no longer be accepted at any participating restaurant or wine merchant.

3. MEMBERSHIP. By joining Wine Club Card, you are permitted to download the Wine Club Card App onto your Android or IOS phone. Wine Club Card utilizes the Cardskipper App to facilitate Wine Club Card’s Digital Membership Card. You can find the Cardskipper App in your phones App Store by searching “Cardskipper” the digital membership card. Once the App is downloaded, it will serve as your Digital Membership Card which you can use in any Restaurant listed on our Website or App that participates in the Wine Club Card program. Member acknowledges that restaurants can be added or deleted at any time. The Wine Club Card program permits you to show your digital membership card to the restaurant server and receive a “No Charge for the customary Corkage Fee” on one bottle of wine "750 ml", per member, per visit. As a Member you agree to receive Push Notifications from WCC participating restaurants unless you opt out of receiving these messages. You can opt out in the settings section of your smart phone, by turning off Wine Club Card notifications.

4. TERMINATION OR TRANSFER. Membership in WCC is NOT transferable. Should a Member decide to terminate its membership for any reason they are NOT entitled to a REFUND for the unused portion of that membership. When the members anniversary date comes due, their digital membership card will be terminated and read EXPIRED.

5. LIABILITY AND DISCLAIMER. Member agrees that use of the Wine Club Card Digital Membership is at Member’s sole risk. RGA, nor WCC, nor any of its officers, members, or employees or agents, warrant that WCC membership benefits will be uninterrupted. In the event you encounter a problem using your WCC digital membership card please e-mail us at sales@wineclubcard.com.

To the fullest extent permissible by applicable law, RGA and WCC disclaims all implied warranties, including, but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-fringement of proprietary rights.

RGA and/or WCC make no representations of warranties of any kind, express or implied, as to the guarantee that any restaurant or wine merchant will adhere to the club’s benefits.

No advice or information, whether oral or written, obtained by a member from WCC shall create any warranty not expressly stated herein.

Member expressly understands and agrees that WCC will not be liable for any damages of any kind arising from the use of or inability to use WCC benefits, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise.

The limitations of this section shall apply notwithstanding any reliance on any information obtained from WCC or that result from mistakes, omissions, interruptions, deletion of files or e-mails, errors, or any failure of performance, by any participating restaurant whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Member records, programs, or services, and whether or not WCC has been advised of the possibility of such damages. Member hereby acknowledges that this paragraph shall apply to all content and benefits available through WCC. Such limitation of liability shall apply whether the damages arise from use or misuse of, and reliance on, WCC member benefits.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to some members.

6. INDEMNIFICATION. Member agrees to defend, indemnify, and hold harmless RGA and WCC and its officers, members and employees (the “WCC Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorney fees) that WCC Parties may incur arising out of, or resulting from, the use of WCC’ Digital Membership Card and/or Member Benefits, or any other activities related to WCC’ Digital Membership Card and/or Member Benefits.

7. PRIVACY. WCC understands that it is important to protect the privacy of its Members, therefore WCC is committed to ensure Member’s privacy. No information related to Member shall be divulged to any third party without the Member’s prior consent unless required to do so by a court of competent jurisdiction. A Member’s information will be disclosed when required to comply with local, state or federal laws and regulations.

8. GOVERNING LAW. These Terms and Conditions will be governed by, and construed in accordance with, the laws of the state of Florida without regard to conflict of law’s provisions. THE FLORIDA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN THE STATE OF FLORIDA, COUNTY OF COLLIER AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs. In the event of any controversy or dispute between WCC and Member arising out of, or in connection with, Member’s use of WCC Member Benefits, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

9. OTHER. Except for any additional written agreement(s) between Member and WCC, these Terms and Conditions constitute the entire agreement between Member and WCC regarding the use of WCC Member Benefits. The failure of WCC to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. RGA and/or WCC may transfer, assign or delegate these Terms and Conditions and its rights and obligations without consent of Member. The section titles in these Conditions of Participation are for convenience only and have no legal or contractual effect.

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