Wine Access Gift Card Terms and Conditions

These Wine Access Gift Card Terms and Conditions (“Terms and Conditions”) apply to closed loop prepaid cards (“Gift Cards”) in issued electronic form issued by Wine Access Card Fulfillment, LLC, a Nevada limited liability company (“Issuer”). These Terms and Conditions apply only to Gift Cards purchased by customers or provided in connection with a Gift Subscription, as defined below, and do not apply to any gift cards that may be provided by Issuer or any of its affiliates, including without charge or as a coupon or marketing promotion.

Purchase of Gift Cards. Gift Cards are available for purchase only from Issuer and only online at www.wineaccess.com/giftcard/ or by calling the Issuer at (866) 946-3923. Gift Cards purchased from sources other than Issuer are not valid and may have less redeemable balance or value than promised by an unauthorized seller. Neither Issuer nor Wine Access is responsible for honoring invalid gift cards or misrepresented or invalid balances or values.

Gift Card Amount Limitations. Each single Gift Card may be purchased in any denomination between $10 and $2,000. Purchasers may not acquire multiple Gift Cards from Issuer in any given day in an aggregate amount that exceeds $10,000.

Restrictions. Gift Cards cannot be used to purchase a WineAccess subscription as a gift to a third party (“Gift Subscription”) or other Gift Cards.

Not Reloadable. Gift Cards cannot be reloaded, meaning funds may not be added to Gift Cards after activation. Also, the balance or value on a Gift Card cannot be used to purchase other Gift Cards.

Delivery and Activation. Gift Cards are available for immediate delivery by email, and no shipping or processing fees apply to emailed Gift Cards. Gift Cards have no balance or value until activated at time of purchase, and Gift Cards will not be activated until payment is verified. Gift Cards will be activated when delivered to the designated recipient and will be active upon receipt by the recipient. Neither Issuer nor Wine Access is responsible for Gift Cards that are undeliverable or not received due to inaccurate delivery information, including e-mail addresses, spam filters on the recipient’s email, or otherwise.

No Implied Warranties. Gift Cards are not credit, debit or charge cards, and have no implied warranties. TO THE FULL EXTENT PERMISSIBLE BY LAW, ISSUER AND WINE ACCES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR BALANCE OR VALUE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN THE EVENT A VALID GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

Nonrefundable; not for resale. Once activated, Gift Cards may not be resold; resale or attempted resale is grounds for seizure and cancellation of the Gift Card without compensation. Gift Cards are not refundable or redeemable for cash, except where required by law.

No Expiration Date. Gift Cards and the associated balance or value do not expire.

Lost or Stolen Gift Card. The Issuer is not responsible for any lost or stolen Gift Cards or use without your permission. Maintain close control of the activation, redemption and/or access codes for your Gift Cards. Like cash, they are valuable and can be redeemed by whoever finds, accesses or obtains them. Lost, stolen or damaged Gift Cards will not be replaced.

Not for Promotional Use. Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising or other promotional activities, including without limitation via websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.

Prohibition on Use of Wine Access Brand. Use of Wine Access’s name, logo, trade dress or trademarks in connection with the purchase or use of Gift Cards is prohibited. Further, the use of Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Wine Access or any of its subsidiaries or affiliates is prohibited.

Issuer. Gift Cards are issued by Issuer. Issuer reserves the right to, and holders or purchasers of a Gift Card agree that Issuer may, at any time change these Terms and Conditions, as permitted by law. Current versions of Terms and Conditions will be maintained and accessible at www.wineaccess.com/giftcard/terms/. Issuer may refuse, cancel or hold for review Gift Cards and Gift Card redemptions or orders in cases where it suspects fraud, mistake, alteration, issuance in an incorrect denomination, or violations of law, policies or these Terms and Conditions.

Applicable Law. These Terms and Conditions and all matters arising out of or relating to the Gift Cards, except as governed by federal law, will be governed by the laws of the State of Nevada, without giving effect to any choice of law rule.

Service Fee. After three years of inactivity, Gift Cards will incur a service fee of $1 per month. These fees will be deducted from the unused balance or value of the Gift Card until the remaining balance or value is redeemed for a purchase or the balance reaches zero, at which time the Gift Card will be deactivated and of no value.

Checking the Balance. Holders or purchasers of a Gift Card may check the balance or value of the Gift Card by visiting www.wineaccess.com/accounts/credits/ or by calling (866) 946-3923. The balance or value you see when viewing Gift Card balances or values online or receive by telephone is an estimate only. In most cases, the balance or value is adjusted immediately when you make a purchase online, but there may be occasions when updated balance or value is delayed for a period of time.

Disputes; Arbitration. Any dispute or claim relating in any way to Gift Cards or your balance or value will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. Arbitration does not have a judge or jury, and courts have only limited review of an arbitration award. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and follows these Terms and Conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: WineAccess, 236 8th St suite C, San Francisco, CA 94103 . Arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. Issuer, Wine Access, and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, Issuer, Wine Access, and you waive any right to a jury trial. Notwithstanding the foregoing, Issuer, Wine Access, and you may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Agreement; Assignment. These Terms and Conditions represent the complete and exclusive statement of agreement between you and the Issuer, and supersedes and merges all prior proposals and all other agreements governing your Gift Card. The Issuer may assign all or part of this agreement without notice to you, and then the Issuer would be released from all liability. You, however, may not assign this agreement to another party without the Issuer’s prior written consent and any attempted assignment will be void.

Additional Information. You may contact Wine Access with questions or for help with their Gift Cards at help@wineaccess.com. Agents are also available by phone Monday - Friday, 8am - 12pm and 1pm-4pm PT at (866) 946-3923.