By purchasing or using a VIVANT Inc. Membership, you agree to the following terms and conditions, which supplement and form a part of the VIVANT <Terms of Sale>. In these Membership terms Capitalized terms not defined here have the meaning given to them in the VIVANT Terms of Sale. These Membership Terms apply, without restriction or reservation to any Customer that has purchased and pays the annual subscription fees (“Membership”) for our Service(s) (“Members”). The Sellers reserve the right to adapt or amend these Terms at any time. In the event of amendment, only the Agreement in force on the day of the order will be applied.

1. MEMBERSHIP

Members must be 18 years of age or older depending on the country of residence.

A Membership is considered active when the full payment for the Membership is received. Membership confirmations are sent via email to the member address on file. It is the Member’s responsibility to provide a valid email address for Membership confirmation. Confirmation of a Membership implies full and unreserved acceptance of these Membership Terms, the Terms of Sale and/or any other VIVANT Inc. rules of agreements in effect. By purchasing a Membership, the Member acknowledges the recurring payment features and accepts responsibility for all recurring payment obligations prior to cancellation of their Membership whether by the Member or the Seller. At the conclusion of a prepaid period, unless the Member cancels prior to renewal, Membership will automatically continue on a year-to-year basis. This does not apply to Gift Memberships. Gift Memberships are one off purchases and will not be automatically renewed.

Membership includes, but is not limited to, access to all Live Experiences™, wine education and tasting skills development with the Interactive Tasting Method™, answers to your wine questions from our expert wine advisors, access to Experience Kits™ that pair with our Live Experiences, members-only access to select wines, the ability to save wine assessments with our Interactive Tasting Method and to connect and follow other wine lovers around the world. The purchase of wines or Experience Kits is not included in the Membership, any product(s) orders are carried out by the Member at an additional cost.

Trials and Promotions are to be used within the specified timeframe given. Once the trial and/or promotion has terminated, the Member will not be eligible for the same trial and/or promotion again.

The Member is responsible for every use of the Site that occurs in conjunction with use of their username and password. Reasonable efforts must be employed to keep username and password information confidential. In the case of unauthorised use of a membership, the Member is responsible for notifying the Seller immediately.

2. CANCELLATION POLICY

For Membership service(s) paid for upfront, the Customer has the right to cancel their subscription, without giving a reason or paying any penalty, within a period of thirty (30) days from receipt of the items ordered . For Membership service(s) benefiting from the 30-Day Trial, the Customer has the right to cancel their subscription, without giving a reason or paying any penalty, within this 30 day period and/or within fifteen (15) days from the date of billing. Refunds will be carried out by a chosen means of payment within thirty (30) days of receiving the cancelation notice. If the Customer cancels their Membership after this period, they may use their Membership until the end of their then-current subscription. Membership will not be auto-renewed after the period expires. However, the Customer will not be eligible for a refund (partial or whole) of the Membership fee paid for the then-current Membership period.

Members can cancel by filling out the ‘Contact Us’ online form.

3. TERMINATION

The Seller reserves the right to terminate or suspend Membership and bar access to the Service(s) immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreement. In the case of Membership termination the Seller reserves the right to delete all content saved on the Customer profile without prior notice.

4. PAYMENTS

For Membership service(s) not benefiting from the 30-Day Trial, payment in full must be made at the time of registration. For Membership service(s) benefiting from the 30-Day Trial, payment will be processed at the conclusion of the trial, at which point the trial will be converted to a paid Membership. Payments are carried out on an annual subscription basis and are accepted using the the following methods:

• Credit card: American Express, Diners, VISA, Mastercard and Apple Pay.

The Member may be asked to supply certain information relevant to payment including, without limitation, their credit card number, the expiration date of their credit card, billing address, and shipping information. For further information on how we manage this information please refer to our Privacy Policy on the Site.

The Member represents and warrants that: (i) they have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information supplied to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting their information, the Member grants us the right to provide the information to these third parties subject to our Privacy Policy.

The Seller reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

The Seller reserves the right to revise the subscription plan and/or Membership fees. If the Seller carries out any changes, the Member will be notified. No changes will take effect until the end of the then-current Membership period.

Contact us

If you have any questions about this Agreement, please Contact Us.

VIVANT Inc.

548 Market Street
San Francisco, CA 94104
15 rue Marey-Monge
21630 Pommard, France