Wine and Spirits Masters Terms of Service
Before using any of the Wine and Spirits Masters services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE WINE AND SPIRITS MASTERS SERVICES (“SERVICES”). BY USING THE WINE AND SPIRITS MASTERS SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WINE AND SPIRITS MASTERS’S DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Wine and Spirits Masters Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
DESCRIPTION OF SERVICE
The Site is an online service that offers courses and educational materials to students. Services and products include, but are not limited to, any service and/or content Wine and Spirits Masters makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance, or repair of the Site or any other reason within or outside the control ofWine and Spirits Masters. Wine and Spirits Masters reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
You agree that you will pay for the Services, and that Wine and Spirits Masters may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WINE AND SPIRITS MASTERS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the Services may change at any time at Wine and Spirits Masters’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
- Payment is collected in advance for each course and practice exam.
- A year of access to a course and practice exam starts on the day payment is successfully received and cleared until the same calendar day of the following month. For example, if payment is made on January 15, 2018, access is valid from January 15, 2018 to January 14, 2019.
- Refunds are not given unless under our Money Back Guarantee.
MONEY BACK GUARANTEE
If a user does not successfully pass an exam administered by WSET, SWE, or WSET, Wine and Spirits Masters will fully refund the user for the purchase of a corresponding WSM exam under the following conditions:
- The WSM course for which the user is requesting a refund must correspond to the exam taken. For example, a Certified Specialist of Wine course can only be refunded if the user has failed the Certified Specialist of Wine exam.
- The user must provide proof of having failed an exam for the corresponding WSM course. If the exam includes a tasting component, then the user must provide proof of having failed the theory portion of their exam.
- The same user must be the registrant of the WSM course and the candidate for the corresponding exam.
- The user must have completed all of the modules and lessons of the course for which the refund is being requested and it must correspond to the exam taken and subsequently failed. Modules completed after one calendar year since purchase of the course will not count.
- The user must have completed the final practice exam of the course for which the refund is being requested and it must correspond to the exam taken and subsequently failed. Practice exams taken after one calendar year since purchase of the course will not count.
- Users may not be found having shared WSM course materials with anyone other than themselves as listed as the account owner.
- Users are eligible to apply for a refund within 1 calendar year of purchasing the WSM course.
- Users must contact [email protected] to apply for the refund.
- If approved for the refund, the refund will be issued under the original payment method.
- If approved for the refund, the refund will be initiated by the merchant account within 14 days. It may take longer for the user to see the refund issues on his/her bank statement depending on their financial institution.
USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by Wine and Spirits Masters and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. Wine and Spirits Masters reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Wine and Spirits Masters for compliance purposes, and Wine and Spirits Masters reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to Wine and Spirits Masters. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Wine and Spirits Masters, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Wine and Spirits Masters, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Wine and Spirits Masters Username and Password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall Wine and Spirits Masters be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
WINE AND SPIRITS MASTERS, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY WINE AND SPIRITS MASTERS OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Wine and Spirits Masters, wineandspiritsmasters.com and other Fluent Group LLC. graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Wine and Spirits Masters. Wine and Spirits Masters’s intellectual property may not be used in connection with any product or service without the prior written consent of Wine and Spirits Masters. Notwithstanding the foregoing, the images and icons available in the Wine and Spirits Masters Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the Wine and Spirits Masters Site.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Wine and Spirits Masters in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Wine and Spirits Masters shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Wine and Spirits Masters’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Wine and Spirits Masters may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within California between two residents thereof, the parties submit to the exclusive jurisdiction of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.
If there are any questions regarding this Terms and Conditions, you may contact us using the information below.
Fluent Group LLC
2549 Eastbluff Dr. Suite 161
Newport Beach, CA 92660