Terms and Conditions

At Nosy, we strive to offer a first-class experience for our members, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and Nosy, its affiliates, and its and their parent and subsidiary companies (collectively, “Nosy,” “we,” or “us”) with respect to your use of this website and any other Nosy owned websites, micro-sites, and social media pages and accounts (collectively, “Nosy Sites”), all Nosy-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Nosy Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Nosy Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Nosy Services, specific areas of certain Nosy Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Nosy Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Nosy Sites or Applications will be controlling with respect to those particular areas. Nosy reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Nosy Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Nosy Sites, Applications or any other website in regards to Nosy, or while contacting any of our Member Services team, will not be tolerated.

Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult (21+) present to sign for all Nosy shipments. A valid government-issued ID may be required upon delivery.

Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries or retailers who receive all orders. To address possible state alcoholic beverage law concerns, Nosy pays for new member referrals through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited.

Privacy

Your use of the Nosy Sites, Applications and Services is subject to our Privacy Notice located at nosywineclub.com incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Nosy.

Nosy Membership

Membership Program. You must be a Nosy wine member in order to place an order through Nosy Services. You may become a Nosy member by providing the requested registration information and submitting it to Nosy through the Nosy Sites or Applications. By becoming a member and placing an order, you agree to receive a shipment of at 3 bottles of wine from Nosy according to the frequency you chose until you cancel your membership. You may suspend or cancel your membership any time. By becoming a member and providing your membership and credit card information, you authorize Nosy to charge your credit card (including shipping and any applicable tax) for each monthly Nosy Membership wine shipment. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.

Membership Termination. You may cancel your Nosy Membership at any time by logging in to your personal account on the Nosy Website or contacting us through the e-mail support@nosywineclub.com. Nosy may terminate your membership and refuse any and all current or future use of your Nosy Membership or Nosy Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Nosy determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Nosy determines, in its sole discretion, that you are using your Nosy Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Nosy deems appropriate in its sole discretion

Member Registration. If you register to become a Nosy member, you agree to complete the initial registration process according to the requirements stated on the applicable Nosy Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Nosy Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Nosy that your use of a payment card in connection with any purchase you make on or through Nosy Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify Nosy if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.

Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.

Payment. The total amount to be paid by you for your order will be the predetermined subscription value at the time of your subscription including all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Nosy to charge such amount to your payment card at that time.

Nosy's Commitment to Quality

If you are dissatisfied with your Nosy purchase for any reason, please contact Nosy Member Services at support@nosywineclub.com. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to Nosy. Subject to the conditions set forth here, Nosy will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. Nosy Gifts are nonrefundable.

NOSY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A NOSY SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

Restocking and Reshipment Fees

Orders returned to Nosy may be subject to a reasonable restocking fee. Nosy reserves the right to charge an additional fee for all re-shipped orders upon customer’s request for reshipment.

Your Account

All alcohol listings are intended for individuals who are 18 years of age or older. Nosy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.

You must be at least 18 years of age to use Nosy sites and purchase alcohol through Nosy Services.

Disclaimer of Warranties

The Nosy sites, applications and services and the content provided on or through the Nosy sites, applications and services is provided to you on an “as is” and “as available” basis, without warranties or any kind, and Nosy hereby disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to any implied warrantiens of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Neither Nosy nor any person associated with Nosy makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy or availability of the Nosy sites and applications or their content. Without limiting the foregoing, neither Nosy nor anyone associated with Nosy represents or warrants that the sites, applications, services or the content will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the sites or the server that makes them available are free of viruses or other harmful components or that the Nosy sites and applications or their content will otherwise meet your needs or expectations.

Limitation of Liability

In no event will Nosy, its licensors or content providers be liable for demage of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the sites, applications and services, or any content, including any direct, indirect, special, incidental, consequential, exemplary or punitive demages of any kind whatsover, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Use of the Nosy sites, applications, services or their content is at your sole risk.

Indemnification

You agree to defend, indemnify and hold harmless Nosy and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Nosy Sites, Applications or Services.

Trademarks

The trademarks and service marks displayed on the Nosy Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Nosy and its licensors. For a list of Nosy trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nosy Sites, Applications and Services are trademarks, service marks or trade dress of Nosy in the U.S. and other countries. Nosy's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Nosy, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nosy. All other trademarks not owned by Nosy that appear in any Nosy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nosy.

Copyright

All content included on or made available through any Nosy Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Nosy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Nosy Sites, Applications and Services is the exclusive property of Nosy and protected by U.S. and international copyright laws.

Submitted Materials and Ideas

While we appreciate your interest in Nosy and our business, Nosy does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Nosy might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on Nosy Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

Links to Third-Party Websites

Nosy Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Nosy has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Nosy Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.