Last Updated: November 4, 2021
Postino Wine Cult (the “Wine Cult”) is born from a passion for wine, a love of experiences, and a commitment to the Postino WineCafe restaurant (“Postino WineCafe”) community. Wine Cult provides hand-selected, trusted wines to our valued members every quarter (each a “Cult Box”), while also providing members the ability to learn and grow their wine acumen.
By purchasing a membership to the Wine Cult , you acknowledge and agree that you have read these Wine Cult terms and conditions (the “Terms”), understand them, and agree to be legally bound by them.
- Wine Cult Membership Benefits & Perks; Accounts: Subject to these Terms, Wine Cult members are eligible to receive the Member Perks set forth at the Website (collectively, with the “Member Perks”). Member Perks are subject to change at any time. Please visit the Website regularly for updated Member Perks. Notwithstanding the foregoing and for the avoidance of doubt, not all Wine Cult membership benefits are the same for all members, as some special promotional offers, benefits and communications may be based on geographic location, Wine Cult participation, information supplied by the member, the volume or type of purchases made by a member, or other factor(s) as determined by Upward Projects from time to time.
Only one person can be enrolled per Wine Cult membership, and accounts under the same name and address will automatically be combined.
- Member Identification: To receive Member Perks at a Postino WineCafe, you must present your Wine Cult membership number, or alternative identification (which may include: first and last name, phone number, and/or email address) with every transaction. In order to be eligible for Member Perks your account must be: (1) in compliance with the Terms, (2) active, (3) up-to-date with current personal information (address, phone number, email address, etc.) and (4) up-to-date on membership fees.
In the event your membership is used without your authorization, or you experience other issues, immediately notify Upward Projects via email at [email protected] with a clear subject matter or via phone at (480) 542-0199. Such notification must be received by Upward Projects within thirty (30) days of the issue or original transaction in order to be able to assist you.
- Quarterly Cult Box Wine Availability/Inventory: All Wine Cult members acknowledge that the Cult Box wines provided to Wine Cult members are available on a quarterly basis, are limited in quantities and may not always be available at the time of your pick-up, especially in the event that you do not pick up your wine in the timeframe for which such wine was offered or pickup was designated. In all cases, a Postino WineCafe, in its sole discretion, may substitute another wine for any wine that is no longer reasonably available, without any adjustment or refund. For more information on this process please visit our FAQs.
- Membership Fees: All fees for Wine Cult memberships and associated charges, such as other related charges, are automatically billed to the credit card you designate for your membership. If your membership is a quarterly membership, fees are charged on the first day of the beginning month of each quarter preceding the Cult Box release. For example, for the Winter Cult Box release (January through March), you will be charged on or around January 1. Seasonal/Quarterly membership charges are $60.00 USD per Member plus tax.
Yearly memberships are $220 USD per Member plus tax. Yearly memberships include four Cult Box releases. You will be charged your yearly membership fee at the beginning of the subsequent quarter after you signed up for the program. For example, if you signed up for your membership between January and March of 2022, you will be charged on April 1 of 2022 for your yearly membership.
Postino WineCafe and Upward Projects gift cards are not redeemable toward Wine Cult membership fees.
Promotional rates or membership offers may have additional terms which would be subject to and in accordance with these Terms.
All fees charged are non-refundable except as expressly set forth in these Terms. Notwithstanding when fees are billed to a member, all Wine Cult perks are activated promptly following registration in the Wine Cult, except that a member will not receive their Cult Box release until the next quarter or release after registration.
- Membership Term; Changes and Renewal: Quarterly memberships are on a quarter-to-quarter basis (3-month time period), and your membership automatically renews each quarter on the first day of the beginning month of each quarter preceding the Cult Box release (when the wine is available for pickup).
Yearly memberships are on a year-to-year basis (12 months or 4 Cult Box releases). Your membership will automatically renew each year following four Cult Box releases. You’ll be charged the beginning month of the next Cult Box release following four Cult Box releases and preceding the next Cult Box release.
If you wish to cancel your membership, you must let us know via your member profile on the Website at least thirty (30) days before the renewal date for which your cancellation is to be effective, and any fees already charged for any membership, including any quarterly or annual fees, are non-refundable.
In addition, it is your responsibility to inform Upward Projects of any changes to your membership record and information. Changes to your membership account and information, including cancellations, may be submitted online through your member profile on Website or by emailing [email protected]. All changes, including cancellations, must be received at least thirty (30) days prior to any charge in order to be effective to avoid that charge or shipment. Fees will be due for any cancellations or changes not submitted prior to the Wine Cult’s processing time for a particular charge, as specified above.
- Email Communications: When joining the Wine Cult, you will automatically be enrolled into the Wine Cult email marketing program. You authorize Wine Cult to send you marketing communications and special offers regarding Upward Projects and its affiliates, partners, and service providers, and its and their related projects as part of your Member Perks. To change your marketing preferences, please visit your member profile on Website. Upward Projects will provide all statements, communications, and updates about the Wine Cult and your membership via email to the address in your account. Marketing emails may include, but not be limited to, detailed information on seasonal releases, promotional offers, Wine Cult events, and more related to Postino WineCafe and the Wine Cult.
To stop receiving email communications, please UNSUBSCRIBE through any of the email communications from the Wine Cult emails from Upward Projects. Please be aware that unsubscribing from email communications could result in complications with seasonal releases, program updates, and Wine Cult perks.
- Limitations; Legal Compliance: Member Perks are not valid with other special offers or discounts offered by Postino WineCafe locations. Member Perks are non-transferable. All goods, services and benefits provided via Postino WineCafe, including wines, are only provided in states in which Upward Projects or its applicable affiliate are licensed to provide such goods, services and benefits. None of Upward Projects or its affiliates are engaged in the shipping or importing of wines or other products into or from any state, country or other jurisdiction where it is not so licensed.
Membership in the Wine Cult is void where prohibited, and by joining the Wine Cult, you represent that your membership in the Wine Cult and receipt and use of any goods, services or other items received through the Wine Cult does not and will not violate any applicable law or regulation. In joining the Wine Cult, you represent to Postino WineCafe that you and the person to whom delivery of any wine will be made are at least 21 years old. When your wine and quarterly Cult Box release is picked up, the person receiving the product will be required to show identification proving Wine Cult membership and that they are at least 21 years old. Wines will be provided only to persons who are at least 21 years old. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. Wines provided or delivered by the Wine Cult are not for resale and are for personal consumption only. Upward Projects has the right to terminate or suspend the Wine Cult, or your membership in the Wine Cult, at any time and for any reason whatsoever and without liability, including, without limitation, following a change in law or your violation of these Terms.
- Unavoidable Delay: In the event of any circumstances outside of the control of Upward Projects which prevent, hinder or delay Upward Projects from performing its obligations, such obligations shall be suspended for the term of such event or Upward Projects may elect to cancel the Wine Cult or Wine Cult membership for the affected members. Such circumstances include, but are not limited to, acts of God, earthquake, flood, severe weather conditions, or other natural calamity, disease outbreaks, epidemics or pandemics, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping.
- Disclaimer of Warranties: YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE WINE CULT, THE GOODS AND SERVICES PROVIDED BY UPWARD PROJECTS AND/OR A POSTINO WINECAFE LOCATION AND ALL OTHER BENEFITS RELATED TO THE WINE CULT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. UPWARD PROJECTS AND ITS AFFILIATES, INVESTORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS (EACH A “POSTINO PARTY” AND COLLECTIVELY, THE “POSTINO PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE POSTINO PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE WINE CULT OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE WINE CULT, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY OF THE POSTINO PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF A POSTINO PARTY FOR CLAIMS ARISING UNDER THESE TERMS EXCEED THE ANNUAL MEMBERSHIP FEE THAT YOU PAID IN THE TWELVE (12) MONTHS PRECEEDING THE CLAIM. YOU ACKNOWLEDGE THAT POSTINO WINE CAFE WOULD NOT PROVIDE MEMBERSHIP IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THESE LIMITATIONS OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES, AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Indemnification: By joining the Wine Cult, you agree to defend, indemnify, and hold harmless the Postino Parties, from and against any and all losses, claims, demands, actions, suits, or other proceeding brought by a third party, and associated losses, liability, penalties, damages, costs and expenses that arise out of or relate to your negligence, willful misconduct, failure to comply with applicable law, misrepresentation or false information provided to the Wine Cult, your breach of any of these Terms or any use or misuse of any goods, services or other benefits of Wine Cult membership.
- Governing Law; Venue; Arbitration: These Terms are governed by the substantive laws of the State of Arizona, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Maricopa County, Arizona with respect to any dispute, disagreement, or cause of action related to or involving the Wine Cult and/or these Terms. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE WINE CULT AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
- Arbitration; Class Action Waiver: Please read this section carefully as it affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to us via certified mail sent to 3443 N. Central Ave. North Rotunda, Phoenix, Arizona 85014, Attention: Chief Financial Officer, to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. You agree that any and all disputes arising out of your membership in the Wine Cult, the Website, or these Terms conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. Such arbitration to be held in Maricopa County, Arizona before one (1) arbitrator. Any judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
- Waiver of Class Actions and Jury Trials: Please read this section carefully as it affects rights that you may otherwise have. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
- Miscellaneous: If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Upward Projects with respect to your membership in the Wine Cult and the goods, services and benefits provided by Postino WineCafe, which are related to or provided in conjunction with the Wine Cult.
- Change in Terms: These Terms shall remain in full force and effect while you are a member of the Wine Cult, and only Upward Projects may, in its sole discretion, modify the Terms or add or delete any of the Member Perks rules, conditions, benefits or rewards, in whole or in part. Upward Projects may make any such changes at any time, with or without notice, even though such changes may affect the Wine Cult, the value of the program and its benefits and/or the time of redemptions. Provided, however, that any revision shall not apply to disputes of which Upward Projects had notice on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit these Terms and the accompanying FAQs available on the Website.