Membership terms

WELCOME TO JANCISROBINSON.COM

Our membership terms (“Membership Terms”) are set out below and govern our provision, and your use, of our paid services. These services include access to the Purple Pages and other paid content on the JancisRobinson.com Website (collectively called the "Services").  A person or organisation that has entered into a contract with us for the provision by us of Services on these Membership Terms (and each named user of a member organisation) is referred to in these Membership Terms as a "Member".

CATEGORIES OF MEMBERSHIP

Services are provided only to Members. The Services include the provision of a personal or professional account to you, which will enable you to access a range of paid Members-only content hosted on the Purple Pages areas of the Website, including our Members-only forum, and provision of our newsletter via email. The Services are described in more detail in the relevant sections of the Website. Our four different categories of membership are described briefly below.

Personal Membership – this membership category gives you personal access to the Purple Pages. By signing up to or renewing this category of membership you promise that all the information you have provided is complete and accurate and that you will carry out your obligations set out in these Membership Terms.

Gift Membership – this membership category gives the individual you nominate access to the Purple Pages. By signing up to or renewing this category of membership you promise that: (i) all the information you have provided is complete and accurate; (ii) you have the right to provide us the personal data about the person you have nominated to be processed in accordance with our Privacy Policy; and (iii) you will carry out your obligations set out in these Membership Terms.

Professional Membership – this membership category gives a single individual Member or a specified number of users from a single Member company or other organisation access to the Purple Pages and a 48-hour preview of all articles, including tasting notes. By signing up to or renewing this category of membership (whether as an individual or on behalf of an organisation) you promise that: (i) all the information you have provided is complete and accurate; (ii) if applicable, you have the right to provide to us the personal data about each of the named users included in the membership to be processed in accordance with our Privacy Policy; and (iii) where the membership applies to an organisation you have the authority of the organisation to enter into a membership contract with us and to bind that organisation to these Membership Terms. If you have purchased this category of membership of an organisation, all references in these Membership Terms to “you” shall be to that organisation.

REGISTRATION AND FORMATION OF CONTRACT

These Membership Terms set out the entire agreement between you and us relating to the provision by us to you of the Services made available through the Website.

Your application to start or renew your membership is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

All applications are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or other written notice. The contract between you and us (“Contract”) will only be formed on acceptance by us. We will begin performance of the Services as soon as reasonably practicable after acceptance of your application, provided that you have made payment to us of the relevant fees.

The Contract will have a fixed term of one month (in the case of monthly subscriptions), one year (in the case of annual subscriptions), or other period as may be stated in relevant sections of the Website, and will renew automatically at the end of each fixed term for a further fixed term. If you do not wish to renew your Contract with us, please notify us in writing at least seven days before the end of the current fixed term, or click the cancellation button under “Subscriptions” in your account portal.

ACCOUNT SECURITY

If you choose, or you are provided with, a user ID or password as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you have purchased a Professional Membership, you must ensure that each named user treats his or her user ID and password as confidential and does not disclose that information to any third party, including any other employee or member of the organization.

We have the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have, or any named user has, failed to comply with any of the provisions of these Membership Terms, our Website Terms and Conditions, or our Privacy Policy.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@jancisrobinson.com.

CANCELLATION

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”), consumers have certain rights to cancel contracts concluded at a distance. If you are a consumer the Contract between you and us is such a contract and you have the right to cancel it within 14 days after the date the Contract is entered into (so if you enter into the Contract on 1 October, you may cancel any time before the end of 15 October) (the “Cancellation Period”). Because our Services are subscription-based, you acknowledge and accept that they will be made available to you immediately upon formation of the Contract and during the Cancellation Period. We are so confident that you will like our subscription services that if you cancel the Contract during the Cancellation Period, we will provide you with a full refund.

If you are a consumer you may cancel the Contract by notifying us at support@jancisrobinson.com before the end of the Cancellation Period. You do not have to give us any reason for your cancellation, but should inform us that you are exercising your right to cancel by a clear statement. The Regulations require us to provide the following model cancellation form to you, which you may print or copy and complete, but you do not have to use the model form. The easiest way to cancel your membership is by clicking the cancellation button under “Subscriptions” in your account portal.

MODEL CANCELLATION FORM

To JancisRobinson.com Limited, Milton Gate, 60 Chiswell Street, London EC1Y 4AG, United Kingdom, email support@jancisrobinson.com

I hereby give notice that I cancel my contract for the supply of the following service: subscription-based access to the member sections of your website JancisRobinson.com, ordered on [insert date].

[Name of consumer]

[Address of consumer]

[Signature of consumer (if form notified on paper)]

[Date]

Under the Regulations, you are obliged to pay for Services provided to you during the Cancellation Period if you cancel the Contract. However, we will not enforce this obligation – if you cancel the Contract within the Cancellation Period we will reimburse all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the date on which you inform us of your cancellation of the Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction and will not charge you any additional fees for making the reimbursement.

PRICE AND PAYMENT

Our membership fees are set out on the Website. You must pay the applicable membership fees in order to receive the Services. Payment may be made by following the instructions on the Website. You can check the status of your current membership and payment status at any time by referring to your account settings.

You must pay for all Services in advance in cleared funds. We accept payment through our payment processing service provider Stripe Payments Europe, Ltd (“Stripe”). The collection and processing by this provider of your credit or debit card details and other personal data are governed by its terms and conditions. See https://stripe.com/gb/privacy for more information.

CONTRIBUTIONS AND ACCEPTABLE USE

Tasting notes and scores, articles, images, and other content

With the exception of limited commercial reuse permitted to Professional Members (see here), Members or visitors to the Website may not reproduce any content from articles, images, videos, PDFs, or other files without requesting permission first, via editorial@jancisrobinson.com.

Members or visitors to the Website may not under any circumstances use automated processes to crawl our website to extract data from our tasting note database or for any other purpose.

We reserve the right to terminate immediately the membership of any Member found to be breaching the above-stated conditions.

Forum

We make a forum available to Members on the Website. Contributions to the forum are not pre-moderated. While we reserve the right to moderate contributions to the forum, we are under no obligation to oversee, monitor, or moderate any use of the forum and we expressly exclude any liability for any loss or damage arising from the use of the forum by a user in contravention of our content standards.

Please read the FAQ before using the forum. As you will see from the FAQ, we provide you with a means of contacting a moderator should you have any concerns or difficulties in relation to your use of the forum.

You must comply with the following content standards in relation to any material or commentary that you contribute to the Website (“Contributions”). Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable law in the United Kingdom and in any country from which they are posted.

Contributions must not contain any material which:

• is defamatory of any person;
• is offensive or discriminatory;
• infringes the copyright, database rights or trademark rights of any other person or is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonates any person, or misrepresents your identity or affiliation with any person; nor
• gives the impression that it emanates from us or is approved by us, if this is not the case.

We will determine, in our absolute discretion, whether there has been a breach of content standards and may take whatever action we deem appropriate in relation to any breach (see the Breach, Suspension and Termination section below). We may disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to the Website infringes their intellectual property rights or defames them.

We shall have no liability to you for actions taken in response to breaches of our content standards.

Any content you upload to the Website will be considered non-confidential. You retain all of your ownership rights in your content, but you grant to us a license to use, store and copy that content and to distribute and make it available to third parties. We will not share any of your personal information except to the extent permitted by our Privacy Policy.

We do not consent to the content on the Website being used, reproduced, or downloaded in any manner or by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), including but not limited to translation services. Users of the Website, including any third parties accessing the Website through automated systems, are prohibited from (i) using any of the content on the Websites for Artificial Intelligence Purposes without first seeking our specific and express permission and (ii) sub-licensing or directing others to reproduce and/or otherwise use the Website content in any manner for purposes of training artificial intelligence technologies to generate text, audio, or video without our specific and express permission.

OUR LIABILITY

Nothing in these Membership Terms will operate to exclude or limit our liability to the extent that such liability cannot be excluded or limited by law, including liability for death and personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; or for fraud or fraudulent misrepresentation.

We are only responsible to you for foreseeable loss or damage caused by us. If we fail to comply with the terms of these Membership Terms, we are responsible for loss or damage that is a foreseeable result of our breaching these Membership Terms or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Membership Terms are entered into, both knew it might happen.

If you have purchased a Professional Membership:

• (a) under no circumstance will we have any liability (whether in contract, tort (including negligence) or otherwise) under or in connection with these Membership Terms for: (i) wasted or lost management time or time of other employees, loss of profits, contracts or business, loss of goodwill or loss of anticipated savings; (ii) any increased costs or expenses; or (iii) any indirect, special or consequential losses of any nature; and
• (b) our total liability to you in relation to these Membership Terms shall in no circumstances exceed a sum equal to the sums paid by you to us for the provision of membership during the six months preceding the date on which the event given rise to our liability occurred.

BREACH, SUSPENSION AND TERMINATION

If you breach any of these Membership Terms, we may take any of the following actions that we deem appropriate in the circumstances:

• issue of a warning to you;
• immediate, temporary or permanent withdrawal of your right to use the Website and/or Services;
• the issue of legal proceedings against you; or
• disclosure of your information to law enforcement authorities as appropriate.

You agree to reimburse us all costs, losses, damages, expenses and liabilities (including, but not limited to, reasonable administrative and legal costs) suffered, incurred, or paid out by us as a result of your breach of these Membership Terms.

TRANSFER OF RIGHTS AND OBLIGATIONS

You may not transfer, assign, or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.

EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including (without limitation) natural disasters, failures of telecommunications networks, power failure, failure of our suppliers, data loss, and the acts of any government.

VARIATIONS

We may revise these Membership Terms at any time by amending this page. Continued use of your membership will signify that you agree to such changes.

SEVERABILITY

If any court or competent authority decides that any of the provisions of these Membership Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

APPLICABLE LAW AND JURISDICTION

These Membership Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, the Contract or these Membership Terms although we retain the right to bring proceedings against you for breach of these Membership Terms in your country of residence or any other relevant country.