BACCHUS TERMS OF SERVICE

Last Updated: January 2025

1. DEFINITIONS

"Bacchus Club" or "Club": The rewards program operated through the Bacchus App.

"Bacchus Concierge": The concierge program operated through the Bacchus App.

"Partner Restaurants": Restaurants participating in the Bacchus Concierge program located in New York City.

"Cellar Wine List": The curated wine list available at selected Partner Restaurants, featuring wines with MSRP pricing.

"Bacchus Points": Reward points earned through eligible wine purchases. Points have no direct cash value but can be redeemed according to program rules.

"Eligible Purchase": A wine bottle from the Cellar Wine List purchased at the Partner Restaurant and pre-ordered during a reservation made through the Bacchus App.

"Considered Value": The manufacturer's suggested retail price (MSRP) of a wine bottle from the Cellar Wine List.

"Cash Balance": The monetary value accumulated when Bacchus Points are converted for redemption, transferable via Zelle, ACH, or physical check.

"Member" or "You": Any individual who creates an account and uses the Bacchus App.

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2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirement

2.2 Account Creation

To use the App, you must:

• Provide accurate and complete information (name, email, phone number)
• Verify your phone number via one-time password (OTP)
• Agree to these Terms of Service
• Consent to receive club announcements and marketing communications

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

2.4 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Provide false information
• Abuse the rewards program
• Behave inappropriately with restaurant staff or other members

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3. BACCHUS CLUB REWARDS PROGRAM

3.1 Earning Bacchus Points

Referral Bonus:

• Earn 1,000 Bacchus Points when someone you refer:
• Creates an account using your unique referral code
• Makes their first Eligible Purchase
• Referral bonus is credited after the referred member's first purchase is confirmed
• Each member has a unique referral code found in their profile

Sign-Up Bonus:

• New members may receive a sign-up bonus as promoted during registration
• Bonus terms are specified at the time of account creation

3.2 Points Redemption

Redemption Value:

• Bacchus Points can be redeemed at 1 cent per point (100 points = $1.00)
• Points automatically convert to Cash Balance upon the next Eligible Purchase
• Redemption cannot exceed the Considered Value (MSRP) of your wine purchase

Redemption Process:

• On your next wine pre-order, points automatically convert to cash balance up to the Considered Value
• The conversion reduces your points balance and increases your cash balance
• Remaining points stay in your account for future redemptions

Cash Balance Transfer:

• Cash balance can be transferred via:
• Zelle (instant transfer)
• ACH (3-5 business days)
• Physical Check (7-10 business days)
• Minimum transfer amount: $25
• Maximum transfer amount: No limit (subject to available balance)
• Transfer requests processed within 2 business days

3.3 Points Expiration

Expiration Examples:

• Points earned on January 15 expire on February 14
• Expiring points are shown in the Rewards tab with expiration dates
• Use oldest points first to maximize value

3.4 Points Restrictions

• Each Eligible Purchase can only be claimed once
• Points cannot be transferred between accounts
• Points have no cash value unless redeemed through the program
• Points cannot be sold, bartered, or exchanged outside the program
• We reserve the right to void redemptions deemed fraudulent or abusive

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4. RESTAURANT RESERVATIONS

4.1 Booking Process

Reservation Requests:

• Reservations are requests, not guaranteed bookings
• We recommend making requests at least 24 hours in advance
• Confirmation typically occurs within 24 hours
• You will receive email updates on booking status

Booking Information Required:

• Restaurant selection
• Date and time preference
• Party size (subject to restaurant's allowed party sizes)
• Minimum pledged wine budget per party
• Optional: Special requests, dietary restrictions, wine pre-orders

4.2 Confirmation and Changes

Booking Confirmation:

• You will receive confirmation once the restaurant approves your request
• Confirmed bookings are binding commitments
• Booking details (date, time, party size) are provided in the confirmation

Modifying Reservations:

• Contact us at support@chus.wine or (914) 768-1790 to modify confirmed reservations
• Changes subject to restaurant availability and policies
• We will do our best to accommodate reasonable changes

4.3 Cancellation Policy

Cancellations are governed by individual restaurant policies:

• Contact us as soon as possible to request cancellation
• Late cancellations or no-shows may affect your ability to make future bookings
• Some restaurants may charge cancellation fees
• We act as a booking intermediary and do not set cancellation policies

To Cancel:

• Contact support@chus.wine or call (914) 768-1790
• Provide your booking ID and requested cancellation reason
• Allow 24-48 hours for cancellation confirmation

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5. WINE PRE-ORDERING

5.1 Cellar Wine Lists

• Partner Restaurants provide curated Cellar Wine Lists through the App
• Pre-ordering is optional; you can also order wines at the restaurant for meeting the Minimum Wine Spending
• Cellar lists feature wines with MSRP pricing and eligible for pre-ordering
• Wine availability subject to current inventory

5.2 Pre-Order Process

Placing Pre-Orders:

• Browse the restaurant's Cellar Wine List in the App
• Add wines to your pre-order cart
• Pre-orders are included in your special requests when booking
• Pre-orders help fulfill your minimum pledged wine budget
• Pre-orders are confirmed with your reservation

Pre-Order Changes:

• Modifications can be made up to 24 hours before your reservation
• Contact support to change or cancel pre-orders
• Last-minute changes subject to restaurant availability

5.3 Pre-Order Payment

• Wine purchases are paid directly at the restaurant
• The App does not process wine payments
• Prices shown are MSRP; final pricing may be different at the restaurant
• Pre-orders do not guarantee fixed pricing (restaurants may adjust)

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6. VIP PERKS AND BENEFITS

6.1 Member Perks

As a Bacchus Club member, you may receive exclusive perks at Partner Restaurants:

• Waived or reduced corkage fees
• Complimentary amuse-bouche or dishes
• Sparkling wine toasts
• Sommelier consultations
• Priority reservations
• Special wine tastings and events

6.2 Perk Availability

• Perks vary by restaurant
• Actual perk values may vary from estimates shown in the App
• Perks are subject to restaurant availability and discretion
• We do not guarantee specific perks for any reservation

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7. COMMUNICATIONS

7.1 Consent to Receive Communications

By creating an account, you consent to receive:

• Transactional messages (booking confirmations, OTP codes, points updates)
• Bacchus Club announcements and program updates
• Marketing communications (exclusive offers, wine events, sommelier recommendations)
• Push notifications through the App

7.2 Opting Out

Marketing Communications:

• Click "unsubscribe" in emails
• Adjust notification preferences in the App settings
• Contact support@chus.wine to opt out

Transactional Messages:

• You cannot opt out of essential service communications
• These include booking confirmations and account security messages

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8. INTELLECTUAL PROPERTY

8.1 Ownership

The Bacchus App, including all content, features, functionality, software, logos, and design, is owned by Chu's Wine Corp. and protected by copyright, trademark, and other intellectual property laws.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

8.3 Restrictions

You may not:

• Copy, modify, distribute, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Use the App for any commercial purpose
• Remove or alter any copyright, trademark, or proprietary notices
• Use automated systems (bots, scrapers) to access the App

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9. USER CONDUCT

9.1 Acceptable Use

You agree to use the App responsibly and not to:

• Violate any laws or regulations
• Provide false or misleading information
• Impersonate any person or entity
• Engage in fraudulent activity
• Abuse or manipulate the rewards program
• Harass, threaten, or harm others
• Attempt unauthorized access to the App or systems

9.2 Restaurant Etiquette

When dining at Partner Restaurants:

• Arrive on time for your reservation
• Honor your minimum wine spending commitment
• Treat restaurant staff and other patrons with respect
• Follow restaurant policies (dress code, dining time limits, etc.)
• Provide accurate dietary restriction information

9.3 Consequences of Violations

Violations may result in:

• Warning or temporary suspension
• Forfeiture of points and rewards
• Permanent account termination
• Legal action if applicable

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10. DISCLAIMERS AND LIMITATION OF LIABILITY

10.1 Service "As Is"

The Bacchus App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of content

10.2 Restaurant Services

10.3 Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for indirect, incidental, consequential, or punitive damages
• Our total liability is limited to the amount you paid us in the 12 months prior to the claim (or $100, whichever is greater)
• We are not liable for losses caused by circumstances beyond our reasonable control

10.4 Indemnification

You agree to indemnify and hold harmless Chu's Wine Corp., its officers, employees, and agents from any claims, damages, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights

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11. MODIFICATIONS TO TERMS AND SERVICES

11.1 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Upon posting in the App
• After we notify you via email or in-app notification
• As specified in the "Last Updated" date

Continued use of the App after changes constitutes acceptance of the modified Terms.

11.2 Changes to Services

We may:

• Modify or discontinue features of the App
• Change rewards program terms (points earning rates, expiration policies)
• Add or remove Partner Restaurants
• Adjust pricing or policies

We will provide reasonable notice of material changes affecting your account or rewards.

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12. TERMINATION

12.1 Termination by You

You may terminate your account at any time by:

• Contacting support@chus.wine
• Requesting account deletion in the App settings

Upon termination:

• Unused Bacchus Points will be forfeited
• Cash balance will be transferred to you (if above minimum transfer amount)
• Your data will be deleted per our Privacy Policy

12.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms
• Engage in fraudulent or abusive behavior
• Fail to honor restaurant commitments
• Are inactive for an extended period

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13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

13.2 Informal Resolution

If you have a dispute, please contact us at support@chus.wine. We will attempt to resolve it informally within 30 days.

13.3 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration Terms:

• Arbitration will take place in New York County, New York
• Either party may bring an action in small claims court
• You waive the right to a jury trial
• You waive the right to participate in class actions

13.4 Exceptions

Either party may seek injunctive or equitable relief in court for:

• Intellectual property infringement
• Unauthorized access to systems
• Violations of computer fraud laws

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14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Chu's Wine Corp. regarding the Bacchus App.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, pandemics, government actions, etc.).

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15. ACKNOWLEDGMENT AND ACCEPTANCE

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These Terms of Service are effective as of January 2025 and apply to all users of the Bacchus mobile application.