Gilt City Terms and Conditions of Service
By establishing membership on the Gilt City Sites, or purchasing or using products or services through the Gilt City Sites, you acknowledge and agree as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Gilt City, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
You shall establish and use your membership on the Gilt City Sites, and purchase and use vouchers available through firstname.lastname@example.org or any of its affiliated sites ("Voucher(s)") in strict compliance with these Terms and Conditions and all applicable laws, rules and regulations (collectively, "Laws"). All calls, emails and other communications between you and Gilt City may be recorded.
Membership of Gilt City's affiliate sites, gilt.com, parkandbond.com and jetsetter.com require acknowledgement of their own Terms of Service. Click www.jetsetter.com/terms-of-service, www.gilt.com/company/termsofuse, or www.parkandbond.com/company/termsOfUse to review each of these. By subsequently using these sites, or any sites acquired by Gilt City, you agree to abide by each of those terms and conditions of service.
2. Promotional Vouchers
These Terms and Conditions apply to all Vouchers purchased, except as otherwise specified on any particular Voucher and except as otherwise required by law. In the event of a conflict between these Terms and Conditions and the actual Voucher, the Voucher itself will control. Any customer purchasing, printing, accepting, using or attempting to use any Voucher agrees to these Terms and Conditions.
All Vouchers are promotional in nature and are issued by the participating merchant or vendor ("Vendor") through Gilt City as a service provider. The Vendor is the holder and issuer of the Voucher and under no circumstances shall Gilt City be deemed the holder, issuer or seller of the Voucher. The Law applicable to the Voucher shall be the law of the state where the Vendor interaction with the customer occurs. As the holder and issuer of the Voucher, Vendor is solely responsible for the value and redemption of the Voucher and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any customer and the compliance with all Laws, including, without limitation, unclaimed property and escheatment laws relating to the Vouchers. Each customer hereby knowingly waives and releases Gilt City and its affiliates and their respective officers, directors, employees, shareholders, agents and representatives, from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the Vendor in connection with the Voucher, the provision of the services and products relating to the Voucher, and compliance by the Vendor with applicable Law, including, without limitation, unclaimed property and escheatment laws. Gilt City's sole role is as a service provider for the Vendor, and the applicability and compliance with any relevant Law relating to any Voucher is solely determined by and complied with by the Vendor.
The Vouchers are coupons that provide a discount price from the actual or retail cost from the Vendor. That discount is available until the expiration date stated on the face of the Voucher. After that time, the amount originally paid by the customer to Gilt City (the "Purchase Value") will be valid for goods and services of the Vendor for a minimum of five years in all states. If the customer is located in a state which requires the Vendor to honor the Purchase Value of the Voucher beyond five years, the applicable law of customer's state governs. For example, a Voucher purchased for a particular service of the Vendor at the discounted price of $50 (actual retail price of $100) with an expiration date on the discount of six months from a specified date, may be used for the particular service for six months from such specified date; thereafter, the customer may use the $50 value of the Voucher to purchase other goods and services of the Vendor for a minimum of five years. Notwithstanding the foregoing, for Vouchers that are redeemable for specific ticketed events, once the event date passes the Voucher expires. Customer's acceptance of any redemption of a Voucher constitutes an acceptance of the redemption and a waiver of any claims associated with the Voucher. The Voucher may not be redeemed for products or services other than those specified on the Voucher or as otherwise specifically permitted by this paragraph and may not be used to pay account balances or for products or services purchased from the Vendor prior to the purchase of the Voucher. The Voucher will be emailed to Customer within 24 hours of purchase. Where applicable, Customer should present the Voucher to the Vendor at the time of redemption.
Vouchers are transferable without notice to Gilt City or Vendor. No resale of Vouchers is permitted unless such resale is permitted pursuant to applicable law. Vouchers are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law. If cash redemption is required by applicable law, the customer will only be entitled to cash redemption based on the amount paid by the customer to Gilt City for the Voucher, not the actual or retail cost from the Vendor. Vouchers may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit to Vendor except as required by applicable law. Limit one Voucher per person per visit or purchase. Neither Gilt City nor Vendor is responsible for lost or stolen Vouchers. If you lose your Voucher, go to the "My Account" section of http://www.giltcity.com and print your certificate. The Vendor will accept the first Voucher presented with the unique number printed on the Voucher. Treat your Voucher as you would cash. Vouchers are subject to any limitations stated on the Voucher or by the Vendor. The issuance of any credits for the Vouchers are at the sole discretion of the Vendor except as required by applicable law. All restaurant Vouchers are valid for dine in only unless otherwise stated on the Voucher. Vouchers may not be used for alcohol, prior balances, shipping or handling, tips or gratuities or other fees except as expressly provided on the Voucher or as allowed by the Vendor and as permitted by applicable law. Unless otherwise stated on the Voucher or disclosed in connection with the purchase of the Voucher by customer, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Vendor at the time you redeem the Voucher. Any attempted redemption of a Voucher in violation of these terms and conditions will render the Voucher void.
3. Data integrity
You represent that all of the information, data and other materials you provide to Gilt City are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided to Gilt City by updating the information on the account you may establish on http://www.giltcity.com.
4. Privacy Notice
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Gilt City is located at http://www.giltcity.com/company/privacy. You consent to any personal information we may obtain about you (either via the Gilt City Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Gilt City may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.
5. Gilt City Membership
Establishing a Membership
You may establish membership on the Gilt City Sites. At a minimum, enrollment requires you to (1)Â indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Gilt City's sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Policy http://www.gilt.com/company/security for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.
Use of Membership
You shall not use your Gilt City membership for any purpose competitive to Gilt City. You will notify Gilt City immediately by emailing email@example.com of any unauthorized use of your Gilt City membership or the Gilt City Sites known to you, whether by you or a third party.
Gilt City may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the Voucher you wish to purchase is no longer available, has been mispriced, Gilt City suspects the order is fraudulent, or in other circumstances Gilt City deems appropriate in its sole discretion. Gilt City also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Please note, however, that only under limited circumstances will the Gilt City Order Management team ask for your full payment card number or account password on the telephone, and under no circumstances will any Gilt City staff ask for your full payment card number or account password on the telephone or by email. Gilt City will either not charge you or refund the charges for orders that it does not process or cancel.
7. Product and Service Descriptions
Gilt City attempts to provide accurate descriptions of Vouchers. Gilt City does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Voucher offered is not as described, your sole remedy is to contact the Vendor.
Gilt City strives to provide accurate pricing information regarding the Vouchers available on the Gilt City Sites. We cannot, however, insure against pricing errors. Gilt City reserves the right, at its sole discretion, to not process or to cancel any orders placed for a Voucher if the price was incorrectly posted on the site as a result of an error. If this occurs, Gilt City will notify you by email. In addition, Gilt City reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Gilt City does not guarantee that it offers best available rates for Vouchers.
8. Voucher Availability
In rare cases, a Voucher may be available when a customer places an order, and sold out by the time Gilt City attempts to process the order. Should this happen, Gilt City will not process or cancel your order and notify you by email.
9. Alcoholic Beverages
Vouchers that may be redeemed for alcoholic beverages will not be sold to purchasers under the age of 21. Vouchers may not be used for alcohol, prior balances, shipping or handling, tips or gratuities or other fees except as expressly provided on the Voucher or as allowed by the Vendor and as permitted by applicable law.Â
10. Refund Policy
Except as specified in Section 2 of these Terms and Conditions, Vouchers are nonrefundable. Vendors whose Vouchers are offered may have their own refund policies. You must contact the Vendor directly to determine if it has such a policy and to seek any refund afforded by the policy.
11. Vendor Rules and Restrictions
Vendors whose Vouchers are offered may impose additional rules and restrictions on the Vouchers. Please read Vendors' additional rules and restrictions carefully. By purchasing a Voucher, you agree to abide by the Vendor's additional rules and restrictions, such as those regarding availability, minimum age, maximum occupancy, child policies, and the use of Vendor's products or services. You agree that any violation of any such Vendor's rules and restrictions may result in (1) cancellation of your Voucher, (2) being denied access to the applicable products or services, (3) forfeiting any Charges (as defined below) paid for the relevant Vouchers, and (4) being charged by Gilt City for any costs Gilt City incurs as a result of such violation.
You agree to pay to Gilt City the fees, costs, expenses and other charges in connection with your Voucher purchase (collectively, the "Charges"). You acknowledge and agree that the Charges will be billed to your payment card, or that you will pay the Charges using another payment method approved by Gilt City.
13. Gift Cards
14. Entire Agreement
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties' original intentions as nearly as possible in accordance with applicable laws.
16. Modification of Terms of Service
You acknowledge and agree that Gilt City may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Gilt City membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at http://www.gilt.com/company/websiteterms. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
17. Effect of Termination/Survival of Selected Provisions
Notwithstanding the expiration or earlier termination of your Gilt City membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
18. Effective Date
January 14, 2012.