Terms, Conditions and Privacy
All content of any kind on CLUB PRODUCTS including the proprietary CLUB PRODUCTS Software and Methodologies are protected by international and domestic laws, including copyright-intellectual property laws and treaties.
2. Title Not Transferred; License; Copying Not Permitted
The use of any CLUB PRODUCTS do not transfer any title or ownership to the CLUB PRODUCTS, Software and Methodologies. The CLUB PRODUCTS, Software and Methodologies may not be used for any purpose other than as specifically provided by CLUB. Use of CLUB PRODUCTS as intended therein is permitted only under a strict, non-exclusive and limited license, revocable at any time as specifically provided in these Terms and Conditions of Use. Copying, distribution, modification, translation, sale, the creation of derivative works, decompilation, reverse engineering, disassembling or any attempt to do any of the above with respect to the CLUB PRODUCTS, Software and Methodologies is not permitted.
4. Prohibited Activities
By using CLUB PRODUCTS, you agree to do so in accordance with all terms and conditions herein and warrant that any purchases made are for the stated purpose listed on your application and not to do or attempt or plan to do any of the following, in any way: (a) interrupt, interfere, sabotage or damage the operation of CLUB PRODUCTS; (b) violate any laws and/or third party rights in connection with CLUB PRODUCTS or its use; (c) post false, misleading, defamatory, libelous, spam or unlawful content; (d) manipulate CLUB PRODUCTS’s fee structure and/or billing process; (e) distribute viruses that may harm CLUB PRODUCTS or its users; (f) use CLUB PRODUCTS if you are not legally permitted to form legally binding contracts, or are temporarily or indefinitely suspended from using CLUB PRODUCTS; (f) fail to deliver or accept any services or goods which you undertook to provide or acquire; (g) fail to make payment for services or goods purchased by you; (h) manipulate the price of any service or goods, including buying gift cards in order to fulfill products sold on other platforms; buying product to bulk ship to places outside of the USA; using a gift card to buy every-day supplies; (i) interfere with any other user’s listings; (j) transfer any account on CLUB PRODUCTS to another party without CLUB PRODUCTS’s consent; (k) collect information about users, including without limitation e-mail addresses, without consent; (l) any act which is not in accordance with the normal, intended use of CLUB PRODUCTS, or which might in any way harm CLUB PRODUCTS or its users. Should the stated purpose change from that listed in your application, you are obligated to inform CLUB in writing. Failure to do so may result in your access being revoked.
5. No Warranty
THE CLUB PRODUCTS SOFTWARE, SERVICE AND METHODOLOGIES AND ANY CONTENT ON CLUB PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLUB and any of its subsidiaries and affiliates (HEREINAFTER collectively known as CLUB) DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS GIVEN THAT THE CLUB PRODUCTS, SOFTWARE OR METHODOLOGIES WILL MEET A USER’S REQUIREMENTS, THAT ACCESS OR OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IT IS SPECIFICALLY EMPHASIZED THAT NO WARRANTY IS GIVEN THAT THE CLUB PRODUCTS, SOFTWARE OR METHODOLOGIES OR ANY LINKS (OR ANY SERVERS CONNECTED WITH THE ABOVE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE CLUB PRODUCTS, SOFTWARE OR METHODOLOGIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE CLUB PRODUCTS, SOFTWARE OR METHODOLOGIES WILL NOT ADVERSELY AFFECT THE USE OF THE COMPUTER(S) ON WHICH THE SAME ARE ACCESSED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON, INCLUDING WITHOUT LIMITATION, A REPRESENTATIVE OF CLUB SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY AND/OR OTHER LEGAL RIGHTS MAY BE AVAILABLE IN VARIOUS JURISDICTIONS. CLUB PRODUCTS MAY MAKE ANY ALTERATIONS TO THE CLUB PRODUCTS SITE, THE DATA, PROGRAMS, SERVICES OR PRICES, AT ANY TIME WITHOUT NOTICE.
Once a gift has been purchased, the recipient may receive a virtual gift card. Virtual products are typically available within one business day (via virtual gift certificate). The rules and guidelines governing these gift certificates are those as decided by the individual retailer and applicable laws.
You may NOT return or cancel your virtual gift certificate after it is received and not right of refund exists.
This policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and applications and website and application owners, Jifiti.com Inc. Furthermore, the way our business processes, stores and protects user data and information will also be detailed within this policy.
The website and applications
Jifiti.com take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their use of its services. In addition to US laws the website and applications comply with all UK national laws and requirements for user privacy.
What are cookies?
Cookies are small files saved to the user’s computer’s hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
We use anonymous session cookies (short-term cookies that disappear when you close your browser) to help you navigate the website and make the most of the features. If you log into the website, application or a course as a registered user, your session cookie will also contain your user ID so that we can check which services you are allowed to access.
Should users wish to deny the use and saving of cookies from this website onto their computer’s hard drive, they should take necessary steps within their web browser’s security settings to block all cookies from this website and its external serving vendors.
Whilst using our website, software applications or services, you may be required to provide personal information (name, address, email, account details, etc.). We will use this information to administer our website, applications, client databases and marketing material. We will ensure that all personal information supplied is held securely in accordance with the General Data Protection Regulation (EU) 2016/679, as adopted into law of the United Kingdom in the Data Protection Act 2018. Further, by providing telephone, fax and email details, you consent to Jifiti.com contacting you using that method. You have the right at any time to request a copy of the personal information we hold on you. Should you wish to receive a copy of this, or would like to be removed from our database, please contact us at firstname.lastname@example.org
Information collection and use
How do we collect information?
Jifiti.com collects information in two possible ways:
a. When you directly give it to us (“Directly Provided Data”)
When you sign up for our site or applications (or cobranded sites or applications that we host and administer for third parties), purchase our products or communicate with us, you may choose to voluntarily give us certain information – for example, by filling in text boxes or completing registration forms. All this information requires a direct action by you at that time in order for us to receive it.
b. When you give us permission to obtain from other accounts (“User Authorised Data”)
Depending on your settings or the privacy policies for other online services, you may give us permission to obtain information from your account with those other services. For example, this can be via social media or by choosing to send us your location data when accessing our website from your smartphone.
How long do we keep your data for?
Jifiti.com will not retain your personal information longer than necessary. We will hold onto the information you provide either while your account is in existence, or as needed to be able to provide the Services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related reporting and trend analysis only.
If legally required or if it is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Terms and Conditions, we may also retain some of your information for a limited period of time as required, even after you have closed your account or it is no longer needed to provide the Services to you.
Jifiti.com will not sell or rent your personally identifiable information, gathered as a result of filling out the site registration form, to anyone.
Choosing how we use your data
We understand that you trust us with your personal information and we are committed to ensuring you can manage the privacy and security of your personal information yourself.
With respect to the information relating to you that ends up in our possession, and recognising that it is your choice to provide us with your personally identifiable information, we commit to giving you the ability to do all of the following:
• You can verify the details you have submitted to Jifiti.com by contacting our customer services team email@example.com . Our security procedures mean that we may request proof of identity before we reveal information, including your e-mail address and possibly your address.
• You can also contact us by the same method to change, correct, or delete your personal information controlled by Jifiti.com regarding your profile at any time. Please note though that, if you have shared any information with others through social media channels, that information may remain visible, even if your account is deleted.
• You are also free to close your account through our account settings. If you do so, your account will be deactivated. However, we may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).
• You can always feel free to update us on your details at any point by contacting firstname.lastname@example.org
• You can unsubscribe from receiving marketing emails from us by clicking the “unsubscribe” link at the bottom of any email. Once you do this, you will no longer receive any emails from us.
• You can request a readable copy of the personal data we hold on you at any time. To do this, please contact us at email@example.com
Please note, we are constantly reviewing how we process and protect data. Therefore, changes to our policy may occur at any time. We will endeavour to publicise any changes.
8. Retailers and Third-Parties
The CLUB PRODUCTS, Software and Methodologies are in certain cases linked to and interface with the websites, software and methodologies of other parties, such as but not limited to retailers. CLUB has no responsibility whatsoever with regard to the same. Logos and trademarks shown on CLUB PRODUCTS appear only to assist users and illustrate locations where CLUB PRODUCTS may be used. The use of the logos that are trademarks or copyrighted work of other companies are never intended to suggest that CLUB PRODUCTS owns the trademarks or that the owner of the logo is obligated to CLUB PRODUCTS or its users. Users of the CLUB PRODUCTS, Software or Methodologies must review the Terms and Conditions of Use (or similar title) of each of the relevant third-parties before making any transactions with or related to any of such third-parties.
As a user of the CLUB PRODUCTS, Software or Methodologies you agree to indemnify, defend, and hold CLUB, its subsidiaries, affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You shall use your best efforts to cooperate with an Indemnified Party in the defense of any claim. The Indemnified Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter, even if the same is subject to indemnification by you.
10. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLUB BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CLUB PRODUCTS, SOFTWARE OR METHODOLOGIES EVEN IF CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OR EXCLUSION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CLUB’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY TYPE EXCEED THE AMOUNT PAID FOR USE OF THE CLUB PRODUCTS, SOFTWARE AND METHODOLOGIES, OR $50, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF A USER OF THE CLUB PRODUCTS, SOFTWARE OR METHODOLOGY IS DISSATISFIED IN ANY WAY WITH ANY PORTION OF THE SAME, OR WITH THE PURCHASE OF PRODUCTS FROM A RETAILER AFFILIATED WITH THE CLUB PRODUCTS, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, OR THERE IS ANY CONCERN THAT ANY USE OF THE SITE, SOFTWARE OR METHODOLOGY MAY CAUSE DAMAGE OF ANY TYPE, THEN THE USE OF THE SITE, SOFTWARE AND METHODOLOGY SHOULD IMMEDIATELY BE DISCONTINUED.
CLUB reserves the right, in its sole discretion, to prevent or terminate any person’s access to any or all of the CLUB PRODUCTS, Software or Methodologies, the related services or any portion or any of the above at any time, without notice.
12. Use of Information
CLUB and the third-parties which are affiliated with CLUB PRODUCTS may use information provided by CLUB PRODUCTS users for marketing and other purposes to the extent permitted by law.
13. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. CLUB and/or any retailer affiliated with the CLUB PRODUCTS, Software or Methodologies may require that a dispute between any person and CLUB or such third-party shall be resolved by binding arbitration in the State of Delaware under the rules of the American Arbitration Association. Nothing herein shall prevent CLUB or any such third-party from taking legal action as it deems appropriate in its discretion against any person in any jurisdiction. This is the entire agreement between users and CLUB relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
THE SOFTWARE AND SERVICE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.