These Terms of Membership have been executed and delivered by you and constitute a valid and binding agreement between you and Gilt, 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 other applicable jurisdiction.
You shall establish and use your membership on the Gilt Sites, and purchase and use the products and services available through the Gilt Sites, in strict compliance with these Terms of Membership and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Gilt may be recorded.
Membership of Gilt’s affiliate site giltcity.com requires acknowledgement of its own terms of membership, www.giltcity.com/company/termsOfUse. By subsequently using this site, or any sites acquired by Gilt, you agree to abide by each of those terms of membership.
- PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Gilt is located at www.Gilt.com/company/privacy. You consent to any personal information we may obtain about you (either via the Gilt Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Gilt 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. It is your responsibility to check periodically for any changes we make to the Privacy Notice, but if a revision, in our sole discretion, is material, Gilt will notify you. Your continued use of the Sites after any changes to the Privacy Notice means you accept the changes. No changes to the Privacy Notice occurring after a dispute between you and Gilt arises will apply retroactively.
- GILT MEMBERSHIP
- Establishing a Membership
You may establish membership on the Gilt Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Membership, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Gilt’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 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 membership for any purpose competitive to Gilt. You will notify Gilt immediately by emailing [email protected] of any unauthorized use of your Gilt membership or the Gilt Sites known to you, whether by you or a third party.
- Membership Termination
- Establishing a Membership
- Order Processing
Gilt may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Gilt deems appropriate in its sole discretion. Gilt also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Gilt will either not charge you or refund the charges for orders that we do not process or cancel.
- Return Policy
Gilt accepts returns on certain merchandise on a case-by-case basis. For Gilt‘s Return Policy, which may change from time to time, please click www.gilt.com/support/returns.
- Product and Service Descriptions
Gilt attempts to provide accurate descriptions of products and services on the Gilt Sites. Gilt does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Gilt Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.
The Gilt Sites may offer a Quick View feature for various products. This feature allows you to view basic size and price information about the product and add the product to your cart without opening the product page. Quick View and this "add to cart" feature are offered for your convenience only. The product page is where you will find more detailed information about a product, its source, features and pricing.
- Pricing Information
Gilt strives to provide accurate pricing information regarding the products and services available on the Gilt Sites. We cannot, however, insure against pricing errors. Gilt reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Gilt will notify you by email. In addition, Gilt reserves the right, at its sole discretion, to correct any error in the stated full retail price.
- Product and Service Availability
The Gilt Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Gilt cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Gilt attempts to process the order. Should this happen, Gilt will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Gilt determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Gilt will notify you by email and delete the item from the Gilt Sites.
- Shipping and Tax
Click www.gilt.com/support/shipping for our policy regarding shipping and tax, which may change from time to time.
- Order Processing
- REFERRAL CREDIT PROGRAM
On certain of its Sites, Gilt may offer members the ability to earn credits or discounts ("Referral Credits") toward future purchases on the Gilt Sites when they invite friends to become members of a Gilt Site and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized Gilt invitation channel (e.g. an invitation sent through Gilt's website, Facebook or another social media channel supported by Gilt). You may only earn Referral Credits via Gilt’s authorized member invite mechanisms. Referrals outside of Gilt authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire six (6) months after issuance. You will only receive Referral Credit for the first qualifying purchase made by a friend who makes his or her first purchase on the Gilt Sites as a result of an invite from you via a Gilt authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and Gilt will have no liability to you for your friend’s failure to follow directions.
You agree that having multiple Gilt accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Gilt's referral credit program system may, without limiting any other Gilt rights or remedies, result in forfeiture of your membership and all Referral Credits in your account. Gilt reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by Gilt. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Gilt, including by using any trademarks of Gilt.
Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Purchase of a Gift Card is not a qualifying purchase. Referral Credits earned via Gilt may only be used on the Gilt Sites or Giltcity.com and may not be used toward the purchase of a Gift Card or on any other website affiliated with Gilt.
The referral credit program is void where prohibited by law. Gilt reserves the right to modify or terminate the referral credit program at any time, although Referral Credits accrued shall be valid for six (6) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Gilt will have no liability for any errors displayed in your account.
- GIFT CARDS
- NUTRITIONAL INFORMATION
To the extent required by law, Gilt posts on each relevant product web page on the Gilt Sites for any food products (1) the nutritional information regarding the product, and (2) the product’s expiration date.
By using the Sites in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Gilt, or any of its officers, directors and employees, arising out of, relating to, or connected in any way with the Sites or the determination of the scope or applicability of this Dispute Resolution provision, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator's decision shall be controlled by these Gilt Terms of Membership and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Sites; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Gilt, or any of its officers', directors', and employees', individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or Gilt, or any of its officers, directors, and employees; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Gilt or its any of its officers, directors and employees, exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Gilt agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Gilt will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this Dispute Resolution provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Gilt shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR GILT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- ENTIRE AGREEMENT
If any provision of these Terms of Membership is determined to be illegal, invalid, or unenforceable, the 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.
- MODIFICATION OF TERMS OF MEMBERSHIP
You acknowledge and agree that Gilt may, in its sole discretion, modify, add or remove any portion of these Terms of Membership at any time and in any manner, including the terms of Gilt membership, by posting revised Terms of Membership on the Site. You may not amend or modify these Terms of Membership under any circumstances. The current version of these Terms of Membership is available at www.gilt.com/company/termsOfUse. It is your responsibility to check periodically for any changes we make to the Terms of Membership but if a revision, in our sole discretion, is material, Gilt will notify you. Your continued use of this Site after any changes to the Terms of Membership means you accept the changes. No changes to the Terms of Membership occurring after a dispute between you and Gilt arises will apply retroactively.
- EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your Gilt membership, or any general legal principles to the contrary, any provision of these Terms of Membership that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Membership.