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 (which include Vouchers) 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.
- 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 Gilt Privacy Notice. 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. Any changes to our Privacy Notice will be posted at Gilt Privacy Notice. Your continued use of the Sites after any changes to the Privacy Notice means you accept the changes.
- 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 Privacy Notice 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 firstname.lastname@example.org of any unauthorized use of your Gilt membership or the Gilt Sites known to you, whether by you or a third party.
- Membership Termination
- 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. Without limiting the foregoing, Gilt reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
- Return Policy; Credits & Refunds
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 Gilt Return Policy.
Items that have been returned for a Gilt merchandise credit will be refunded in the form of a merchandise credit (a "Merchandise Credit") at the original purchase price, plus applicable sales tax, and, if applicable, the return shipping charges will be deducted from the amount of the Merchandise Credit. Merchandise Credit may be redeemed only for the purchase of merchandise and/or vouchers on the Gilt Sites and may not be used for the purchase of Gift Cards. Merchandise Credit is not transferable and may not be combined with Merchandise Credit belonging to others. At no time may you purchase, sell or barter any Merchandise Credit. Merchandise Credit is not redeemable for cash, unless required by law. The obligations represented by outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the Gilt business, or any third party under contract with such present or future owner. You expressly consent to and authorize any such future assignment and assumption of outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.
Items that have been returned for a refund to your original form of payment will be refunded (a "Return Refund") at the original purchase price plus applicable sales tax and the return shipping charges (if any) will be deducted from your refund. Please note that in connection with the Return Refund, a refund to your original form of payment includes restoring any prior Merchandise Credit or other membership rewards that you may have used for your purchase to your account. Refunds to your original form of payment will appear on your statement within approximately seven days.
Any credit balance (including any Merchandise Credit) will be automatically applied to your next purchase of merchandise and/or vouchers from the Gilt Sites and the order of redemption of such credits will be determined by Gilt. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, to the fullest extent permitted by law. Account balances are determined by Gilt and such determination is final.
- 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 of Membership.
The Gilt Sites may offer a quick view type feature for various products. This feature allows you to view price information about the product and add the product to your cart without opening the product page. The quick view feature 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.
Click Shipping Policy for our policy regarding shipping, which may change from time to time.
- PROMOTIONAL VOUCHERS
Gilt offers a service pursuant to which third party sellers, merchants or vendors of goods, services and/or experiences ("Vendors") present offers for You to purchase promotional vouchers ("Vouchers") redeemable for Vendor goods, services and/or experiences.
The following terms and conditions apply to all Vouchers purchased through Gilt Sites, 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 (including You) purchasing, printing, accepting, using or attempting to use any Voucher agree to these terms and conditions.
All Vouchers are promotional in nature and are issued by the participating Vendor through Gilt as a service provider. The Vendor is the holder and issuer of the Voucher and under no circumstances shall Gilt 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 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’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 (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, longer if required by applicable law. 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.
Vouchers are available for purchase while supplies last. Vouchers are transferable without notice to Gilt 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 nor Vendor is responsible for lost or stolen Vouchers. If you lose your Voucher, please contact email@example.com or call customer service at 1-800-789-2233. 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.
If You purchase a Voucher that may be redeemed in whole or in part for alcoholic beverages, you represent and warrant that you are 21 years of age or older. 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, as allowed by the Vendor and as permitted by applicable law.
Except as specified in this Section 5, 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.
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 for any costs Gilt incurs as a result of such violation.
You agree to pay to Gilt 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.
- 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. Referral Credits have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Referral Credits do not constitute property and you do not have a vested property right or interest in the Referral Credits. You will only receive Referral Credit for the first qualifying purchase made by a friend: (i) who makes his or her first purchase on the Gilt Sites as a result of an invite from you via a Gilt authorized channel; and (ii) who is not a resident of California. 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 of Membership 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 of Membership 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, in our discretion and without prior notice, including changing expiration periods or Referral Credit values for existing or future Referral Credits or replacing such Referral Credits with such other promotional rewards as we determine from time to time. 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
- DISPUTE RESOLUTION
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. It is your responsibility to check periodically for any changes we make to the Terms of Membership. Your continued use of this Site after any changes to the Terms of Membership means you accept the changes.
- 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.
Last Modified: July 9, 2018