WELCOME TO EXTRAVAGIFT.COM TERMS AND CONDITIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH EXTRAVAGIFT OFFERS ACCESS TO OUR SERVICES

DEFINITIONS

“Affiliate”
End Provider of Services or other ExtravaGift Companies (other than ExtravaGift.com LLC).

“ExtravaGift”
means ExtravaGift.com LLC.

“ExtravaGift Data Protection Rules”
means the ExtravaGift Data Protection policies listed below and at www.ExtravaGift.com”.

“ExtravaGift Voucher”
means a gift voucher issued by ExtravaGift redeemable against services offered by Affiliates.

“ExtravaBucks”
are non-exchangeable tokens which may be purchased to redeemed against ExtravaGift Vouchers.

“Member”
means a member of the ExtravaGift service that has agreed to the ExtravaGift Terms and Conditions and provided full registration details (see Membership Information below).

“Membership Information”
means the data required to be given to effect registration as a Member and any other membership information given by Members in connection with the service.

“Six months Protection Period”
Is a period of month from the initial purchase date of an ExtravaGift voucher under which any increase in Affiliate service price will be payable by ExtravaGift on redemption of the ExtravaGift voucher against the Affiliate’s service.

“Third Party Details”
Member’s stored family and friend contact details, including email addresses, addresses and phone numbers.

“Terms and Conditions”
means the Terms and Conditions hereby stated.

“Third Party”
means any person, entity or body corporate that is not a Member or any other person that has not agreed to the ExtravaGift Terms and Conditions.

“Third Party Communication”
means emails, letters, personalised ExtravaGift Vouchers, gift details or any other communication to a Third Party at the instruction of a Member.

Any definitions stated to be in the singular shall also be applicable in the plural.

ACCEPTANCE OF TERMS AND CONDITIONS

ExtravaGift offers its gift voucher service to its customers based on acceptance of the Terms and Conditions listed here. All clients must read, agree and accept these terms and conditions before becoming a Member or purchasing and taking part in any associated Affiliate’s gift offering.

Experience Descriptions

Users of the service accept that all descriptions provided by ExtravaGift are only valid at the time of going to print. Such descriptions provide a general explanation of example items provided by our service and as such their content cannot be treated as accurate descriptions of the services offered. ExtravaGift will make efforts to ensure that all descriptions are up to date and as accurate as possible, however ExtravaGift cannot be held liable for differences between descriptions and actual experiences. Please also note that images are for descriptive purposes only and are not a true representation of any of the services offered.

Trademark/Copyright

ExtravaGift.com is a trademark of ExtravaGift.com LLC, and all other trade names, service names incorporated in this site are trademarks or registered trademarks of their respective owners, and are protected by United States and International trademark laws. None of the above trademarks shall be used in a way or by any product or service that is not ExtravaGift.com LLC‘s (or an affiliate) or any other entity that does not have the consent of ExtravaGift.com LLC. Any consensual use of above such indicated trademarks shall not be used in such a manor that is likely to cause confusion amongst customers or discredit ExtravaGift.com LLC’s reputation.

Pursuant to Experience descriptions above and all other information accessible through the ExtravaGift website, including without limitation, text, images, software, illustrations, logos and any other content thereof are protected by United States Copyright laws. Such materials are owned and controlled solely by ExtravaGift.com LLC. Any unlicensed use of the above materials (including for the avoidance of doubt, sale, distribution, any transmission or replication) without the prior consent of ExtravaGift.com LLC shall be prohibited. In the event of ExtravaGift.com LLC consenting to the use of such materials, no right, title or interest of ownership or any other such rights in the materials shall be granted or transferred to the permitted user of such materials.

Membership

Membership to ExtravaGift’s service is based on acceptance of the Terms and Conditions detailed here. All users of the ExtravaGift service must first be registered and provide factual personal data. Membership can be revoked at any time and at ExtravaGift’s discretion. Member’s data will only be used in accordance with ExtravaGift Data Protection Rules as detailed below. Please note our policy guidelines do not in any way undermine your statutory rights.

All members confirm and represent that in part consideration for their membership, that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

Members will receive a password and a designated membership account upon becoming a Member and the accurate completion of the Membership Information. Members are responsible for maintaining the confidentiality of their passwords and account details, and are solely fully responsible for all activities that occur under your password or account irrespective of password loss. Members agree to (a) immediately notify ExtravaGift of any unauthorized use of your password or account or any other breach of security, and (b) members ensure that exit from their account at the end of each session. ExtravaGift shall not be liable for any loss or damage arising from Member’s failure to comply with this section.

Member Benefits

ExtravaGift is under no obligation to provide or to continue to provide promotional membership benefits. Any provided membership benefits are for promotional purposes only and are subject to change without notice. ExtravaGift cannot be held liable for any reliance made upon promotional membership benefits for the avoidance of doubt, the ExtravaGift email reminder service maybe be subject to failed delivery or interruptions in its service. ExtravaGift will not be held liable for any inconvenience, loss or liability that may ensue from member reliance upon the membership benefits.

Membership Conduct

Members accept that by uses of the ExtravaGift service they may be exposed to content that is offensive, indecent or personally objectionable, for which ExtravaGift.com LLC or its subsidiaries or its Affiliates shall not be liable.

Members agree to not use the ExtravaGift service to:

• email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a ExtravaGift official, guide or host, or falsely state or otherwise misrepresent your connection with ExtravaGift or its Affiliates;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the ExtravaGift or its Affiliates;
• disobey any requirements, procedures, policies or regulations of networks connected to the ExtravaGift service and the ExtraGift Terms and Condition; and
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

Member’s acknowledge that ExtravaGift may not pre-screen content, but that ExtravaGift and its affiliates shall have the right (but no obligation) in their sole discretion to refuse or move any content in ExtravaGift.com. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not relied on any content on the ExtravaGift website.

Members Communication

Members undertake to indemnify ExtravaGift and all of its affiliates from any liability, suit, action, loss or damage of any kind incurred, which may ensue from a Member instructed Third Party Communication. Members personalised Third Party Communications are in no way a reflection of ExtravaGift’s views, beliefs or philosophy’s. ExtravaGift acts only as an intermediary to facilitate Third Party Communications and shall in no way be held responsible for any distress, offence or loss caused to the Third Party.

Personal Data

Data about the activity of visitors to this www.ExtravaGift.com shall be used by ExtravaGift. ExtravaGift will use members personal data to analyse trends across its services. ExtravaGift will not distribute this data to any external or third party entities. All personal data will be treated in confidence and in accordance with the ExtravaGift Data Protection Rules.

Member identifying data, for example email addresses, postal addresses, or telephone numbers and other personally identifying data is known to ExtravaGift only when voluntarily submitted or posted to this site. ExtravaGift may use such personally identifying information provided by you to send communications to Members regarding ExtravaGift Vouchers, ExtravaBucks ordered or any other orders placed. ExtravaGift may also use this information to communicate advance notice of events and new products and services.

Third Party Details are held solely at the request of the Member. This information shall not be utilised for any other purpose than non-identifying trend analysis or generic demographic study. Third Party Details will be held in accordance with our ExtravaGift Data Protection Rules.

Members agree, consent and acknowledge that ExtravaGift may disclose your information if required to do so by law or in a good faith belief that giving such access or preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the ExtravaGift Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) protect the rights, property, or personal safety of ExtravaGift.com LLC, its users and the public; or (e) respond to your requests for customer service.

Fraudulent Behaviour

Members of the ExtravaGift service agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Gift Voucher ID), use of the Service, or access to the Service.

ExtravaGift Members allocate and dispense ExtravaGift Vouchers at their own risk. It is not the policy of ExtravaGift to check, confirm or verify the identity of an ExtravaGift Voucher holder before the redemption of an ExtravaGift Voucher or use of an ExtravaGift Affiliate service. ExtravaGift Members will not be reimbursed for the fraudulent use and redemption by a third party of their lost, stolen or fraudulently utilised ExtravaGift Voucher.

ExtravaGift Members agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Membership Information requirements; and (b) maintain and promptly update the Membership Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ExtravaGift has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ExtravaGift has the right to suspend or terminate your account and refuse any and all current or future use of the service.

Payment

ExtravaGift Members may seek to purchase ExtravaGift Vouchers, ExtravaBucks, products or services described in the ExtravaGift website, any credit card, payment information or any other information provided to facilitate the such payment will be provide to ExtravaGift.com LLC (or any of its affiliates). All such information will be held in accordance with the ExtravaGift Terms and Condition and the set ExtravaGift Data Protection Rules. By providing payment information, the ExtravaGift Member represents and warrants that such information is accurate, complete, and current. By the completion of such purchase from ExtravaGift, you agree to pay all charges (including shipping and handling charges) incurred by users of your credit card or other payment mechanism. Members confirm and agree that they are solely responsible for paying any taxes applicable to such purchase, and indemnify ExtravaGift from any tax or any other liability that may ensure from such purchase.

ExtravaGift reserves the right, for any reason, to refuse or deny any order. Orders may be delayed beyond our control or cancelled due to unforeseen circumstances. If ExtravaGift Member’s have not given completely accurate information and/ or ExtravaGift are unable to contact the Member (although ExtravaGift shall be under no obligation to inform or contact a Member) who has placed such order or the primary cardholder who placed the order, such order may be refused or cancelled.

Vouchers

ExtravaGift Voucher’s are only redeemable against any services provided by ExtravaGift Affiliates. They have no monetary value and as such they are not to be resold or redistributed without prior consent from ExtravaGift. If after 6 months the price of the voucher has increased, the ExtravaGift Voucher holder is responsible for paying the difference.

ExtravaGift members are charged at their own risk to retain possession of their purchased ExtravaGift Vouchers. ExtravaGift is not required to facilitate the utilization of a booked Affiliate service by a Member within the six months Protection Period without the redemption of a ExtravaGift Voucher.

ExtravaGift retains the right at any time to cancel, terminate, end or refund any existing ExtravaGift Vouchers.

Booking/ExtravaGift Voucher Redemption

Members of the ExtravaGift service must accept that, although every effort will be made to schedule bookings with Affiliates, no guarantees can be made with respect to availability of services offered. All prices are guaranteed for six months after the purchase date of the ExtravaGift voucher, any increase in the price of the Affiliate’s service after the six months Protection Period shall be payable by the ExtravaGift Voucher redeemer. ExtravaBucks maybe be purchased to fund any increase in the Affiliate’s service price payable after the six months Protection Period on redemption of such service.

If however a booking cannot be made within a reasonable timeframe, ExtravaGift at its discretion may refund the value of the ExtravaGift Voucher.

ExtravaGift Voucher holders must become an ExtravaGift Member and agree to the Terms and Conditions of the ExtravaGift Service before redeeming ExtravaGift Vouchers.

ExtravaBucks

Extravabucks once purchased have no exchangeable monetary value other than their ability to be redeemed to purchase an ExtravaGift Voucher.

Cancellations

Users of the ExtravaGift service accept that an Affiliate has the right to cancel scheduled bookings at their discretion. ExtravaGift will not be held liable for any losses incurred by the member due to Affiliate cancellations. ExtravaGift will at its discretion, either replace or refund said vouchers if a mutually convenient date cannot be arranged between the Member and the Affiliate.

Cancellations made by the ExtravaGift Voucher holder within 24 hours of the scheduled Affiliate service, or as otherwise indicated by the Affiliate, shall be subject to a cancellation fee. Such discretionary cancellation fees are payable directly to the Affiliate service provider. ExtravaGift shall not undertake to assist in the re-arrangement of the rescheduling of any Affiliate service.

Affiliates

Although ExtravaGift conducts steps to ensure professional standards and behaviour of Affiliates, ExtravaGift cannot be held liable for any services offered by each Affiliate. Each Affiliate has the right to refuse participation of its service to any voucher holder at its discretion.

Reminders

Where ExtravaGift provides its members with a reminder service, ExtravaGift cannot be held responsible for lapses in this service for any reason. ExtravaGift will make efforts to ensure all reminders are delivered and managed successfully, but does not offer guarantees for this service.

Indemnity

Users of the ExtravaGift service accept that ExtravaGift acts as an intermediary within the gift offering service and accepts no liability for any loss, claim or action brought pursuant to failure or negligence of the service provided by our Affiliates.

Members agree to indemnify and hold ExtravaGift.com LLC and its subsidiaries, affiliates (except Affiliates) officers, employees and agents harmless from any claim or demand, made by any third party due to or arising out of the Affiliate service and/or ExtravaGift service.

Alternations to the ExtravaGift Service

ExtravaGift.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ExtravaGift service (or any part thereof) without notice. You agree that ExtravaGift.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Disclaimers of Warranties

Members confirm and agree that:

• Use of the ExtravaGift service is at there own sole risk. ExtravaGift expressly disclaims that it has set forward warranties of any kind, whether express or implied, including, but not limited to the implied warranties of the merchantability, fitness for a particular purpose and non-infringement.
• ExtravaGift makes no warranty that (i) the service will meet member requirements (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any proudest, services or information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
• No advice or information, whether oral or written, obtained by you from ExtravaGift or through the service shall create any warrant not expressly stated in the ExtravaGift Terms and Conditions.

Limitation of Liability

Each ExtravaGift Member expressly agrees that ExtravaGift.com shall not be liable for any direct or indirect damages, resulting, but not limited to, the following: (i) reliance or the use or the inability to use the ExtravaGift service; (ii) the cost of procurement or substitute goods and services resulting from the utilization of the ExtravaGift service, and/or transactions enter into through or from the service; (iii) Unauthorised access to or alternation of a ExtravaGift transmissions or Member Information or data. (iv) Statements or conduct of any third party, Affiliate in relation to provision of the ExtravaGift service; (v) any other matter relating to the ExtravaGift service.

Termination of Membership

You agree that ExtravaGift.com may, under certain circumstances and without prior notice, immediately terminate your ExtravaGift.com membership and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your ExtravaGift.com account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information associated with your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in ExtravaGift.com' sole discretion and that ExtravaGift.com shall not be liable to you or any third-party for any termination of your account or access to the ExtravaGift service.

Members may terminate their membership upon sending and ExtravaGift’s receipt of written notice, 21 days prior to such termination. Termination will only occur if all sums and amounts payable by Members to ExtravaGift or its Affiliates have been paid. Members agree that upon termination, at their request, their ExtravaGift Membership and their rights (but not their obligations) under the Terms and Conditions will be waived, severed and terminated. The Members termination of ExtravaGift Membership will result in the loss of any un-redeemed ExtravaGift Vouchers or ExtravaBucks and no re-course may permitted to be brought against ExtravaGift for the monetary amount of such items.

Entire Agreement

The ExtravaGift Terms and Conditions, constitute the entire agreement between you and ExtravaGift.com LLC, govern Member’s use of the service superseding any prior agreements between you and ExtravaGift.com LLC. Members shall also may be subject to additional terms and conditions that may apply when you use or purchase certain other ExtravaGift.com LLC affiliate services. If any term or other provision hereof is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in part by reason of any applicable law or public policy, such terms or other provision will remain in full force and effect to the fullest extent permitted by law, the parties agree the courts may seek to enforce the intention of the parties indicated by these Terms and Conditions and all other terms and provisions hereof will remain in full force and effect in their entirety.

Waiver of Terms and Conditions

The failure of ExtravaGift to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

Non-Transferability

ExtravaGift Members agree that their ExtravaGift Membership is non-transferable and any rights to your ExtravaGift.com Member account and Membership Information terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated.

Statute of Limitations

Members agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ExtravaGift service or the ExtravaGift Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever non petitionable.

Governing Law & Jurisdiction

This site is controlled by ExtravaGift.com LLC and governed by the laws of the State of New York. These Terms and Conditions, and any other document hereto and any agreement instigated pursuant to them shall be construed in accordance with and governed by the laws of the State of New York.

In the case of any action being brought against ExtravaGift.com LLC, or an action instigated pursuant to an agreement in reliance on the materials and information derived from ExtravaGift or these Terms and Conditions or any related information on the ExtravaGift website such actions initiated within the State of New York.

The section titles in the ExtravaGift Terms and Conditions are for convenience only and have no legal or contractual effect.

We reserve the right to make changes to this site and these disclaimers, terms, and conditions at any time without prior notice.

EXTRAVAGIFT DATA PROTECTION RULE

Privacy Policy

The following data protection rules indicate how ExtravaGift collects, retains, uses and manages all Member Information and any other personal data that may not be publicly available. It is ExtravaGift’s intention to respect Members privacy by utilising Member Information only in a responsible manner. These policies do not relate and are not binding upon any Affiliate companies or third party companies outside the control or ownership of ExtravaGift.com LLC.

Collation of Data

ExtravaGift will hold all information entered though its web interface and through conversations held with the ExtravaGift Customer Support staff. When Members register, Member Information (which includes but is not limited to) Members’ name, email addresses, addresses, date of birth, gender, zip code, occupation, industry, personal interests, member indicated gift recipients and any such third party personal information shall be collated and used by utilised by ExtravaGift. ExtravaGift will collect information about your transactions and historic purchases with ExtravaGift or with any other business partner, including information about your use of our service and that of our affiliates. ExtravaGift shall automatically record any information received, including for the avoidance of doubt, IP addresses, ExtravaGift cookie information and page requests. ExtravaGift will use any such information in general to fulfil your requests for product and services, contact you, conduct research and to produce generic (anonymous) statistical analysis of browsing/purchases habits for internal and external use.

Cookies

ExtravaGift.com collects information about your computer and assigns a "cookie". Cookie information is collected automatically as a means of supporting your visit to the ExtravaGift site. It is possible to not receive a cookie file by enabling your Web browser to refuse cookies or prompt you before accepting a cookie.

Distribution of Data

As part of use of the ExtravaGift service, it will be necessary to pass on personal Member Information to Affiliates in order to complete the provision of the ExtravaGift service. Members consent to the distribution of the Membership Information to Affiliates to enable ExtravaGift to procure the provision of the services of the Affiliates and for the purposes of identification. ExtravaGift is not liable for the manner or use by any Affiliate of Member Information distributed to them for the purposes of the provision of an Affiliate service.

ExtravaGift reserves the right to send Members administrative announcements, newsletters and any other such information it deems necessary, without offering you the opportunity to opt-out of receiving such items.

ExtravaGift may provide, at its own discretion, information to trusted partners, who work on behalf or with ExtravaGift. Such trusted partners may utilise Member Information or any such information to enable ExtravaGift to communicate with Members about offers from ExtravaGift or any other trusted partner.

ExtravaGift will react to subpoenas, court orders or legal processes to establish or protect its legal rights or defend any such claim. ExtravaGift will share Member information in order to defend such claims or take action regarding illegal activities or investigate or determine suspected fraud or a breach of ExtravaGift’s Terms and Conditions or any other illegal activities or as otherwise required by law.

Please note ExtravaGift may transfer information if ExtravaGift.com LLC is acquired or merged with another entity.

Data Analysis

Member trends and data will be monitored to conduct generic member analysis for marketing and strategic management purposes.

Security

ExtravaGift has installed vigorous security safeguards to protect Member Information, these include but are not limited to Password Encryption, Secured Socked Layer in relation to payment information, secured storage and limitation of employee and contractor access to information.

Please note, no data transmission over the internet or any information storage technology can be 100% secure.

Access to Member Information

Members can access and edit their Member Information as necessary through the ExtravaGift website or through the customer support number.

Change to ExtravaGift Data Protection Rules

ExtravaGift may update its ExtravaGift Data Protection Rules from time to time. ExtravaGift may give notice to its members (but is not required to) by email delivery of the amended Data Protection Rules sent to Members’ email addresses or posting on the ExtravaGift website.

Contact Information

Client Services

ExtravaGift.com LLC

Suite 17H

One Union Square

Manhattan

NY 10003