JIFITI.COM Terms and Conditions of Use THESE TERMS AND CONDITIONS OF USE MUST BE READ CAREFULLY BEFORE USING THE JIFITI.COM WEBSITE, THE JIFITI APPLICATION OR ANY OF JIFITI’S RELATED SERVICES (HEREINAFTER COLLECTIVELY REFERRED TO AS “JIFITI PRODUCTS”) IN ANY WAY. Clicking "I Agree" constitutes your agreement to these terms and condition of use, which form a binding legal contract. If you do not agree to these terms of use, click "CANCEL" and do not use JIFITI PRODUCTS or any of its applications and services in any way. Jifiti.com, Inc. reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. These terms and conditions must be checked each time you use JIFITI PRODUCTS. Your continued use of JIFITI PRODUCTS following the posting of changes to these terms will mean you accept those changes.
1. General All content of any kind on JIFITI PRODUCTS including the proprietary JIFITI PRODUCTS Software and Methodologies are protected by international and domestic laws, including copyright-intellectual property laws and treaties. JIFITI PRODUCTS.Com Inc. owns all right, title and interest to the JIFITI PRODUCTS Site, the application, the Software and the methodologies. The term “JIFITI PRODUCTS” is protected by trademarks, designs, copyrights and other rights (registered and unregistered) and may not be used by any person for any purpose whatsoever except under written permission from Jifiti.Com Inc.
2. Title Not Transferred; License; Copying Not Permitted The use of any JIFITI PRODUCTS do not transfer any title or ownership to the JIFITI PRODUCTS, Software and Methodologies. The JIFITI PRODUCTS, Software and Methodologies may not be used for any purpose other than as specifically provided by Jifiti.com, Inc. Use of JIFITI 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 JIFITI PRODUCTS, Software and Methodologies is not permitted. Jifiti.com, Inc. is and remains the sole owner of all right and title in and to the JIFITI PRODUCTS, application and any material on or related to JIFITI PRODUCTS or its operation, including without limitation all intellectual property rights, copyrights, patents, trademarks, designs, whether or not registered or registrable.
4. Prohibited Activities By using JIFITI PRODUCTS, you agree to do so in accordance with all terms and conditions herein and on the JIFITI PRODUCTS, 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 JIFITI PRODUCTS; (b) violate any laws and/or third party rights in connection with JIFITI PRODUCTS or its use; (c) post false, misleading, defamatory, libelous, spam or unlawful content; (d) manipulate JIFITI PRODUCTS’s fee structure and/or billing process; (e) distribute viruses that may harm JIFITI PRODUCTS or its users; (f) use JIFITI PRODUCTS if you are not legally permitted to form legally binding contracts, or are temporarily or indefinitely suspended from using JIFITI 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; interfere with any other user's listings; (j) transfer any account on JIFITI PRODUCTS to another party without JIFITI 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 JIFITI PRODUCTS, or which might in any way harm JIFITI PRODUCTS or its users.
5. No Warranty THE JIFITI PRODUCTS SOFTWARE AND METHODOLOGIES AND ANY CONTENT ON JIFITI 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, JIFITI.COM INC. 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 JIFITI 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 JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES OR ANY LINKS (OR ANY SERVERS CONNECTED WITH THE ABOVE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JIFITI.COM INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE JIFITI 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 JIFITI.COM INC. 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. JIFITI PRODUCTS MAY MAKE ANY ALTERATIONS TO THE JIFITI PRODUCTS SITE, THE DATA, PROGRAMS, SERVICES OR PRICES, AT ANY TIME WITHOUT NOTICE.
6. Fulfillment Once a gift has been purchased, the recipient may receive a virtual gift certificate that may be used in the store where the gift was selected. The rules and guidelines governing these gift certificates are those as decided by the individual retailer and applicable laws. However, Jifiti.com, Inc. does not guarantee that the recipient will necessarily use the gift certificate to buy the specific item listed and purchased. Jifiti.com, Inc. is not liable if a recipient decides to use that gift certificate towards any other item in the store. Jifiti.com, Inc. does not guarantee that selected items in the wish lists will definitely be purchased/gifted. This is left to the sole discretion of the users whether or not they want to purchase and fulfill the gift request. Until the full amount for a particular item hasn’t been reached, the user will not be able to claim the specific gift. Alternatively, when and where possible, the recipient may select to collect the gift from the relevant store, have the gift shipped to a predetermined address, exchange the gift or decline to redeem the gift. In some cases, shipping charges and/or sales taxes will be calculated and charged to the purchaser or the recipient. In the event that the gift in no longer available or cannot be shipped or fulfilled for any other reason, the recipient will receive a physical or virtual gift certificate or another item in exchange for this item chosen.

7. Privacy Policy
8. Retailers and Third-Parties JIFITI PRODUCTS allows users to control the way that their posts appear including, but not limited to, prices, pictures, sizes, location. The user creating the lists and adding items to the list is solely responsible for the accuracy of information on the posting of that list. In the event of any discrepancies, the retailer and/or Jifiti will be the deciding authority. The controlling price of the items posted, including misquotations or price fluctuations, shall be that as determined by the retailer at the time of fulfillment. Pictures of items may differ from the actual product or its description. The user may have listed under the wrong store or at the wrong location an item. Items on the list may be out of stock at the time of actual redemption. Jifiti.com, Inc. is not responsible for verifying the accuracy of each posting. The JIFITI 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. Jifiti.Com Inc. has no responsibility whatsoever with regard to the same. Logos and trademarks shown on JIFITI PRODUCTS appear only to assist users and illustrate locations where JIFITI PRODUCTS may be used. The use of the logos that are trademarks or copyrighted work of other companies are never intended to suggest that JIFITI PRODUCTS owns the trademarks or that the owner of the logo is obligated to JIFITI PRODUCTS or its users. Users of the JIFITI 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.
9. Indemnification As a user of the JIFITI PRODUCTS, Software or Methodologies you agree to indemnify, defend, and hold Jifiti.Com Inc., its 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 JIFITI.COM INC. 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 JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES EVEN IF JIFITI.COM INC. 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 JIFITI.COM INC.'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY TYPE EXCEED THE AMOUNT PAID FOR USE OF THE JIFITI 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 JIFITI 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 JIFITI 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.
11. Termination Jifiti.Com, Inc. reserves the right, in its sole discretion, to prevent or terminate any person's access to any or all of the JIFITI PRODUCTS, Software or Methodologies, the related services or any portion or any of the above at any time, without notice.
12. Use of Information Jifiti.Com Inc. and the third-parties which are affiliated with JIFITI PRODUCTS may use information provided by JIFITI 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. Jifiti.Com Inc. and/or any retailer affiliated with the JIFITI PRODUCTS, Software or Methodologies may require that a dispute between any person and Jifiti.Com Inc. 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 Jifiti.Com Inc. 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 Jifiti.Com Inc. relating to the subject matter herein and shall not be modified except in writing, signed by both parties. Annex - Open source license This software uses the open source ZBar Barcode Reader library, version 1.2, which is available from http://zbar.sourceforge.net/iphone This software uses the open source SFHFKeychainUtils library, which is available from https://github.com/ldandersen/scifihifi- iphone/tree/master/security This software uses the open source NKBarcode library, which is available from http://code.google.com/p/cocoa-touch- barcodes/source/browse/trunk/CocoaTouchBarcodes/NKDBarcode.h?r=2 This software uses the open source iCarousel library, which is available from https://github.com/nicklockwood/icarousel THE SOFTWARE IS 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 NONINFRINGEMENT. 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.

Credit Card Terms and Conditions:

By opting to crowd fund or make an increment payment through this Gift Registry, you as the purchaser are remitting funds to obtain an EGift Card for Gift Registry Owner(s)/Recipients(s) that shall be eligible for redemption for a travel experience purchased through Flight Centre Travel Group (USA) Inc d/b/a Liberty Travel (“Liberty Travel”). Liberty Travel accepts payments via Visa, Mastercard, Discover and American Express. Payments made towards this Gift Registry’s EGift Card are not redeemable for cash, nor can they be returned for a cash refund. All transactions made towards a Gift Registry’s EGift Card amount are non-refundable to the purchaser. Should any event associated with a Gift Registry be cancelled, Liberty Travel shall not be held liable for any returns or refunds for a crowd funded Gift Registry; instead the Gift Registry Owner(s)/Recipient(s) shall be solely responsible.

Liberty Travel Privacy Policy:

This Privacy and Security Policy ("Policy") explains how your personal information will be treated by FC USA Inc dba Liberty Travel or any of our affiliates ("we" "our" or "us"). We are firmly committed to protecting the privacy and confidentiality of personal information and we maintain robust physical, electronic and procedural safeguards to protect personal information in our care. We reserve the right to amend this Policy at any time. Your continued use of our services or those on www.libertytravel.com ("Website") following such modification will be conclusively deemed acceptance by you of any changes to this Policy. The term "Third Party" used in this Policy means any entity other than us.

Collection of personal information from site users of our Website

Where practical we will collect personal information directly from you. Generally this will be collected by us when you deal with us either in person, by telephone, letter, facsimile, email or when you visit our Website. Without limitation, we may collect your personal information as follows:

A) We collect and/or track (1) the home server domain names, e-mail addresses, IP addresses, type of computer, and type of web browser of visitors to the Website, (2) the e-mail addresses of visitors that communicate with us or the Website via e-mail, (3) information knowingly provided by the visitor in online forms (including travel preferences, such as seat selection, meal requests, frequent flyer/hotel/car rental program information, and ticketing options), registration forms, surveys, and contest entries (including name, address, e-mail and other personal profile data), (4) aggregate and user-specific information regarding page views and other online activities, and (5) other information gathered through our weblogs or other interactive forums. You can choose not to provide information to us, but in general some information about you is required in order for you to utilize the Website and/or to purchase products or services; complete a traveler profile; participate in a survey, contest, or sweepstakes; or initiate other transactions on the Website. When you make travel or other arrangements for someone else through the Website, we will request personal information and travel preferences about that individual. You should obtain the consent of other individuals prior to providing us with their personal information and travel preferences.

B) Cookies Information: We may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us learn about your behavior and usage patterns when you are on our Service. A cookie may also convey anonymous information about how you browse a partner website to us. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.

C) When a visitor performs a search within the Website, we may record information identifying the visitor or linking the visitor to the search performed. We may also record limited information associated with every search request made by the visitor and use that information to, among other things, solve technical problems with the service and to calculate overall usage statistics. We are required by law to obtain your consent to the collection of sensitive information. We will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Policy, unless you tell us otherwise.

Use of personal information collected

We will only collect personal information that is relevant for the purposes for which it is to be used. We will take reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current. We may use personally identifiable information in a number of ways, such as:
A) To communicate with you about your account, or to communicate information about the Website.
B) To build higher quality, more useful services such as by analyzing usage trends, and by measuring demographics and interests regarding specific areas of the Website.
C) To provide you with prompt and effective customer service.
D) To support the operation of the Website (such as account maintenance and record keeping), troubleshoot problems, resolve disputes, and to enforce our terms and conditions.
E) To inform you about our services.
F) Ancillary purpose such as any one or more of the following purposes:

• Identification of fraud or error;
• Regulatory reporting and compliance;
• Developing, improving and marketing our products and services;
• Servicing our relationship with you by, among other things, providing updates on promotions and services we think may interest you;
• Involving you in market research gauging customer satisfaction and seeking feedback regarding our relationship with you;
• To facilitate your participation in loyalty programs;
• To analyze trends in sales and travel destinations;
• For marketing activities; and
• Internal accounting and administration.

Disclosure of personal information to Third Parties

We may disclose personally identifiable information about you to Third Parties as follows:

A) With your consent.
B) To facilitate a transaction or communication with a Third Party that you have initiated.
C) To our agents and advisors (such as our accountants or attorneys). We only disclose the personal information necessary for them to provide their services to you or to us, and only under strict confidentiality restrictions.
D) As we believe necessary to: (1) comply with law (including court and government orders, and civil subpoenas); (2) enforce or apply our terms and conditions and rules and regulations and other agreements; or (3) protect the rights, property, or safety of our users, or others.
E) If you partake (or we reasonably suspect that you are partaking) in any illegal or potentially illegal activity. We may disclose personal information even without a subpoena, warrant, or other court order, to the extent we feel is necessary to inform and cooperate with law enforcement agencies or other appropriate authorities.
F) In aggregated form, i.e., information about multiple users collectively without identifying any individual user, such as the total number of visitors to the Website in a given week.
G) Due to circumstances beyond our control. We shall take reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the personal information from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Despite the precautions we take to protect your personal information, the unfortunate fact is that there is simply no such thing as a perfect security system. Also, we have no control over the security of the internet in general. As a result, we cannot guarantee that unauthorized persons will never gain access to your transmissions or information, or that personal information will never be disclosed in ways not covered by this Policy.
H) In connection with a transfer, reorganization or otherwise, to a successor-in-interest to our organization or its other material assets. When a Third Party acts as our agent, we will ensure that the Third Party is willing to enter into a written agreement requiring the Third Party to provide at least the same level of privacy protection as is required by the relevant principles.

Trans-Border data flows

In providing our services to you it may be necessary for us to forward personal information to relevant overseas Third Party service providers or our affiliates, licensees overseas. Please let us know if you have any objections to such transfers.

Security of information

We have implemented appropriate physical, electronic and managerial security procedures in order to protect personal information from loss, misuse, alteration or destruction. We uses advanced technology to ensure security on all data transmitted via the Website. Secure Sockets Layer (SSL) technology is used to transmit all data between browsers and our web server where applicable.

Opt-out

Visitors may opt-out of having their personal information collected or used by us for secondary purposes, or used by us to send promotional correspondence to the visitor, by us via email at: LibertyNewsletter@libertytravel.com To the extent you choose to continue using the Website, however, we may use your personal information as may be reasonably necessary in connection with such use. For sensitive information (other than for the sensitive information to be used purpose for which it was provided), we will give you affirmative or explicit (opt in) choice if the information is to be disclosed to a Third Party or used for a purpose other than those for which it was originally collected or subsequently authorized.

Third Party sites and cookies

Our partners, affiliates, and service providers use cookies to: (a) monitor the effectiveness of our website and the offerings of our partners; (b) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (c) and allow our business partners to deliver advertisements to you as described below.

Access to and ability to correct personal information

Upon request via postal mail or e-mail, we will, within a reasonable time period, provide to visitors a summary of any personally identifiable information retained by us regarding the visitor, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. Visitors may modify, correct, change or update personally identifiable information that we have collected through the Website or may cause their personal record to be removed from our database, except where the burden or expense of providing these services would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated, by contacting us via postal mail or e-mail indicated below.

Feedback and complaints

We welcome your inquiries or comments about our Policy. Should you have any comments or complaints please contact us at FeedbackLiberty@libertytravel.com. We will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information in accordance with this Policy.

Ads

We use Remarketing with Google Analytics to advertise online. In connection with this advertising, we, along with third-party business partners, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to allow our third-party business partners, including Google, ad servers, and ad networks, to serve you advertisements (“ads”) based on your prior visits to our Service. These ads are delivered to you on third-party websites and services across the Internet. These third-party business partners use technology to send, directly to your browser or mobile device, the ads and ad links that appear on third-party sites, and will automatically receive your IP address when they do so. Along with cookies, they may also use other technologies (such as JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service, and to measure the effectiveness of their ads and to optimize and personalize the advertising content. Liberty Travel does not sell, rent, or share the information we collect directly from you or about you from third parties with these third-party business partners for such parties’ own marketing purposes. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines, Policies, and Restrictions.

Policy Amended 20 May 2014