Terms, Conditions and Privacy of Use
Your continued use of JIFITI PRODUCTS following the posting of changes to these terms will mean you accept those changes.
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 Jifi.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; (i) 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.
Once a gift has been purchased, the recipient may receive a virtual gift certificate that may be used in the store or the recipient may receive the ability to choose between that virtual gift certificate or virtual gift certificates of other brands. Virtual products are typically available within one business day (via virtual gift certificate) unless otherwise requested. 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 have the gift shipped to a predetermined address. In this case, shipping charges will be calculated and charged to the purchaser. In the event that the gift is no longer available or cannot be shipped for any other reason, the recipient will receive a virtual gift certificate.
You may not return or cancel your virtual gift certificate after it is received.
Where a choice of gift certificates is immediately offered to the recipient, this choice will remain available for a 30 day period. After 30 days, for security purposes and stockout concerns, the gift will be replaced with General Store Credit. General Store Credit can be used to purchase any gift card or item available through the Jifiti facilitated experience at that exact price point including the full range of variable denomination gift cards. General Store Credit expires 90 days from issuance. Jifiti’s policy is to reactivate expired store credit on request submitted by the recipient.
Jifiti is not liable for gift cards that have been canceled or depleted due to retailer bankruptcy or closing. Once a gift card has been issued to a recipient, any gift card related issues are directly between the recipient and the retailer and Jifiti.com no longer has responsibility for these matters.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. You are responsible for safeguarding your Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Jifiti is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
By using a Gift Card purchased or received through Jifiti.com you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Jifiti.com, its partners, or its customers. We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained or used fraudulently, unlawfully, or otherwise in violation of these terms and conditions
This policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and applications and website and application owners, Jifiti.com Inc. Furthermore, the way our business processes, stores and protects user data and information will also be detailed within this policy.
The website and applications
Jifiti.com take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their use of its services. In addition to US laws the website and applications comply with all UK national laws and requirements for user privacy.
What are cookies?
Cookies are small files saved to the user’s computer’s hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
We use anonymous session cookies (short-term cookies that disappear when you close your browser) to help you navigate the website and make the most of the features. If you log into the website, application or a course as a registered user, your session cookie will also contain your user ID so that we can check which services you are allowed to access.
Should users wish to deny the use and saving of cookies from this website onto their computer’s hard drive, they should take necessary steps within their web browser’s security settings to block all cookies from this website and its external serving vendors.
Whilst using our website, software applications or services, you may be required to provide personal information (name, address, email, account details, etc.). We will use this information to administer our website, applications, client databases and marketing material. We will ensure that all personal information supplied is held securely in accordance with the General Data Protection Regulation (EU) 2016/679, as adopted into law of the United Kingdom in the Data Protection Act 2018. Further, by providing telephone, fax and email details, you consent to Jifiti.com contacting you using that method. You have the right at any time to request a copy of the personal information we hold on you. Should you wish to receive a copy of this, or would like to be removed from our database, please contact us at email@example.com
Information collection and use
How do we collect information?
Jifiti.com collects information in two possible ways:
- When you directly give it to us (“Directly Provided Data”)
When you sign up for our site or applications (or cobranded sites or applications that we host and administer for third parties), purchase our products or communicate with us, you may choose to voluntarily give us certain information – for example, by filling in text boxes or completing registration forms. All this information requires a direct action by you at that time in order for us to receive it.
- When you give us permission to obtain from other accounts (“User Authorised Data”)
Depending on your settings or the privacy policies for other online services, you may give us permission to obtain information from your account with those other services. For example, this can be via social media or by choosing to send us your location data when accessing our website from your smartphone.
How long do we keep your data for?
Jifiti.com will not retain your personal information longer than necessary. We will hold onto the information you provide either while your account is in existence, or as needed to be able to provide the Services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related reporting and trend analysis only.
If legally required or if it is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Terms and Conditions, we may also retain some of your information for a limited period of time as required, even after you have closed your account or it is no longer needed to provide the Services to you.
Jifiti.com will not sell or rent your personally identifiable information, gathered as a result of filling out the site registration form, to anyone.
Choosing how we use your data
We understand that you trust us with your personal information and we are committed to ensuring you can manage the privacy and security of your personal information yourself.
With respect to the information relating to you that ends up in our possession, and recognising that it is your choice to provide us with your personally identifiable information, we commit to giving you the ability to do all of the following:
- You can verify the details you have submitted to Jifiti.com by contacting our customer services team firstname.lastname@example.org . Our security procedures mean that we may request proof of identity before we reveal information, including your e-mail address and possibly your address.
- You can also contact us by the same method to change, correct, or delete your personal information controlled by Jifiti.com regarding your profile at any time. Please note though that, if you have shared any information with others through social media channels, that information may remain visible, even if your account is deleted.
- You are also free to close your account through our account settings. If you do so, your account will be deactivated. However, we may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).
- You can always feel free to update us on your details at any point by contacting email@example.com
- You can unsubscribe from receiving marketing emails from us by clicking the “unsubscribe” link at the bottom of any email. Once you do this, you will no longer receive any emails from us.
- You can request a readable copy of the personal data we hold on you at any time. To do this, please contact us at firstname.lastname@example.org.
Please note, we are constantly reviewing how we process and protect data. Therefore, changes to our policy may occur at any time. We will endeavour to publicise any changes.
8. Retailers and Third-Parties
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.
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.
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.