LEGAL INFORMATION (as of March 2018)

TERMS AND CONDITIONS

This website and mobile applications (together the “Platforms”) are owned and edited by Luxury Lifestyle Agency. (hereinafter referred to as “The Agency" or L.L.A.”) . Email : contact(at)luxurylifestyleagency(dot)com Use of these Platforms by all visitors (“Users”) is subject to the following terms and conditions ("Terms"). L.L.A may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.

Please read these Terms carefully before using the Platforms. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Platforms. Consequently, by using the Platforms, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorized to continue consultation and access of these Platforms.

USE OF MATERIALS ON THE PLATFORMS

L.L.A has created these Platforms to provide information about its company and services for Users' personal use. Users may download one computer copy or print one copy of the material on these Platforms for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright and trademarks are preserved intact and are neither modified, deleted or changed. Unless otherwise stated, Users should assume that everything they see or read on these Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) ("L.L.A's Material") are protected for example by copyright, design and trademark legislation under international treaty provisions and national laws worldwide.

 

USERS' SUBMISSIONS

Any unsolicited communication or material Users transmit to L.L.A via these Platforms or by electronic mail or otherwise, excluding personally identifiable data about themselves, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by L.L.A. By sending communications to L.L.A, Users automatically grant L.L.A a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by L.L.A and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Please note that L.L.A has no liability for unsolicited ideas or proposals for new services. Indeed, it is conceivable that L.L.A may already be working on similar ideas. Consequently, Users are advised that they should refrain from submitting proposals or ideas to L.L.A.

PRIVACY POLICY

L.L.A has established its global Privacy Policy in respect of the confidence its clientele places in it and in conformity with the high standards of data protection to which it is committed. Any personal information you make available to L.L.A is done so voluntarily, with your knowledge and consent when making a request, submission or registration for services from L.L.A. Registration forms may contain both mandatory (indicated with an asterisk (*)) and non-mandatory fields; if you choose not to complete the mandatory fields then L.L.A may not be able to respond to your request. Personal information provided by you on the registration form will be made accessible to duly authorized L.L.A personnel and occasionally to persons or companies who carry out internal operations in relation to our business. All such persons are subject to confidentiality agreements and the respect of your privacy. Any personal information made available by you will be used to provide the requested services and may be used both for marketing research purposes relating to L.L.A's business and to provide information relating to its products and events. Other than as stated above, L.L.A will not use your personal data for unsolicited communications and we do not sell, rent or otherwise make available any personal data submitted to us to any third parties unless it is to our legal advisors or where so required by law or a court decision. L.L.A will use commercially reasonable efforts to ensure that such data is kept secure at all times.

In all cases and on request, L.L.A will remove your personal information from its database thereby cancelling your access to any of the L.L.A services. You are also advised that upon written request you may inspect your personal data and/or request that information about you be corrected, amended or deleted. All requests relating to your personal data as well as any request to cancel your registration for services offered by L.L.A should be e-mailed to contact@luxurylifestyleagency.com

From time to time, LLA may amend this Privacy Policy to reflect updates in applicable laws and regulations. Our database is managed and administered in Switzerland. Our Privacy Policy is governed by and will be construed in accordance with the laws without regard to its conflicts of law provisions. Any differences will be submitted to the exclusive jurisdiction of the competent courts.

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ALL trusts that its Privacy Policy demonstrates its commitment to managing Your personal data in accordance with current legislative obligations in such a way as to fully protect your Privacy.

DISCLAIMER

The information on these Platforms is intended for general information purposes only. L.L.A. tries to ensure that the information provided is accurate and complete. However, L.L.A does not warrant or represent that its Material is accurate, error-free or reliable or that use of L.L.A Services will not infringe rights of third parties. Use of the Platforms is at Users' risk.

L.L.A does not warrant that the functional and/or technical aspects of these Platforms or L.L.A's Material will be error free or that these Platforms, L.L.A's Material or the server that makes it available are free of viruses or other harmful components. If use of these Platforms, or L.L.A's Material results in the need for servicing or replacing property, material, equipment or data, L.L.A is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. L.L.A and its suppliers make no warranties about the L.L.A Material, software text, downloads, graphics, and links, or about results to be obtained from using these Platforms. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.

TRADEMARK NOTICE

In general, all trademarks, logos and service marks (collectively the "Trademarks") which appear on these Platforms are registered and unregistered L.L.A trademarks or are licensed for use by L.L.A by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on these Platforms without the written permission of L.L.A or such third party who owns the trademark. Misuse of any trademark displayed on the these Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

COPYRIGHT NOTICE

All contents of these Platforms are either Copyright ©2016 L.L.A or are licensed for use by L.L.A. 

All rights reserved. Please refer to the section of these Terms on Use of Materials on these Platforms above.

LINKS

Links to other Platforms operated by third parties not affiliated to L.L.A may be indicated on the Platforms. The inclusion of any link to such third party sites does not imply endorsement by L.L.A of those sites. L.L.A has not reviewed all of the sites linked to its Platforms and is not responsible for the content or accuracy of any off-site pages or any other sites linked to these Platforms. Linking to any other off-site pages or third sites is at Users' own risk.

TERMINATION

Users agree that L.L.A may terminate Users' access to and use of the Platforms if L.L.A. reasonably believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of L.L.A or any third party, or for any reason with or without notice to User. Users agree that L.L.A may modify or discontinue these Platforms, with or without notice to them. Users agree that L.L.A will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.

LIMITATION OF LIABILITY

Under no circumstances whatsoever shall L.L.A. be liable for any loss arising out of or in connection with the use of information available from these Platforms whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if L.L.A. has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.

GENERAL PROVISIONS

Unless otherwise specified, the information and materials in the Platforms are presented solely for the purpose of promoting services and eventual products of L.L.A.

L.L.A. makes no representation that L.L.A.'s Material is appropriate or available for use in every country of the world. Users use these Platforms at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to L.L.A.'s Material may not be legal by certain persons or in certain countries. Our services or eventual products are available in many parts of the world. However, these Platforms may describe services or products that are not available worldwide. Any cause of action a User may have with respect to these Platforms must be commenced within two years after the claim or cause of action arises. These Terms will be governed by and construed in accordance with the laws without regard to its conflicts of law provisions. All disputes will be submitted to the exclusive jurisdiction of the relevant competent courts. The waiver by L.L.A. of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.

CHANGES TO THIS PRIVACY POLICY

L.L.A. may from time to time change this Privacy Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Privacy Policy is changed in a material, adverse way, L.L.A. will post a notice advising of such change at the beginning of this Policy or on this site's home page for 30 days. We recommend that you re-visit this Privacy Policy from time to time to learn of any such changes to this Privacy Policy.

 
 

eGIFT CARDS SPECIFIC TERMS AND CONDITIONS


GENERAL USE
These Luxury Lifestyle Agency (LLA) eGift Card Terms and Conditions (“Terms and Conditions”) apply in addition to the General Terms and Conditions set forth on the website, which are expressly incorporated herein. For purposes of these Terms and Conditions, including the arbitration provision set forth below, the term “LLA” shall be interpreted broadly encompass Luxury Lifestyle Agency, club, platforms and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, employees, and agents.

IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND THE AGENCY ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.


USE
eGift cards allow members to offer an individual or a SMB (small and medium business) a prepaid amount in American dollars to reserve high-net worth and lifestyle services. and/or to shop physical gifts. In order for the recipient to use the eGift card, a member registration is required. Registration is free of charge and will be granted to eGift card recipients unless they do not agree to the agency’s terms of services.

Nonreturnable; not for resale.
Notwithstanding anything contained in these Terms and Conditions, LLA eGift Cards (“LLA eGift Cards”) are not returnable or refundable. Resale of LLA eGift Cards is strictly prohibited.

Liability.
The balance on any eGift Card is the liability of third parties eGift card services providers.

Acceptance locations.
Unless other restrictions apply, LLA eGift Cards may be used on-line on our business platforms.

Not for promotional use.
LLA eGift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). If you intend to order more than 750 ecards, please contact us first.

No affiliation with LLA.
Use of LLA’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of LLA eGift Cards is strictly prohibited. Furthermore, the use of LLA eGift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, LLA or any of its subsidiaries or affiliates is prohibited.

Compliance with laws.
By purchasing LLA eGift Cards, you are certifying and representing to LLA that the activities in connection with which the LLA eGift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the LLA eGift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or LLA. In addition, you agree to defend and indemnify LLA and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the LLA eGift Cards or violation of any of these Terms and Conditions.

Lost or Stolen eGift Card.
Lost or stolen cards will not be replaced neither reimbursed. LLA shall have no liability to you for (i) lost or stolen LLA eGift Cards or (ii) use of any LLA eGift Cards by third parties through LLA transactional platforms. You are solely responsible for keeping the password for your account safe and for any activity conducted under your account.

Saving LLA eGift Card Information and Viewing Balance Terms and Conditions
No Consolidation for New LLA eGift Card.
You may not consolidate or combine multiple LLA eGift Cards to purchase a new LLA eGift Card. LLA.com does not consolidate or combine multiple eGift cards into one eGift card per customer requests.

LLA eGift Card Balance is an Estimate.
The balance you see when viewing LLA eGift Card balances online is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online or in stores, but there may be occasions when the updated balance is delayed for a period of time. You can also view the LLA eGift Card’s transaction history to see if all the transactions for the LLA eGift Card are listed.


LLA eGift Cards expire within 180 days.



DISPUTES & ARBITRATION
PLEASE READ THIS SECTION CAREFULLY.
IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  This arbitration provision provides that you and LLA waive any right to file a lawsuit in court or participate in a class action for matters within its terms.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LLA (INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY LLA), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT LLA AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.   DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. 

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location that is reasonably convenient to you.  The arbitrator will follow these Terms and Conditions and his or her award will be final and binding. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER LLA CUSTOMERS, OR OTHER PERSONS.  THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM.  THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY.  THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.  THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.  NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS. 
This arbitration provision shall survive any termination of these Terms and Conditions.  Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.   


APPLICABLE LAW

The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be at the agency’s location at the time of the eventual dispute.
If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.


UPDATES TO EGIFT CARD TERMS & CONDITIONS

These LLA eGift Card Terms and Conditions were last updated on the date set forth above. LLA may update these Terms and Conditions at any time. We recommend that you verify these Terms and Conditions periodically for changes.  In the event of a conflict between these Terms and Conditions and the LLA.com General Terms & Conditions of Business, the general Terms and Conditions will prevail.

 

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