Updated February 6, 2021
- The website luxgive.com and any other microsites owned by us together with our mobile applications (referred to collectively as “the Site”) allow our users to utilize unique luxury travel experiences with certain additional services and features.
- The Site is owned and operated by LuxGive LLC (“we” or “us”).
- These terms will apply to everyone who simply views the Site (“you”). These terms do not contain the rules and terms which may apply to the hire or use of experiences or accommodation.
- Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
- Registration with the Site is currently free, however we reserve the right to levy registration fees in the future. In order to become a registered user you will have to provide some basic personal information. Certain services and functionality will only be available to registered users or registered members.
- You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
- You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
- You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site.
Use and Abuse of the Site
- You must be 18 or over to use the Site.
- We also reserve the right at our discretion to terminate your registration or membership and restrict your access to our services at any time for any reason.
- We grant you a limited license to access and make use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
- In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.
Advertising and Commercial Use
- Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
- You are not entitled to resell or commercially exploit the Site’s contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, email addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
- We will operate the Site with the reasonable skill and care of an online service provider. All other warranties and representations are, to the fullest extent permissible by law, excluded.
- You expressly acknowledge that use of the Site is at your sole risk. Neither we nor our parent or affiliated companies nor any of our respective employees, agents, third party content providers or licensors (collectively the “luxgive parties”) warrant that the Site will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, service, booking or merchandise provided through the Site. The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that the LuxGive parties are not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
- In no event will we, the LuxGive parties, or any person or entity involved in creating, producing or distributing the Site be liable for any indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Site. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
- In addition to the terms set forth above neither we nor the LuxGive parties shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Site, including, without limitation, pricing or availability information, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages and the aggregate, total liability of the luxgive parties to you or any end user for all damages, injury, losses and causes of action (whether in contract, tort or otherwise) arising from or relating to this agreement or the use of or inability to use the Site shall be limited to proven direct damages in an amount not to exceed one hundred dollars ($100).
- Some jurisdictions do not allow the limitation or exclusion of certain liability or warranties so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
- From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.
- We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
- Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
Cancellation and Termination
- On receipt of an email by you to us canceling your registration, then we will terminate your registration.
- We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms.
- All of the information contained in your profile may be lost for good once your membership or registration has been terminated (for whatever reason) and we will not be liable to you for any loss of information. However we do not guarantee that any information posted by you will be deleted from the Site on termination of your registration or membership.
- We request that all information included in your registration or member profile is accurate, current and complete, including email address and phone number.
- Notices will be sent to you and will be sent to the email address and phone number provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email, phone call and sms (text message) and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
- The Site may include links to other websites or material which are beyond its control. We are not responsible for content on any site outside the Site unless it is owned by us.
- The format and content of this Site is protected by US and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
- By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
- We do not screen user-generated content or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
- If you become aware of any content on the site which is defamatory, offensive or infringes your intellectual property rights please notify us as soon as possible by sending an email to [email protected] specifying the location of the content and why you believe it is infringing your rights and we will remove the content from the Site if we reasonably believe that the content is, or may be, infringing or offensive.
- This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
- These conditions are governed by and construed in accordance with the laws of the United States. You agree, as we do, to submit to the exclusive jurisdiction of the American courts.
- If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.
California Civil Code Section 1789.3 Compliance
- Californians have rights to the following information pursuant to California Civil Code Section 1789. We are located in Atlanta, Georgia, USA. Currently there are no charges to the consumer for use of the Site, other than the cost of any services purchased thereon and any applicable taxes, shipping fees, and other charges associated with such purchases.