TERMS AND CONDITIONS
In these conditions: “Concierge” refers to our Company, Luxury Romance Concierge. “Client” is the person, firm, company or organization for whom Luxury Romance Concierge has agreed to provide the Services in accordance with these conditions; “Contract” the Contract for the provision of Services which shall be governed by these conditions; “Services” means the Services to be provided by Luxury Romance Concierge to or for the Client; “Charge” means the Charge payable by the Client to Luxury Romance Concierge as notified by Luxury Romance Concierge from time to time.
These Conditions apply to all services ordered from or provided to you by Luxury Romance Concierge and by requesting services you agree that these conditions shall apply to those services and your order. In these Conditions, the following rules apply:
Concierge’s normal hours are 9:00 a.m. to 7:00 p.m. Monday through Saturday. Where Concierge is required to provide Services outside these hours Concierge shall be entitled to Charge for its Services at a higher hourly rate, as the same shall be notified to the Client in writing. Outside normal hours, the Client may reach Concierge by telephone, texting, fax or email. Concierge will respond to all messages left by the Client as soon as possible.
Concierge services are available only to, and may only be used by, individuals who are twenty-one (21) years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least twenty-one (21) years old and that all registration information you submit is accurate and truthful.
SUPPLY OF SERVICES
Concierge develops, arranges and schedules date night packages using selected unaffiliated, third-party vendors to fulfill the activities included in each particular Package. Client understands and acknowledges that the information listed on this website related to each Date Night Package, including descriptions and images are for informational purposes only, and are not meant as complete or accurate representations of the Date Night Packages. If you have any questions regarding any particular Date Night Package, please contact us for clarification. The service permits the Client to request from Concierge any information or suggestions in relation to any personal needs of the Client, including events, activities, venues, goods, and Services. Concierge reserves the right to refuse to supply Services if, in the opinion of Concierge, the Services are to be used by the Client for any immoral or unlawful purpose. Each additional vendor used in connection with the Date Night Packages employ their own rules, conditions, waivers and other obligations. Client hereby agrees to abide by such rules, conditions, waivers and other obligations of these vendors.
VENDORS AND SUPPLIERS
All additional products and services are ordered directly through Concierge. Concierge shall have no liability or be responsible in any way whatsoever in the services provided by the outside Vendors or Suppliers. The Client further acknowledges that for goods purchased on his or her behalf by Concierge directly from a Vendor or Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. Concierge acts as an agent for the Vendors and Supplier and unless expressly provided otherwise, all your rights and remedies are against the Supplier. Client acknowledges that any contract entered into by you with any Supplier is an independent contract. Client understands and acknowledges that the vendor has complete oversight over your person and property throughout your participation in any activity coordinated by such vendor and as such release Concierge from all liability related to activities that are wholly under such vendor’s control. Concierge will not be held accountable should the product or service a Client is purchasing does not meet the expectations you had in mind. Concierge will provide you with all refund and exchange policies with the service providers you intend for us to make purchases on your behalf, PRIOR to asking that we make any purchases for you. We will not be held accountable, liable or responsible in any way for purchases on your behalf that are lost during shipping, tickets arriving late, goods damaged in the mail, etc.
SCHEDULING AND CANCELATION
You must schedule your Date Night Package with Concierge and must not contact the vendor directly for such purpose. We will send an electronic confirmation of the reservation date and time for your scheduled Date Night in each instance. If circumstances on the scheduled Date Night that might affect the fulfillment of your package, such as bad weather conditions, you must confirm the scheduled Date Night Package with the Concierge; in the event the Date Night Package needs to be rescheduled as a result of such day-of conditions, you must contact the Concierge to reschedule and will not engage the vendor in such discussions. If you missed your scheduled Date Night for any reason, and you have not already undertaken to reschedule the Date Night with the Concierge, in accordance with these Terms and Conditions, the Date Night will be considered forfeited and all payments you have made in connection with such package shall be surrendered.
The Company does not offer refunds once payment has been received.
Subject to any special terms agreed, the Client shall pay Concierge the Charge and any additional sums agreed between Concierge and the Client for the provision of the Services. Concierge shall be entitled to vary the Charge from time to time on written notice to the Client. Concierge shall be entitled to invoice the Client immediately upon receipt of written acceptance of these conditions. All payments made to Concierge via Credit Card Transactions are liable to a 3% handling charge. This handling charge of 3% is added to the total sum owed to Concierge by the Client. The Charge shall be paid by the Client upon signing of the contract for Date Night planning services (without any set off, counterclaim or other deduction). If the Client adds additional items to their date night then the initial payment becomes the deposit and a final invoice will be due five (5) days prior to their scheduled date night. A late payment penalty of 5% of the remaining invoiced charge will be payable to Concierge.
All services must be paid in advance by personal check, money order or credit card. We accept Visa, MasterCard and American Express. Any rates listed by Concierge, are for services rendered and do not include charges for third party vendors.
Client will be charged an hourly rate for additional errands or services. Client agrees to pay Concierge for its services at a rate of $35 per hour plus transportation costs invoiced in increments of ten (10) minutes. Mileage over 10 miles is billable at $.55 per mile. (Mileage rates are subject to change based upon the IRS designated compensation rate.) Areas of service include the greater Dallas area and include the communities of Fort Worth, Arlington, Plano, Irving, Denton, and Richardson.
CODE OF CONDUCT
By purchasing a Date Night Package, you agree that you will conduct yourself in an appropriate manner. You agree that you will not engage in activity or behavior that is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them. The Client shall immediately inform Concierge of the identity of any third party with whom the Client enters into a Contract or arrangement for sale of goods or supply of Services which result in the provision of Services by Concierge and the Concierge shall be entitled to decline to provide such Services to such party without providing any reason. Concierge cannot assure that other participants are or will be complying with the foregoing Code of Conduct or any other provisions of these Terms and Conditions, and Client hereby assume all risk of harm or injury resulting from any such lack of compliance.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE CONCIERGE DOES NOT MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE COMPANY’S SERVICES. IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, OR OTHER LEGAL OR EQUITABLE THEORY FOR:
- ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES;
- THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR
- FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE CONCIERGE UNDER THIS AGREEMENT.
- ANY LOSS OF PROFITS
- LOST OF DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE.
- INABILITY TO USE THE SERVICE.
THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. RECOMMENDATIONS OF THIRD PARTY VENDORS ARE AT YOUR OWN RISK AND CONCIERGE SHALL NOT BE HELD RESPONSIBLE FOR ANY DISSATISFACTION FROM ANY SERVICE OR MERCHANDISE. CONCIERGE SHALL HAVE NO LIABILITY TO THE CLIENT FOR ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION ARISING FROM REQUESTS SUPPLIED BY THE CLIENT WHICH ARE INCOMPLETE, INCORRECT OR INACCURATE OR ARISING FROM THEIR LATE ARRIVAL OR NON-ARRIVAL, OR ANY OTHER FAULT OF THE CLIENT. CONCIERGE’S MAXIMUM LIABILITY FOR BREACH OF ANY OF ITS OBLIGATIONS HEREUNDER SHALL BE LIMITED TO THE VALUE OF THE CHARGE (PROVIDED THAT THE CHARGE HAS AT SUCH TIME BEEN PAID BY THE CLIENT IN FULL).
Neither the Company nor the vendors shall be liable due to causes beyond the control and without the fault or negligence of such party. Such causes may include but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system.
This Terms and Conditions shall be interpreted under the laws of the State of Texas applicable to contracts entered. These conditions and the Contract to which they relate shall be governed and construed in accordance with the Law and the parties shall submit to the exclusivity jurisdiction of the United States Judicial Courts. No failure or delay by Concierge in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by Concierge of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. All other terms and conditions express or implied by a statute or otherwise are excluded to the fullest extents permitted by Law.
A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. Unless the parties have a written agreement signed by each of them that governs the relationship between the parties, this Terms and Conditions constitute the entire understanding of the parties concerning the subject matter hereof.
If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected. If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
You agree to indemnify, defend and hold the Company and employees harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of any content or information you submit, post, transmit, modify or otherwise make available on this website or to third parties with whom you are in contact via this website, including but not limited to any confidential information, your violation of this Terms and Conditions, or your violation of any rights of another.
Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief.
Concierge is committed to honoring your privacy. Concierge works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of your personal information and to prevent any accidental loss to such information. Concierge will only share the information you provide with its employees, agents, processors and third-party payment vendors as necessary to complete the services requested by you. At no time, will the collected information be disclosed to a third party, except for the purpose of completing the client’s financial obligation to Concierge Services. E-mail messages are not secure. If you are concerned about the security of your communication, we encourage you to send your correspondence through the postal service or use the telephone to speak directly to us.
LINKS TO AND FROM THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. We do not monitor the content of other party’s websites which are linked from this website. The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of information to third parties with which you have come into contact via this website.
Concierge holds the right to refuse any business it feels is unsafe and unsuitable for its employees.