The Terms and Conditions stated herein constitute a legal agreement between You and ukraineconcierge.com, rights of which belong to Private Enterprenuer Raievska Yevheniia (“We”, “Us”) that applies to your use of the Services.
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your accessing or using the Services in any manner. If You do not agree to be bound by the T&Cs, You should stop using the Services immediately.
We may modify or amend these T&Cs at any time, effective when published on or through the Services. Your continued use of the Services after any such modifications or amendments constitutes your agreement to continue to be bound by these T&Cs as modified or amended.
Account means collectively the personal information, Payment Information and credentials submitted in registering to access and use the Services;
Activities means either individual or group social, sporting, adventure, leisure or travel activities You Request Us to organize, arrange, book or otherwise facilitate;
Application means the digital platform(s) through which You access and use the Services
Concierge Subscription means an optional lifestyle management feature of the Services;
Content means any, without limitation, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being uploaded, stored and accessed via the Services;
Event means a one-off or occasional event such as, but not limited to, music concerts, sports or other competitive matches, festivals, openings, parties or shows;
Request means a request made by You for Us to, without limitation, organize, arrange, book or otherwise facilitate the supply of goods and /or services;
Reservation means a booking for the supply of goods and / or services at a particular time and place, confirmed by the Supplier of the goods or service to Us and confirmed by Us to You;
Services means the services and functionalities We offer to You via the Application, online tools or other medium;
Payment Information means any financial details required to process a Request or Reservation made through the Services. This includes, but is not limited to, credit and / or debit card numbers;
Supplier means a third party vendor responsible for supplying goods and / or services to You;
Our Services are not directed to children under the age of 18 years old. By accessing and using the Services You represent and warrant that You are at least 18 years old. If You reside in a jurisdiction that restricts use of the Services or the ability to enter into agreements because of age, You must abide by such age limits and not use the Services. You agree to immediately notify Us of any change in your eligibility to use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity or change the eligibility requirements for the Services at any time.
COMMUNICATIONS FROM US
By providing Us with your email address(es) and mobile telephone number(s) when You contact us, You are expressly authorizing Us to send You emails and SMS’s relating to the Services. You may receive communications from Us at any time by emailing Us, but You opting out of receiving the communications from Us may materially impact on our ability to provide the Services to You.
CONFIRMATION OF RESERVATIONS AND EVENTS
A Request through the Services is not a Reservation. Requests may be passed electronically directly to Suppliers or may be processed manually by Us. We will endeavor to act upon your request in the shortest time reasonably possible. A Request for a reservation for goods and / or services is not a Reservation until such time You have received a confirmation from Us through the Services. Once confirmed, You agree to honor the Reservation with the Supplier and that the transaction is ultimately between You and the Supplier.
In addition to the terms in this agreement, Event and Activity Reservations may be subject to different and / or additional terms and conditions, including without limitation, with respect to payment, refunds, transferability, cancellations, missed reservations, minimum age requirements and available dietary accommodations. Any different and / or additional terms and conditions applicable to Event and Activity Reservations will be set forth in the listing details for the Event or Activity in the Services, if applicable. Event and Activity Reservations are also subject to any and all terms imposed by the applicable venue operator and / or event promoter of the Event or Activity. Once an Event or Activity Reservation is confirmed, You agree to be bound by any and all terms and conditions applicable to such Event or Activity Reservation. The venue operator and / or event promoter may cancel any Event or Activity. Where Events and Activities are held at outdoor venues, You assume the risk of inclement weather and acknowledge that Events and Activities may be held regardless of weather conditions, as determined by the venue operator and / or event promoter
AMENDMENTS, CANCELLATIONS AND NO-SHOWS
If You would like to amend a Reservation through the Services, We will endeavor to process such amendment subject to the agreement of the Supplier.
A pending Request that has not yet been confirmed may be cancelled at any time without penalty. Each Supplier will have a cancellation policy applicable to a Reservation made with the Supplier. Where possible, We include the Supplier’s cancellation policy, or a link thereto, on the confirmation of the Reservation. If You are unable to honor a Reservation, it is your responsibility to contact the Supplier directly in order to cancel the Reservation in accordance with the Supplier’s cancellation policy. Cancelling less than four (4) hours before the Reservation is considered a late cancellation.
Failure to show up for your Reservation may result in You being charged a No-show fee at the discretion of the Supplier. The numbers of No-shows or Late cancellations are associated to your Account. In order to maintain a high level of service for all our users and Suppliers, Accounts with multiple No-shows or Late cancellations may be suspended. If You believe that a No-show or Late cancellation has been incorrectly associated with your Account, You may dispute it by contacting Us.
When You use the Services to submit a Request You are agreeing to pay for; the goods and / or services, any applicable taxes, surcharges, fees, subsequent adjustments for errors or omissions, gratuities and any applicable fees due to Us if your Request is fulfilled and a confirmation is issued for the Reservation, Event or Activity and You authorize us, through our third party payment processors, to charge your default credit or debit card. You acknowledge that amounts are charged in full with no partial payments, split invoices, gift cards or coupons (except for those issued by Us) permitted. This Agreement does not alter your payment obligations for any outstanding amounts due to Suppliers that is not included in the amount charged by Us.
Except to the extent otherwise required by applicable law, We are not responsible or liable for; any payments authorized through the Services using your credit or debit card information, or for any errors made by our payment processor or by a Supplier related to the amount of your bill.
We reserve the right to correct any errors or mistakes made by a Supplier or our third party payment processor, even if payment has already been requested or charged to your credit or debit. The processing of payments will be subject to the terms, conditions and privacy policies of our third party payment processors, in addition to these T&Cs. The terms of your payment may be affected and determined by agreements between You and your financial institution, credit card issuer or other provider. If we, through our payment processors, do not receive payment from You, You agree to pay upon demand all amounts due to Us and any Supplier You visit through the Services.
You acknowledge and agree that We provide payment facilities only as a convenience and are not a party to your payment transactions performed using the Services.
By using the Services, You acknowledge that You understand and agree that We do not employ, control, recommend, or endorse any Suppliers or make any representations about the quality or legality of the services provided by such Suppliers or your potential experiences with such Suppliers. Although We may choose to intervene or attempt to resolve a dispute, You agree that We have no obligation to do so and that all transactions are ultimately solely between You and the Suppliers.
We are not responsible, and have no liability for, the goods or services that are paid for through the Services. Your contract for the supply of goods or services is made with the relevant Supplier only. Unless expressly provided otherwise, all your rights and remedies are against the Supplier.
We shall have no liability to You for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by You which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival.
We shall not be liable to You by reason of any delay in performing, or any failure to perform, any of the Services, if the delay or failure was due to any cause beyond our reasonable control.
MODIFICATION OF THE SERVICES
We reserve the right, in our sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Services.
conciergeukraine.com alone shall own all rights, title and interests, including all related intellectual property rights, in and to the Services or Application. These T&C’s do not convey to You any rights of ownership in or related to the Services, or any intellectual property rights owned by Us. The conciergeukraine.com name, the logo, and the product names associated with the Application and Services are trademarks of conciergeukraine.com and no right or license is granted to use them.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If You wish to terminate your Account, You may do so by emailing Us. All provisions of these T&Cs shall survive termination, including, without limitation, licenses of Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services or Application. We do not represent or warrant that (a) the use of the Services or Application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the Services or Application will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any goods, services, , information or other material purchased or obtained by You through the Services or Application will meet your requirements or expectations, (e) errors or defects in the Services or Application will be corrected, or (f) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services and Application is provided to You strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Us. We make no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of goods, services obtained by third parties through the use of the Services or Application. You acknowledge and agree that the entire risk arising out of your use of the Services and Application, and any third party goods or services remains solely with You, to the maximum extent permitted by the law.
To the fullest extent allowed by applicable law, You agree to indemnify and hold harmless, conciergeukraine.com, its affiliates, and each of our and their representatives, agents, directors, managers, officers, employees, contractors, suppliers, partners, and shareholders, from and against all liabilities, claims, damages (actual and consequential), losses and expenses (including attorneys’ fees), that arise from or relate to your use, misuse of, or access to, the Services, Content, violation of these T&Cs, or infringement by You, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including without limitation, tort, contract, strict liability, or otherwise) shall conciergeukraine.com or its directors, employees, agents, partners, suppliers or content suppliers be liable to You or any other person with respect to Services (a) for any lost profits, loss of goodwill, data loss, cost of procurement of substitute goods or services, or indirect, special, incidental, punitive, compensatory, or consequential damages of any kind (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination, or (c) related to your use of goods and / or services from our Suppliers or the performance, non-performance, conduct, policies, compliance, non-compliance, acts or omissions of any Supplier in connection with the Services.
You may not assign, delegate or transfer your rights or obligations hereunder without written consent from Us. We may transfer, assign, or delegate this agreement and any of our rights and obligations without consent.
If any term or provision of these T&Cs is held to be unenforceable or invalid, that provision shall be struck or limited, to the minimum extent necessary, and the remaining terms and provisions shall remain in full force and effect and be enforceable to the fullest extent allowed by law.
No agency, partnership, joint venture, or employment is created as a result of these T&Cs and You do not have any authority of any kind to bind conciergeukraine.com in any respect whatsoever.
We may give You notice by means of a general notice on or through the Services, electronic mail to your email address on record for your Account, or by written communication sent by first class mail or pre-paid post to your address on record for your Account. You may give notice to Us at any time by email or by sending a letter, delivered by nationally recognized overnight delivery service or first class postage prepaid mail, to Us.
These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Ukrainian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Ukraine.