|
Mobile terms and Conditions
1. Only persons eighteen (18) years of age or older are eligible to enter the sweepstakes.
2. Your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider.
3. We will not be liable for any delay in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.
4. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us.
5. Any subscription is for 6 months at least. You agree without any ambiguous
manner that you will not require any breach of contract before the end of the 6
month period started from the date of the first payment made by your care. Termination
may apply during this 6 month period only if we do not deliver services we
committed to provide for. The 6 month period is renewed automatically unless you
send an email to info@conciergeriedeluxe.com.
No refund shall be admitted during this 6 month period.
6. If you have any questions, please email us at info@conciergeriedeluxe.com.
1.
Operator, description of Services
IFFISO HNWICC, Inc. hereafter said Conciergerie deLuxe
or "the company" aims at providing conciergerie services delivered by
the company and access to services providing by third parties. Please note that the Service can only be used if you have Wap 2.0 compatible mobile device. Please note that the content items available may vary between the
devices.
2. Use of the Service
In order to use the Service you must:
a. have a mobile communications subscription with a telecommunications carrier or otherwise access to a mobile
communication network for which Conciergerie deLuxe makes the Service available; and
b. if you are not the telecommunications account owner, obtain express permission from the account owner; and
c. pay any service and other possible fees associated with your mobile subscription or access to the mobile communications network or with the downloading of the content (including but not limited to data transfer fees associated with Wireless Application Protocol); and
d. provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device in working order and suitable for use in connection with the Service. If the use of or any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your expense. Any additional features (including but not limited to new services and content) that
increase or enhance the current Service are subject to these Terms unless stated
otherwise expressly.
You
acknowledge and accept that, once you have received your WAP link on the
basis of your request, the link can only be used once to visit and use
services provided on the wap site and complete your download if possible.
Furthermore, as a user of the
Services you are responsible for the following conditions: (i) you have
checked that your mobile device supports Wap 2.0, (ii) your mobile device is switched on, (iii)
you have
sufficient space on your mobile device memory, and (iv) you have a
suitable WAP, SMS, or other required connection. Do not order the Services
if you fail to fulfil the abovementioned conditions (i-iv) or if you are
uncertain about this; because the Services may nevertheless be invoiced.
Prices of the Services are indicated on www.conciergeriedeluxe.com
pages. Payment is executed according to your choice between monthly and annual
payment. Any physical assistance you may solicit from our concierges, will be
charged according to a time spent basis.Any international service may be
subject to charge to clients.
Conciergerie deLuxe may at any time, without prior notification modify or
interrupt, temporarily or permanently, the Service and/or the
conciergeriedeluxe.com website pages as a whole or in part. If Conciergerie deLuxe
modifies or interrupts the Mobile Services or the Conciergerie deLuxe (Mobile) website pages with the result that
Conciergerie deLuxe does
not provide you with a Service that you have ordered, Conciergerie deLuxe will either
not invoice you for that part of the Service that is not provided or will
refund relevant fees for that part of the Service that is not provided.
3. Limited License to the content
Conciergerie deLuxe is intended for personal and non-commercial
use only. You acknowledge and agree that Conciergerie deLuxe, the Services, and
their content are made available as a part of the Service and are owned
solely by Conciergerie deLuxe, its affiliates and/or its licensors, and all content is
protected by national intellectual property rights laws and international
treaties. Conciergerie deLuxe grants to you and you accept a limited, non-exclusive,
non-transferable license to use and or to download and use the content and the Services
on a designated compatible mobile device solely for your own personal and
non-commercial use. You expressly acknowledge that you may not reproduce,
modify, perform, distribute, sell, create derivate works of or otherwise
use or make available the content except as expressly otherwise provided
in these Terms. Furthermore, you may not reproduce, adapt, reverse
engineer, decompile or disassemble downloaded software, except to the
extent expressly permitted by applicable, non-excludable laws.
Please note that Conciergerie deLuxe and its Services may also include
products and services of third parties which Conciergerie deLuxe may make available to
you in accordance with its agreement with those third parties. In relation to such those party products or services,
Conciergerie deLuxe excludes all liability.
4. Privacy
You acknowledge that Conciergerie deLuxe collects and processes personal
information (such as your mobile phone number) in order to operate the
Site. Any such information collected by Conciergerie deLuxe while running the Service
or Website shall be used for the purpose of providing the Service. You
also consent to the disclosure of your personal information to Conciergerie deLuxe's related corporate and service
providers to Conciergerie deLuxe or its related bodies corporate, for the purpose of
assisting with the provision of goods and services. If you do not provide
your personal information to Conciergerie deLuxe, then Conciergerie deLuxe
may not be able to
provide you with the Services. If you have any concerns regarding, or wish
to access, your personal information which we hold, Website content, or
any queries with regard to Conciergerie deLuxe practices you can email us:
info@conciergeriedeluxe.com
mentioning your member ID, your phone number.
5. No Warranty
The Conciergerie deLuxe
website pages, the Services and all content available from there are
provided on "AS IS" basis. Conciergerie deLuxe makes no representations or warranties
of any kind, express or implied, as to the operation or quality of the
pages, the Service, or the information, content, materials, or products
included or available on the pages. You expressly agree that your use of
the Conciergerie deLuxe (Mobile) website pages and the downloading of the Services
mentioned are at
your own sole risk.
Furthermore, Conciergerie deLuxe does not guarantee the
reliability of the routing and storing of each content item of the
Service, which can among other things be subject to interruptions by
mobile operator(s) due to technical failures from the operator, to
radiotelephone interference caused by atmospheric conditions, in wave
propagations, the addressee of the message (you) being outside of the
operator's coverage area, frauds, your SIM card memory being overloaded or
a wrong number being given by you.
Conciergerie deLuxe also does not warrant
and cannot ensure the security of any information which you transmit to Conciergerie deLuxe
and you acknowledge that there is a risk of unauthorised access to
or alteration of your transmissions or data or of information contained on
your mobile device or computer system.
6. Limitation of Liability
You
understand and agree that your use of the Services and the content is
solely at your own risk. In any event you agree that Conciergerie deLuxe's liability
for any damages and losses of any kind (including negligence) arising from
the use of the Services or the content shall be limited in total and for
all claims to the amount paid by you for the Services during the six (6)
months preceding the date the damage or loss was incurred, or in the case
of serval claims, the date of the most recent damage or loss. Conciergerie deLuxe
shall
not be liable for messages delivered by mobile operators directly to their
subscribers, nor for the data connection between the handset and the
operator network, nor the online subscription procedure.
7. Indemnification
You agree to
indemnify and hold Conciergerie deLuxe, its parent company, subsidiaries, affiliates,
officers, agents, directors, contractors, licensors and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out
of or in connection with (a) your use of the Service, and (b) any breach
by you of the Terms. You acknowledge and agree that Conciergerie deLuxe is entering
into the Terms as agent for its parent company, subsidiaries, affiliates,
officers, agents, directors, contractors, licensors and other partners and
employees solely for the purpose of allowing them to take the benefit of
this indemnity.
8. Your Other
Rights
Please note that clauses 5, 6 and 7, and the Terms
generally, operate only to the maximum extent permitted by applicable law,
including consumer protection legislation. You are entitled to rely on any
consumer or other rights which this Agreement cannot exclude. The consumer
affairs department or organisation in your area can inform you of these
rights.
9. Customer Support
In case you have any difficulties, complaints or queries
relating to the use of the Service, you can reach end users support by
email at info@conciergeriedeluxe.com
10. General
These Terms shall be
governed by and construed in accordance with the laws of New York and the
parties hereby irrevocably agree that the New York Courts shall have
exclusive jurisdiction to determine any matter or dispute in connection
with or arising out of the Services and these Terms.
Conciergerie deLuxe's
failure to exercise or enforce any right or provision of these Terms does
not constitute a waiver of such right or provision. If any provision of
the Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavour to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.
Conciergerie deLuxe
reserves the right, at any time, and from time to time, to modify these
Terms, and you agree to be bound by such modifications. Changes to the
Terms shall be effective immediately upon providing you with notice, which
notice may be given by any means, including without limitation, by posting
the change on the Conciergerie deLuxe website pages. You agree to regularly
review the Terms on the pages. Your use of Conciergerie deLuxe following the
posting of any change shall constitute your agreement to comply with and
be bound by the modified Terms. If at any time the modified Terms are no
longer acceptable to you, you should not use Conciergerie deLuxe and its
Services. |