These Terms and Conditions (the “Terms”) constitute a binding legal agreement between you (the “Client” or “User”) and Platinum Express Business & Lifestyle Services (the “Company”), a sole proprietorship carrying on business in the Province of British Columbia, governing your access to and use of the website located at platinumexpresslifestyle.com (the “Site”) and the engagement of any services offered by the Company (the “Services”). By accessing the Site or engaging the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
1. Definitions
“Booking” means a confirmed engagement of the Services evidenced by written acceptance of a quotation or completed intake form. “Service Area” means southern Vancouver Island, including the Greater Victoria region and the Westshore. “Fees” means the rates, surcharges, mileage allowances and disbursements applicable to the Services as published by the Company or as set forth in a quotation.
2. Nature of Services
The Company provides concierge, personal assistant, virtual assistant, local courier and hot shot transportation, premium pet care and bespoke lifestyle services. The Company does not hold itself out as a licensed veterinarian, financial advisor, legal practitioner, medical practitioner, security guard or commercial freight carrier, and nothing on the Site shall be construed as advice of that nature.
3. Eligibility
The Services are offered exclusively to natural persons of the age of majority in their jurisdiction of residence and to corporate entities duly constituted and in good standing. The Client warrants that all information provided in the course of a Booking is true, accurate and complete.
4. Engagement and Acceptance
A Booking shall be deemed accepted only upon written confirmation issued by the Company. The Company reserves the absolute right, at its sole and unfettered discretion, to decline any Booking, to terminate a Booking already in progress where the safety or reputation of the Company is jeopardised, or to require advance payment as a condition of engagement.
5. Fees, Payment and Late Charges
Fees are payable in Canadian dollars and are exclusive of applicable taxes. Unless otherwise agreed in writing, invoices are due upon receipt. Accounts not paid within fifteen (15) calendar days shall accrue interest at the rate of two percent (2%) per month, compounded monthly, calculated from the original due date until payment in full. Returned payment instruments shall attract an administrative fee of fifty dollars ($50.00).
6. Cancellation
Cancellations communicated in writing not less than twenty-four (24) hours prior to the scheduled commencement of the Services shall be free of charge. Cancellations received within twenty-four (24) hours of the scheduled commencement, or failures by the Client to attend or provide access, shall be invoiced at fifty percent (50%) of the scheduled engagement, save and except for engagements in respect of bespoke luxury picnics or other Services involving perishable goods or third party suppliers, which shall be non-refundable in full once provisioned.
7. Access, Keys and Property
Where the Services require access to a residence, vehicle or other premises, the Client shall provide accurate access instructions and warrants that they are lawfully entitled to authorise such access. The Company shall exercise reasonable care in the handling of keys, alarm codes and access devices and shall return same upon completion of the engagement. The Company shall not be responsible for pre-existing damage, latent defects or items not previously disclosed in writing.
8. Pet Care
The Client warrants that any animal entrusted to the care of the Company is in good health, current with vaccinations, free from contagious illness, and not known to display aggressive or destructive behaviour. The Client authorises the Company to obtain veterinary treatment in the event of an emergency at the Client's sole cost, and indemnifies the Company against any cost, claim or liability arising from the act or omission of the animal.
9. Limitation of Liability
To the maximum extent permitted by law, the aggregate liability of the Company arising out of or in connection with any Booking, whether in contract, tort (including negligence), statute or otherwise, shall be limited to the Fees actually paid by the Client in respect of the particular engagement giving rise to the claim. In no event shall the Company be liable for indirect, incidental, consequential, special, exemplary or punitive damages, loss of profit, loss of opportunity, loss of reputation or loss of data, even if advised of the possibility thereof.
10. Indemnification
The Client shall indemnify, defend and hold harmless the Company, its principals, employees, contractors and agents from and against any and all claims, demands, actions, losses, damages, liabilities, costs and expenses (including reasonable legal fees on a full indemnity basis) arising out of or in connection with any breach of these Terms, misrepresentation by the Client, or the negligence or wilful misconduct of the Client.
11. Confidentiality
The Company undertakes to treat all Client information as strictly confidential and shall not disclose same except as contemplated by the Privacy Policy or as required by law. The Client likewise undertakes not to disclose proprietary methods, pricing structures or operational particulars of the Company to any third party.
12. Intellectual Property
All text, graphics, logos, marks, photographs and software comprising the Site are the exclusive property of the Company or its licensors and are protected by Canadian and international intellectual property law. No portion of the Site may be reproduced, distributed, modified, framed or exploited for commercial purpose without the prior written consent of the Company.
13. Force Majeure
The Company shall not be liable for any failure or delay in performance attributable to causes beyond its reasonable control, including acts of God, severe weather, ferry cancellation, road closure, civil unrest, governmental order, pandemic, fire, flood, labour disruption or failure of telecommunications infrastructure.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia in respect of any dispute arising hereunder.
15. Severability and Entire Agreement
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect. These Terms, together with the Privacy Policy and any written quotation accepted by the Client, constitute the entire agreement between the parties and supersede all prior representations, negotiations and understandings.
16. Amendment
The Company reserves the right to amend these Terms from time to time. The version in force is that bearing the Effective Date above. Continued use of the Site or engagement of the Services following the posting of an amendment shall constitute acceptance thereof.
17. Contact
Notices and inquiries pertaining to these Terms shall be directed to info@platinumexpresslifestyle.com or by telephone at (236) 880-9564.