TERMS AND CONDITIONS
- AGREEMENT TO TERMS
These Terms and Conditions (the “Agreement“ and/or “Terms“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dear Innovations OU (“Company,” “we,” “us,” or “our“), concerning your access to and use of the Perfect.Live mobile application as well as any other media form, media channel, mobile website or website related, linked, or otherwise connected thereto (collectively, the “App“). We are registered in Estonia and have our registered office at Maakri 30, Tallinn, Harjumaa 10145. You agree that by accessing the App, you have read, understood, and agreed to be bound by the Agreement.
The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the App.
Company provides lifestyle management services via access to the App (“the Services”) upon Your registration and payment of Fees in accordance with the current Terms.
For registration to get access to the Services (the „Access”) You are required to provide correct personal details: full name, mobile telephone number and email address in the sign-up registration form on the website or through the App (the “Waitlist“). Your responsibility to provide accurate information is a continuing obligation and you must notify the Company promptly if any information provided by you changes.
In the event your application has been received You will be invited to have a call with representatives of our Company (the „Concierges”) to clarify your expectations and preferences in relation to the Services, whereupon the Company will offer you a personalized pull of ideas (“Subscription package”).
Your application is subject to acceptance by the Company at its sole discretion, whereas the Company is under no obligation to disclose any reasons for rejecting any applications.
The Company will grant access to the Services as soon as possible following receipt of applicable Fees in accordance with the Subscription package. From time to time and within a limited period of advertising campaigns the Company may grant access to the Services free of charge (the “Free access”). In case You do not wish to continue with the Subscription package during Free access You will no longer have access to the chat with Concierges upon termination of Free access, however all Services purchased by You will stay available for unlimited period in the event calendar of the App.
You are entirely responsible for maintaining the confidentiality of the information you hold for your access to Services, and for all activity that occurs during your access because of your failing to keep this information secure and confidential.
The Services are intended for your personal use, i.e., you may not use the Services on behalf of third parties, unless you have express permission granted by the Company in advance.
You have to notify us immediately at firstname.lastname@example.org in case of any unauthorized use of your Access.
In case we find at our sole discretion that there is a threat that you are engaging in any suspicious activity, you have provided inaccurate or incomplete information during the registration process or thereafter, you have violated the Agreement or it is necessary for security reasons, we may temporarily suspend your Access until the cause for suspending your Access has been eliminated; or if that cannot be eliminated or you refuse or fail to eliminate it, terminate the Agreement and block your Access. You agree that we will not be liable to you or to any third party for termination of your Access and/or the App because of any violation of the Agreement by you.
- FEES, PAYMENT TERMS AND RENEWALS
Access to and use of the Services is conditional on your paying in full the annual fee (the „Annual Subscription fee”) payable on Your registration for Access to the Services and annually thereafter (the „Renewal Date”) and joining fee payable by you to Company upon Registration (the “Joining fee”), together the „Fees”.
The Fees are non-refundable, unless:
- Access to Services is canceled by You in writing at email@example.com until the end of 14 days after the day on which the Access to Services was granted by the Company (“Cancellation Period”). If you cancel your Access to Services within the Cancellation Period, you will be reimbursed for your Annual Subscription Fee, less deductions for the Services we have performed up until you informed us of your decision to cancel.
- The Company reserves the right to cancel or suspend Your Access to Services where it is reasonable to do so and in such a case the Company will refund the balance of the current Annual Subscription Fee on a pro rata basis in respect of the unexpected period to which the Annual Subscription Fee relates.
- The Joining Fee is non-refundable in all circumstances.
You will pay us the Fees prior to each Subscription period as specified in your Subscription Plan. Access to the Services is valid for 12 calendar months from the date when it is granted or renewed (the “Subscription Period“) and will be renewed automatically upon expiry of a Subscription Period unless you contact the Company in written form to request the deletion of your Access, at least 30 days prior to the end of the relevant Subscription Period. In case of renewal of the Subscription period the Annual Subscription fee must be paid prior to renewal.
Our Fees may vary from time to time. If the Annual Subscription fee varies from one Subscription Term to another, we will inform you of the change at least 30 days before the expiry of your Subscription period.
We reserve the right to refuse to renew Access to the Services in our sole discretion and for any reason. We are under no obligation to provide reasons for our acceptance or refusal of any application or renewal. We reserve the right to refuse to provide the Services should any payment due under the Agreement not be received.
We use the third party payment processors Stripe and Checkout to process card payments.
You warrant that you have all necessary authorities to use the payment cards whose details you provide.
- SUPPLY OF SERVICES
The Company will supply the Services to You during the Subscription period in accordance with Your Request placed in the respective chat of the App for the Company to arrange the supply of goods and/or services from a third party on Your behalf (the „Request”). The Company may engage various suppliers on behalf of and as agent for You to provide goods and/or services (the “Supplier”). You acknowledge that the agreement for the supply of services/goods is concluded between You and the Supplier, the Company acts as an agent for the Supplier and, unless expressly provided otherwise, You may resort to legal remedies in case of non-performance in relation to the Supplier.
The services will be provided according to the Request in case in the sole discretion of the Company it does not violate any applicable legal regulations and/or regulations or safety requirements. The Company reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion. If a Request for a specific service is not available, the Company may offer You alternative service or goods with similar description and standard.
The Company will make reasonable endeavors to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
Suppliers are responsible for providing You with the services you Request us to order on your behalf from time to time. The Company will communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly. Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
Restaurants / clubs:
(a) When you use the restaurant booking service You will pay any deposit required by the particular restaurant via the means of payment available on the App.
(b) When you use the restaurant booking service you agree that when you cancel a restaurant booking you are under obligation to cancel the restaurant reservation in accordance with this particular restaurant’s terms and conditions. In case you fail to do so you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
(c) The Company reserves the right to deny restaurant requests from Clients if Clients continuously violate cancellation policies.
(d) Admission of Clients to any club premises is always at the sole discretion of the club Supplier and the Company shall have no liability where a Client is refused admission to a club.
(a) Company may be able to obtain so called best tickets for you in relation to sold out events through one of its ticket agent partners. Please note that by instructing the Company to obtain such tickets on your behalf you are agreeing to purchase tickets above initial value and the total cost may include a service charge to the Company in respect of our provision of services to obtain the seats for you. The Company is not the seller of the tickets and is not responsible for fulfillment of your order. The tickets’ seller (the “Tickets’ seller”) shall have their own terms and conditions and no refunds shall be issued after the purchase of the tickets has been made. The Company shall not be able to provide you with any refund or obtain any such refund on your behalf.
(c) In the event of a show being cancelled directly by the artist and/or its promoter, it may be possible to obtain a refund of the initial value of the relevant tickets in accordance with the terms and conditions of the Tickets’ seller.
(d) the Company or its partner will dispatch your tickets through delivery companies at standard rates, whereas the Company shall not be liable for any failure by delivery companies to deliver your tickets.
If Company’s performance of any of its obligations under the Agreement is non-performed by reason of Your non-performing obligations arising from applicable agreements (“Your Default”):
- The Company shall without limiting its other rights or remedies have the right to suspend the performance of the Services until You cure the non-performance.
- The Company shall not be liable for any costs or losses incurred by You arising directly or indirectly from Company’s failure or delay to perform any of its obligations; and
- You will reimburse the Company on written demand for any costs or losses incurred by the Company arising directly or indirectly from the Your Default.
LIMITATION OF LIABILITY, INDEMNITY
You are fully responsible for the due performance of your obligations under the Agreement and must compensate to us all damages caused by the non-performance or unsatisfactory performance of your obligations.
The Company shall not be liable to the Client for any loss of profits or any non-patrimonial damages, charges or expenses arising under or in connection with Access to Services and Company’s total liability to the Client in respect of all other losses arising under or in connection with the Agreement shall be limited to the total value of the Annual Subscription Fee.
Your contract for the supply of products or services is made with the relevant Supplier only. The Company acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier. You acknowledge that any contract entered into by you with any Supplier is an independent contract. Company hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the Company. Company 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. Company shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Company’s reasonable control.
To the fullest extent permitted by applicable law, you agree to indemnify, hold and defend us, directors, shareholders, employees, agents, clients, partners, harmless from any demands, loss, liability, claims or expenses, made against us by any and all third-party claims and liabilities arising out of or related to or in connection with your use of the App and Services or your breach of any term of the Agreement. You shall notify us immediately of any matter which could result in any loss, claim, damage, expense, or liability subject to indemnification under this section. Such notification will not release you from your indemnification duty. We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.
By the Company:
This Agreement may be terminated or amended and access to the Services restricted at our discretion at any time immediately without notice for any reason without liability to you, including (without limitation) in circumstances where:
- we are required so by any binding order of a governmental authority;
- we have reasonable grounds to suspect unauthorised or fraudulent use of the Services;
- you are in delay with payment of the Fees or any other payments fallen due under the present Agreement and such delay has lasted at least 5 days;
- you have materially breached any other obligation of the Agreement and failed to remedy such breach within a reasonable time granted by us;
- another member you have recommended to us is found to have committed a criminal offence or has otherwise used the Services for any unauthorised purpose;
You may terminate the Services immediately if:
- we commit a material breach of the Agreement and fail to rectify such breach within fifteen (15) days after receipt of your written notice requesting such rectification.
- we have told you about an upcoming material change to the Services or the Agreement and you notify us in writing that you do not agree with such change prior to such change coming into effect;
- there is a risk that supply of the Services may be significantly delayed because of events outside our control;
- we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months
On termination of the Agreement all rights granted to you in relation to the Services shall immediately come to an end.
We may provide notices to you by posting them in App, or by sending them to an email address that you have previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent.
COMPLAINTS and SUPPORT
In case you have any complaints or require additional support, please contact us by e-mail at firstname.lastname@example.org. Our support team will get back to you within 48 working hours. If your inquiry requires a more detailed answer, it might take up to 30 working days to process your request.
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GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia without regard to its principles and rules on conflict of laws.
Any dispute arising out or in connection with this Agreement will be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in Tallinn on the basis of the regulation of the aforementioned Arbitration Court. The arbitral tribunal proceedings will be conducted in English. The arbitration will be held by one arbitrator mutually agreed upon by the Parties, and if no agreement can be reached, then by one arbitrator who is chosen by the Council of the Arbitration Court of the Estonian Chamber of Commerce and Industry.
Any claim under the Agreement must be brought within six (6) months after the cause of action arises, or such claim or cause of action is barred.