Provence Confidential is a personalised concierge service working with a distinctive clientele, whose offices are located at 2706 Alta Vista Drive, Suite 105, Ottawa Ontario K1V 7T4 Canada.
Provence Confidential would like you (the “Client”) to read carefully these Terms & Conditions prior to using the concierge service offered by Provence Confidential (the “Assistance”). Provence Confidential reserves the right to modify these Terms & Conditions at any time and for any reason.
2. THE ASSISTANCE
The Assistance provided by Provence Confidential consists of making arrangements between the Clients and independent third parties who are goods and services providers (the “Providers”) such as cooking schools, vineyards and riding stables. The Assistance does not encompass any services offered by the Providers (the “Services”). The Providers will invoice their Services directly to the Clients in accordance with their own terms and conditions. Whether an advance payment is required for a Service, the Client shall be solely responsible for such advance payment. Consequently, any payment made to Provence Confidential shall be made separately from payment to the Providers, and no set-off shall be possible or allowed in part or in full.
The Client acknowledges that by purchasing the Assistance, he/she enters into a contract with Provence Confidential and accepts these Terms & Conditions.
3. THE CONTENTS OF THE WEBSITE
The Client may not use the website of Provence Confidential (the “Website”) for any purpose that is unlawful or which is prohibited by these Terms & Conditions.
The contents of the Website are updated on a regular and continuous basis by Provence Confidential. However, changes may occur that affect the accuracy of the description of a Service on the Website. In such case, Provence Confidential shall in no event be held liable for any of these inaccuracies.
The photographs and pictures appearing on the Website shall be considered by the Client solely as indications concerning the Services and are not to be considered to be part of these Terms & Conditions.
4. PRICES AND RESTRICTIONS
The Assistance purchased on the Website is non-transferable, and cannot be changed or cancelled. The fee paid to Provence Confidential for the Assistance is not refundable.
Provence Confidential reserves the right to cancel the Assistance and access to the Services without further notice in case of non-payment of its fee or in the case of a dispute regarding the payment of its fee.
5. RESERVATION AND CONFIRMATION
To benefit from the Assistance proposed on the Website the Client must complete the contact form on the Website. Provence Confidential will then contact the Client by telephone and/or e-mail depending on the Client’s preference. Provence Confidential will submit to the Client several proposals including associated Provider costs. Once the Client has agreed on one or more proposals which include date, time, location, fee charged by Providers as well as Provence Confidential fees, Provence Confidential will book the requested Services.
Once the Assistance fee has been paid in full, the Services will be confirmed to the Client. This confirmation is based on the availability at the actual date of payment of Provence Confidential fees.
Upon reserving the Assistance, the Client can pay Provence Confidential by:
- credit card (Visa or MasterCard) through Paypal, a third party service, or
- cheque payable to PROVENCE CONFIDENTIAL in Canadian dollars drawn from a Canadian bank, or
- cheque payable to PROVENCE CONFIDENTIAL in U.S. dollars drawn from a U.S. bank. Please send the U.S. dollar equivalent of the Canadian price, using the exchange rate in effect at the time you write your cheque. To find the exchange rate, please refer to XE.com.
Cheques should be mailed to:
7061919 Canada Inc. o/a Provence Confidential
2706 Alta Vista Drive, Suite 105
Ottawa Ontario K1V 7T4
7.1. Limitation of liability for the Assistance
Under these Terms & Conditions, Provence Confidential has the obligation to use its best efforts in trying to provide the Client with the Assistance. In case of breach of this obligation, the liability of Provence Confidential in respect of these Terms & Conditions is limited to direct damages for which a direct causal link with this breach is proven. Under no circumstances will Provence Confidential be liable for any indirect damages, whether foreseeable or unforeseeable.
The Client acknowledges and agrees that the total liability of Provence Confidential to him/her for damages arising out of the provision of the Assistance under these Terms & Conditions cannot exceed the sum paid by the Client to Provence Confidential for the provision of this Assistance.
Provence Confidential will not incur any liability to the Client on account of any loss or damages resulting from any delay or failure to perform all or any part of the Assistance if such delay or failure is caused by an unforeseen event beyond the control of Provence Confidential (such as natural disasters or war).
[Please refer to the Disclaimer listed on the Website.]
7.2. Exclusion of liability for the Services
As explained in Paragraph 2 above, Provence Confidential and the Providers are independent. Therefore, although Provence Confidential endeavors to take great care in the selection of the Providers, in no event shall Provence Confidential be liable for any damage arising out of Services or, failure in the providing of Services by the Providers.
8. PRIVACY LAWS
In the event any part of these Terms & Conditions is held to be unenforceable, this shall not affect the enforceability of the remaining provisions.
These Terms & Conditions shall be governed and construed in accordance with the laws of the Province of Ontario, and the Client hereby agrees to submit any conflict that may rise between him/her and Provence Confidential to the exclusive jurisdiction of the Ontario Superior Court of Justice located in the City of Ottawa or the Ottawa Small Claims Court, as the case may be.
BY BOOKING ANY OF THE SERVICES OFFERED BY PROVENCE CONFIDENTIAL, THE CLIENT IS DEEMED TO HAVE READ, UNDERSTOOD, AND ACCEPTED THE ABOVE TERMS AND CONDITIONS.