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Luxelab Concierge Pty Ltd T/A Three Over Six (hereinafter referred to as "Three Over Six") Terms and Conditions ("Conditions")
By requesting goods and/or services from Three Over Six, you agree that these Conditions shall apply to those services and your order, and that these Conditions shall govern your relationship with Three Over Six in relation to all orders and all goods and/or services ordered from or provided to you by Three Over Six.
Conditions: these terms and conditions as amended from time to time in accordance with clause 8.5.
Client(s): a person(s) or business(es) who commissions goods and/or services from Three Over Six.
Payment Card: has the meaning given in Clause 2.3.
Website: means the website located at www.threeoversix.com
Request(s): means any request made by a Client to Three Over Six for Three Over Six to procure products and/or services from a Third Party on the Client's behalf.
Services: refers to the many concierge and lifestyle management options that Three Over Six offers to its Clients.
Good(s) / Product(s): means work, labour, commodities, equipment, materials, or supplies of any tangible or intangible nature, except real property or any interest therein, provided or performed through a contract awarded by a purchasing agent, including goods and property
Supplier: means a supplier contracted by Three Over Six on behalf of or as an agent for a Client to supply products and/or services to that Client.
Sales Contract: refers to a legally binding contract between two parties (Three Over Six and its Client) that outlines the terms of a transaction and binds an agreement between the two parties.
(a) the term "person" encompasses both natural persons and legal entities, such as corporations and unincorporated bodies (regardless of whether or not they have their own separate legal identity);
(b) a party's personal representatives, successors, or authorised assigns are included in a reference to that party;
(c) Any reference to a law or statutory provision must be deemed to refer to that law or provision as it may be amended or re-enacted. Any reference to a statute or statutory provision must be deemed to include any regulations or orders issued under such statute or provision, whether modified or re-enacted;
(d) the use of the terms including, include, in particular, or any similar expression to introduce a list of examples is to be interpreted as illustrative, not limiting, of the words that come before it; and
(e)"writing" or "written" includes electronic messages.
2.1
In accordance with the Client's specific Requests, Three Over Six shall provide the Services to the Client upon request; provided, however, that Three Over Six shall not be obligated to provide or facilitate the supply of goods and/or services that it deems, in its sole discretion, may violate applicable laws, standards, and/or regulations or may offend taste and decency in the relevant jurisdiction.
2.2
Despite Three Over Six's best efforts, any performance dates set by the parties are intended as estimates only, and time is not of the essence with respect to the provision of the Services.
2.3
If any modification to the Services is required by law or safety requirement, or if the modification will not materially alter the character or quality of the Services, Three Over Six shall have the right to make such modification and will provide notice to the Client.
2.4
Outside of normal business hours, it may not be able to reach the Three Over Six office to gain assistance with a Client's enquiry and/or Request. In such cases, all correspondence must be sent via email: contact@threeoversix.com.
2.5
You understand that Three Over Six may collect commissions from any Supplier for the delivery of goods or the performance of services.
2.6
Goods and/or Services provided by Three Over Six will be performed with reasonable care and skill and will conform to your requests and reasonable instructions.
2.7
Restaurants and Venues:
(a) You agree that in the event of a cancellation, Three Over Six may charge a non-refundable fee to the Payment Card you provided during the booking process for any reservation deposits paid to the Restaurant or Venue on your behalf.
(b) You understand and agree that if you utilise the restaurant booking service and cancel a reservation less than 24 hours in advance, you are not entitled to are fund of any payments made to secure the reservation, including the return of any deposits.
(c) If a Client frequently cancels or does not honour their reservations, Three Over Six has the right to decline any future restaurant requests from that Client.
(d) In the event that a Client is denied entry to a restaurant and/or venue, it is at the sole discretion of the restaurant and/or venue, and Three Over Six shall have no liability where a Client is refused admission.
3.1
Requests can be placed by customers over the phone, via email, via Whatsapp, or through the website's contact page. Any requests made by a client will be confirmed by email.
3.2
In its reasonable judgement, Three Over Six may discontinue providing some or all of the Services and/or may decline to fulfil some or all of the Requests.
3.3
Inline with the applicable invoice relating to Goods and/or Services, Three Over Six will take full payment in advance via direct debit or payment by a creditor debit card from which you have authorised us to deduct such payment("Payment Card").
3.4
The Client agrees that any information you supply in connection with reserving or ordering goods and/or services is accurate, that the debit, credit, and/or Payment Card you use is yours, and that there are sufficient funds available to cover the cost of the Good(s) and/or Service(s).
3.5
After a Request has been submitted and accepted by Three Over Six and the relevant Supplier, payment is immediately payable for any and all Goods and/or Services.
3.6
The Client authorises Three Over Six to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges, if any are incurred by the procurement or provision of certain Goods and/or Services, which you will be notified in advance.
4.1
Once the Clients Request has been confirmed by Three Over Six and/or Suppliers, an email confirmation will be sent to the Clients nominated email address that was supplied at the time of the Request.
4.2
The Client acknowledges that a standard processing time of up to 2 business days is required before your item is dispatched. Orders placed after 14:00 pm (AEST)may be processed the next business day, and orders placed on weekends and holidays will be processed the following business day. During peak periods processing times may exceed 2 business days.
4.3
Three Over Six will notify the Client of shipping estimates and shipping timeframes, this may vary depending on locations and availability.
4.4
Three Over Six and its Suppliers will endeavour to dispatch the Clients order in a timely manner. Any performance dates set by the parties are intended as estimates only, and time is not of the essence with respect to processing and shipment timeframes.
4.5
Three Over Six will notify the Client once your order has been dispatched, you will receive an email with your shipment’s tracking information, allowing you to monitor the progress of your delivery.
4.6
Your order may be subject to import duties and taxes, which are calculated once a shipment reaches your destination country. Three Over Six is not responsible for these charges and are the sole responsibility of the Client.
4.6
International orders or Goods sourced abroad may be subject to customs clearance fees upon arrival in the destination country. Clients are responsible for the payment of any duties, taxes or fees incurred by the inbound arrival of their order. Delays may occur as your order is cleared through customs.
4.7
As part of our obligations and in compliance with applicable regulations and laws, Three Over Six will complete customs documents and declarations accurately and appropriately.
4.8
Delivery Times are estimates only and are based on assuming regular business operations, excluding weekends and holidays. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order and estimated arrival dates are not guaranteed. Three Over Six and its Suppliers will not beheld liable for any delays caused by unforeseen circumstances, including but not limited to delivery, incorrect/undeliverable shipping addresses, weather and other natural causes, force majeure or any other factors outside our control.
4.9
If the Client is not present at the delivery address to collect their order during the allocated time slot provided by the premium courier service, the Client maybe responsible for additional fees associated with additional delivery attempts.
5.1
The Customer recognises that the sales contract for the supply of Goods and/or Services made as a result of a Request is between the Client and the relevant Supplier, and that Three Over Six is not a party to such a contract. The Client further acknowledges that Three Over Six is not liable for any breach of the terms of the sales contract. Cancellation of contracts with Suppliers should be discussed directly with the relevant Supplier and will be governed by the cancellation procedures of the relevant Supplier.
5.2
If Three Over Six is unable to fulfil your Request for a particular good or service, they may provide you with an equivalent or comparable good or service of similar description and quality. If payment has already been made to Three Over Six or the Supplier for the unavailable product or service, you may, at your discretion, decline acceptance of such substitute Product and/or Service and obtain a full refund.
5.3
The Website only features descriptions of Goods and/or Services that have been approved by the applicable Supplier. Three Over Six denies responsibility for any false or misleading descriptions.
5.4
The Client further understands that returns and exchanges of Goods and/or Services acquired by Three Over Six directly from a Supplier on the Client's behalf are subject to the terms and conditions of that Supplier and may not always be permitted. In the event that a Client Requests Three Over Six to source a specific item, Three Over Six will notify the Client in advance of the Supplier's return and exchange policies. In the event that a Supplier does not accept a return or exchange, Three Over will not be held liable to the Client. In accordance with Australian Consumer Law (ACL), On Repeat International may offer a Repair, Replacement or Refund for items purchased within Australia.
5.5
Three Over Six assumes no responsibility for the safe return of your Goods. It is highly recommended that the Client dispatches Goods using a secure and reputable delivery service that includes parcel tracking to ensure it arrives safely and in original condition. Goods that do not arrive in original condition or are damaged may not be accepted by Three Over Six or Suppliers.
5.6
After confirmation that a Supplier has initiated a refund for purchased Goods and/or Services, Three Over Six will notify the Client.
5.7
Any customs duties or sales taxes that are payable to an item that is shipped outside of Australia will not be refunded by Three Over Six under any circumstances. To the fullest extent possible, any monetary losses are to be borne by the Client and shall be the Client's sole responsibility to recover such monies. Three Over Six will not be found liable for any Goods held by any customs or border agency.
6.1
At the time of order, you agree to be bound by the Supplier's terms and conditions that, in each case, apply to the provision of goods and/or services by that Supplier to you.
6.2
Payment Card information may be requested from you when making a Request for Goods and/or Services. You agree that Three Over Six shall not be liable or responsible in any way in connection with the use of your Payment Card provided that Three Over Six acts in accordance with the instructions issued by you in relation thereto, such as if you instruct Three Over Six to pay a Supplier for Goods and/or Services or using your Payment Card.
6.3
If the Client's failure to perform any duty (Client Default)prevents or delays Three Over Six from performing any of its responsibilities under these Conditions:
Without limiting its other rights or remedies, Three Over Six may
(a) rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays Three Over Six's performance of any of its obligations, and
(b) not be responsible for any costs or losses sustained or incurred by the Client as a result of the suspension of performance of the Services until the Client remedies the Client Default.
(c) If Three Over Six incurs any expenses as a direct or indirect result of the Client Default, the Client shall reimburse Three Over Six on writing demand.
7.1
Itis expressly agreed that nothing in these Terms shall limit or exclude Three Over Six’s liability for:
(a) the occurrence of a fatality or serious bodily injury as a result of its carelessness or that of its officers, directors, employees, agents, or independent contractors;
(b) misconduct including deception or an attempt to deceive;
(c) breach of the terms implied by the Australian Competition and Consumers Commission (ACCC).
7.2
Subject to clause 6.1
(a) To the fullest extent permitted by law, Three Over Six shall not be liable to the Client for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use, or corruption of data or information, whether director indirect, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses
(b) Under no circumstances shall Three Over Six's liability to the Client for any other losses arising under or in connection with the Client's engagement with Three Over Six exceed the total value of the requested Goods and/or Services, regardless of the form of action (contract, tort (including negligence), breach of statutory duty, or otherwise).
7.3
Only the applicable Supplier is a party to your contract for the supply of Goods and/or Services. Except as otherwise indicated, you have no rights or remedies against Three Over Six; rather, they are against the Supplier, for whom Three Over Six acts as an agent.
7.4
You agree that any agreement you sign into with a Supplier is a separate and distinct agreement. Without limiting the generality of the foregoing, Three Over Six expressly disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of such act or omission of a Supplier, whether or not arranged through the Three Over Six.
7.5
In the event of incomplete, incorrect, or inaccurate Requests or instructions supplied by you, or in the event of their late arrival or non-arrival, or in the event of any Client Default, Three Over Six shall not be liable to you for any loss, damage, costs, expenses, or other claims for compensation arising therefrom.
7.6
In the event of any delay in fulfilling, or any failure to perform, any of Three Over Six's responsibilities in connection to the Goods and/or Services, due to any cause beyond Three Over Six's reasonable control, Three Over Six shall not be liable to you or be held to be in breach of these Conditions.
7.7
To the furthest extent permissible by law, these Conditions do not include any warranties, conditions, or other terms that would otherwise be implied by legislation or common law, other for those specifically set out in these Conditions.
7.8
The provisions of this section 6 shall survive the expiration or earlier termination of these Terms and Conditions.
After Three Over Six accepts your Request, these Terms will become effective and binding on both the Client and Three Over Six. You agree that these Terms will apply to all future requests you make unless and until we notify you otherwise in writing. You acknowledge that these Terms and Conditions confer rights and remedies solely against Three Over Six and not any other person or organisation.
9.1
Privacy and Data Protection.
The privacy practises of Three Over Six, which are referenced in these Terms and Conditions, apply to your engagement with Three Over Six. Please review our Privacy Statement, which governs the use of any information we collect from you at any time.
9.2
Confidentiality of assignments and subcontracts:
(a) All or any of Three Over Six's rights under these Conditions may be assigned, transferred, charged, subcontracted, or dealt with in any other manner, and all or any of Three Over Six's duties hereunder may be subcontracted or delegated in any manner, at any time, to any third party or agency.
(b) The Client shall not assign, transfer, charge, sublet, or otherwise deal with all or any of its rights or duties under these Conditions without the prior written agreement of Three Over Six.
9.3
Waiver:
(a) No waiver by either party of a breach or default under these Terms and Conditions will be considered a waiver of any other breach or default. A party's failure to exercise, and any delay in exercising, any right or remedy under these Terms orby law shall not constitute a waiver of such right or remedy or prevent or limit the further exercise of any other right or remedy. All rights and remedies are cumulative, and the exercise of one does not prevent or limit the exercise of any other right or remedy
(b) Rights arising under these Terms are cumulative and do not exclude rights guaranteed by law unless expressly indicated herein.
9.4
Severance:
(a) If any provision of these Terms and Conditions (or part of any provision) is found to be invalid, illegal, or unenforceable by a court or other competent authority, it shall be deemed deleted to the extent required, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
(b) If any provision of these Terms and Conditions is found to be invalid, unenforceable, or illegal, but would be rendered valid, enforceable, and legal if some portion of it were deleted, then such provision shall be applied with the minimum modification necessary to render it legal, valid, and enforceable.
9.5
Changes: Three Over Six reserves the right to modify these Terms at any time and will provide you with early notice of any substantial changes. The following methods may be used for communication: Newsletter, website, email, or phone. By continuing to use the Services after any changes to these Terms have been made, you agree to be bound by the updated Terms.
9.6
No Partnership: Nothing in these Terms is intended to, or shall be interpreted to, create a partnership, joint venture, agency, or other relationship between any of the parties. It is agreed that neither party has the authority to act as the agent of, or to bind, the other.
9.7
Third Parties: In no event may any person who is not a party to these Conditions have any rights under or in connection with these Conditions.
9.8
The parties irrevocably submit to the exclusive jurisdiction of the courts located in New South Wales, Australia to resolve any dispute or claim arising out of or in connection with these Conditions or its subject matter or formation(including non-contractual disputes or claims).
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