TERMS AND CONDITIONS OF MEMBERSHIP ("CONDITIONS")
Welcome to the www.work.town (“”, "we," "our," "us") website (collectively, the "Site"). Use of the Site is governed by the following terms and conditions. By using the Site you agree to these terms and conditions. If you do not agree with any part of these terms and conditions, you must not use the Site. We reserve the right to amend these terms and conditions at any time. All amended terms automatically take effect when these Terms & Conditions are updated. Your continued use of the Site following the posting of changes to the Terms and Conditions will mean you accept those changes. Please return to this page periodically to review any changes.
These Conditions apply to all services ordered from or provided to you by WORK TOWN and by requesting services from WORK TOWN you agree that these conditions shall apply to those services and your order.
WT’s website has been compiled in good faith. It provides information of a general nature about the company, services and products. While WT has taken reasonable steps to ensure that such information is accurate, the company makes no warranties or representations - expressed or implied - regarding the accuracy and completeness of this website and its information, or any websites linked to this website. Users of this website, its information and any websites linked to this website must rely solely on their own assessment and verification.
Neither WORK TOWN, nor the company's affiliates, officers and employees, shall be responsible or liable for any direct, indirect, incidental, consequential or special loss or damages however arising (whether by negligent act, omission or otherwise) out of the use of, or reliance upon, this website and its information, or any websites linked to this website.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
Benefits: means the benefits made available to Members by Suppliers.
Conditions: these terms and conditions as amended from time to time in accordance with section Variation
Member: a person registered as a member of the Site.
Website: means the website located at www.work.town.
Request: means a request placed by a Member with WORK TOWN for WORK TOWN to arrange the supply of goods and/or services from a third party on the Member's behalf.
Services: means the concierge and lifestyle management services provided by WORK TOWN to its Members
Supplier means a supplier engaged by WORK TOWN on behalf of and as agent for a Member to provide goods and/or services to that Member.
Partner means Applicant
Payment Card - a credit or debit card which you have authorised us to deduct any payment on your request for the services provided by a supplier n accordance with the relevant invoice
1.2 In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes e-mails.
2. MEMBERSHIP APPLICATIONS
2.1 You are obliged to provide correct personal details when registering on the Site. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify WORK TOWN promptly in the event that any information provided by you in connection with your Membership changes.
2.2 Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.
2.3 Access to and use of your personalised Membership section of the Website is through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify WORK TOWN immediately if you believe that there has been any breach of security, including the unauthorised use of your name and password.
2.5 WORK TOWN (and its affiliated international offices) reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
2.6 WORK TOWN may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorise WORK TOWN to deduct the credit sum from your Payment Card immediately.
3. SUPPLY OF SERVICES
3.1 WORK TOWN shall supply the Services to the Member in accordance with the Member's particular Requests, provided that WORK TOWN shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
3.2 WORK TOWN shall use its reasonable endeavours 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.
3.3 WORK TOWN shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and WORK TOWN shall notify the Member in any such event.
3.4 Services will be provided in English (and in other languages depending on the location of the WORK TOWN office during normal business hours).
3.5 Outside normal business hours (or as may otherwise be required from time to time), Member queries and/or Requests may be routed to an alternative WORK TOWN office for assistance. At such times, services will be provided in the English language.
3.6 You acknowledge that WORK TOWN reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
3.7 Telephone calls to WORK TOWN may be monitored or recorded for training and quality control purposes.
3.8 WORK TOWN shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
4. PLACING A REQUEST
4.1 Members may place Requests by telephone (which does not include text messages), e-mail or through the Members' section of the Website.
4.2 Members should always contact their primary office in the first instance to manage all Requests (including international Requests).
4.3 WORK TOWN, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
4.4 If WORK TOWN is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.
4.5 You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.
4.6 From time to time the procurement or provision of certain services, products or benefits may incur a WORK TOWN services fee or handling charge (of which you will be notified in advance, and which may vary between WORK TOWN offices) and in such event you hereby authorise WORK TOWN to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
5. CANCELLATIONS, REFUNDS AND RETURNS
5.1 The Member acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Member and the relevant Supplier and that WORK TOWN is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.
5.2 If a Request for a specific product or service is not available, WORK TOWN may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
5.3 All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. WORK TOWN shall not be liable for inaccurate or misleading descriptions.
5.4 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
5.5 The Member further acknowledges that for goods purchased on his or her behalf by WORK TOWN directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where WORK TOWN is asked to source a specific item for a Member, WORK TOWN shall inform the Member of the refund and exchange policy of that Supplier in advance. WORK TOWN shall not be liable to the Member where a Supplier does not accept the return or exchange of an item.
5.6 It shall be the Member's sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
5.7 We will inform you when we become aware that a refund of an order has been processed by a Supplier.
5.8 Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through WORK TOWN. It shall be the Member's sole responsibility to recover such monies. WORK TOWN shall have no liability for any items held by any customs or border agency.
5.9 In the case of premium courier services, if the Member is not at the specified Delivery address to receive their Order at the scheduled time, the Member may incur further charges for subsequent attempts to re-deliver the goods.
6.1 Suppliers are responsible for providing you with the services, products you Request us to order on your behalf from time to time. WORK TOWN shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
6.2 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.
6.3 When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorise WORK TOWN to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that WORK TOWN shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that WORK TOWN acts in accordance with the instructions issued by you in relation thereof.
6.4 You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
6.5 If WORK TOWN's performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (Member Default):
(a) WORK TOWN shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Member remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays WORK TOWN's performance of any of its obligations;
(b) WORK TOWN shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from WORK TOWN's failure or delay to perform any of its obligations as set out in this clause 6.5; and
(c) the Member shall reimburse WORK TOWN on written demand for any costs or losses sustained or incurred by WORK TOWN arising directly or indirectly from the Member Default.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Conditions shall limit or exclude WORK TOWN's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
7.2 WORK TOWN shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, 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, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership
7.3 Your contract for the supply of products or services is made with the relevant Supplier only. WORK TOWN acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
7.4 You acknowledge that any contract entered into by you with any Supplier is an independent contract. WORK TOWN 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 WORK TOWN.
7.5 WORK TOWN 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, or any Member Default.
7.6 WORK TOWN 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 WORK TOWN's obligations in relation to the Services, if the delay or failure was due to any cause beyond WORK TOWN's reasonable control.
7.7 Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
7.8 This clause 7 shall survive termination of these Conditions.
7.9. WORK TOWN warrants to you that WORK TOWN shall use its reasonable endeavors to provide the services with reasonable care and skill and, as far as reasonably possible, in accordance with your request and instructions from time to time.
7.10. Where WT supplies you with any goods or services supplied by a third party, then WT is acting as your agent in sourcing the goods or services. WT will use reasonable care in selecting the supplier and ensuring the order is placed in accordance with your wishes.
7.11 For the avoidance of doubt, WT does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the services. You are deemed to be responsible for, and shall use your own skill and judgment as to, the quality, value and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third party for the supply of services or sale of goods.
7.12 Your contract for the purchase of products or services is made with the relevant supplier/partner/vendor only. WT acts as an agent for the supplier/partner/vendor and, unless expressly provided otherwise, all your rights and remedies are against the supplier/vendor/partner. WT will not be responsible for products and services offered by WT as agents for the suppliers/vendors/partners or for any aspect of the relationship between you and any particular supplier/vendor/partner. WT will however do everything it reasonably can to assist you in any dealings you have with the supplier/vendor/partner.
You agree that any contract entered into by you with any of the suppliers/vendors/partners is an independent contract. WT hereby disclaims any and all liability for any act or omission of any supplier/vendor/partner or any loss incurred by you as a result of any act or omission of a supplier/vendor/partner whether or not arranged through WT. WORK TOWN accepts no liability for any losses or claims arising from any inability to access the website or any failure to complete a transaction.
WT shall not be liable to you or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of WT’s obligations in relation to the services, if the delay or failure was due to any cause beyond WORK TOWN’s reasonable control.
8. PRIVACY AND DATA PROTECTION
9.1 If you have a dispute with travel service suppliers, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10. SITE USAGE AND SERVICES PURCHASE
10.1 You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of the Site (as well as for use of your account by others). You are responsible for any bookings made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Site is true and accurate
11.1 All of our tickets, hotels and fees are NON-REFUNDABLE, at times if you have applied for refund with us, we do not guarantee the time period it may take for the refunds to be processed. All refund requests are on REQUEST basis only, please contact after 72 hours to re-confirm if the refund or void request has been processed. Please allow another 60 days to reflect on your credit card after the re-confirmation that the refund request has been approved.
12. CREDIT CARD DECLINES
12.1 At the time of processing your transaction if your credit card declines; we will make all efforts to notify you by way of an E-mail message within 3 business days. The transaction will not be processed if your credit card has declined. The FARE and any other booking details are NOT GUARANTEED.
13.1 Information contained in the Site (including text, graphics, links or other material) are provided on an "as is," and "where available" basis. WT makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to the Site or any related materials, products, services, or information. Under no circumstances, including, but not limited to, negligence, shall we, and/or our providers or distributors, be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site. In no event shall we, and/or our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Site or the services or materials on the Site, even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the Site shall be at your own risk. We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting reservations or bookings for such products and/or services (such as air and ground transportation, hotel accommodations, meals, tours, cruises, travel insurance, etc.).
14.1 WORK TOWN actively provides access to thousands of events around the world through numerous ticket agent partners. WORK TOWN is not the issuer, original seller or a reseller of tickets. Please note that often when purchasing tickets, you are purchasing tickets above face value, which may include service charge(s) reflecting costs and efforts in obtaining premium seats.
14.2 WORK TOWN may be able to obtain "best tickets" for you in relation to sold out events through one of its ticket agent partners. Please note that by instructing WORK TOWN to obtain such tickets on your behalf you are agreeing to purchase tickets above face value and the total cost may include a service charge to WORK TOWN in respect of our provision of services to obtain the seats for you. WORK TOWN is not the seller of the tickets and is not responsible for fulfilment of your order.
All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) shall have their own terms and conditions (which we suggest you should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. WORK TOWN shall not be able to provide you with any refund or obtain any such refund on your behalf.
In the event of a show being cancelled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.
14.3 WORK TOWN or its ticket agent partner will despatch your tickets through delivery agents at standard rates. Please note that WORK TOWN shall not be liable for any failure by delivery agents to deliver your tickets.
Ticket prices are not set by WORK TOWN and are subject to market conditions and demand.
15. RESTAURANTS AND CLUBS
15.1 When you use the restaurant booking service you hereby authorise us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of your cancellation of the booking.
15.2 When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
15.3 WORK TOWN reserves the right to deny restaurant requests from You if You repeatedly fail to honour Your bookings or continuously violate cancellation policies. Admission to any club premises is at all times at the sole discretion of the club supplier and WORK TOWN shall have no liability where You are refused admission to a club.
16. COPYRIGHT NOTICE
16.1 WORK TOWN’s website and its information are protected by copyright, trademark and other intellectual property laws unless otherwise indicated and is the sole property of WORK TOWN. Any unauthorized use, copying, rewriting, publication, broadcasting, distribution or exploitation of this website and its information is strictly prohibited by WORK TOWN. You may display or print this website and its information solely when visiting and in the usual operation of your web browser.
16.2 All names, logos and trademarks on this website are owned by WORK TOWN or by a third party which has granted WORK TOWN the right to use them on this website. The use or misuse of these names, logos and trademarks is strictly prohibited by WT. Nothing contained herein shall be construed as granting the user of this website the right to use any names, logos and trademarks on this website without the written permission of the owner.
16.3 Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
16.4 If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. For example, you can choose your settings so your name and photo do not appear in an ad.
17. ASSIGNMENT AND SUBCONTRACTING:
17.1 WORK TOWN may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
You shall not, without the prior written consent of WORK TOWN, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Conditions
18.1 A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
19.1 If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
19.2 If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20.1 WORK TOWN may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: WORK TOWN Newsletter, the Website, by Email or by phone. Your continued use of the site constitutes acceptance of such variations to these Conditions.
20.2 No partnership: Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
20.3 Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.
21. GOVERNING LAW AND JURISDICTION:
21.1 These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Ukrainian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Ukraine.
By using this website and its information, you irrevocably and unconditionally accept and agree to be bound by this legal disclaimer and copyright notice. WORK TOWN reserves the right to change, add or remove any information presented on this website without notice. Your continued use of this website following the posting of such changes means that you accept such changes.