TERMS OF WEBSITE USE
RQST LTD ("RQST") Terms and Conditions of using services in mobile application and on web site ("Conditions") by clients and partners ("Users")
RELIANCE ON INFORMATION POSTED & DISCLAIMER
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
These Conditions apply to all services ordered from or provided to Users by RQST and by requesting services from RQST Users agree that these conditions shall apply to those services.
INFORMATION ABOUT US
www.requestvip.com is a site operated by RQST Ltd. ("We"); we are a limited company registered in England under registration number 11971956. Our registered office is 308 LONDON ROAD, HAZEL GROVE, STOCKPORT, CHESHIRE SK7 4RF.
We offer concierge services for private users and companies and a mobile application ("The Apps") which can be downloaded from the relevant app stores; iOS, Android, and Windows. Customers accessing our products through those platforms are governed by the terms and conditions of those platforms.
We offer a hand-picked product range through our mobile application. Items fulfilled by us will be governed by the information associated with that product. Items fulfilled externally will be governed by the terms and conditions of the external provider for which we accept no liability.
We also offer a mobile application subscription and using service fees within the following structure:
Mobile application annual subscription for Users – 120 euro per year + VAT/shipping/handling and VIP subscription – 50 euro per month (600 euro per year), super Vip – 100 euro per month (1200 euro per year)
All payments go through Apple store and Google play.
Clients can pay the fees for requests depending on request. We inform clients about the fees in advance and will be accepted by payment by apple store or google play.
Also we have additional commission fees 8-15% from products and services which Partners sell or rent with our Application and Web site, which will be regulated by Contract with each Partner.
Subscription shall be automatically renewed each year.
A minimum of 2 weeks notice must be given before your subscription is cancelled.
If you cancelled your subscription a cancellation charge will apply equal to the renewing amount of the annual subscription.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
Application: means the Mobile application for Apple store or Andriod.
Benefits: means the benefits made available to Clients by Suppliers and the fees for using application (monthly abonnement and fees for requests)
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5.
Client: a person registered as a user / user of the Mobile Application / Client of concierge service / member of the private concierge company.
Private concierge company – means a company RQST who providing services only to users of application and the services
Client account: means the account of mobile application used by Clients in accordance with clause 2.
Partner account: means the account of mobile application used Partners in accordance with clause 2.
Concierge company: means the RQST Lifestyle private concierge Company owned by RQST Ltd.
Application users: means Clients and Partners of RQST concierge company which are using the mobile application providing by company RQST and services providing by it Partners.
Joining Fees: means the monthly Fee payable by the Users to RQST services and application upon acceptance of conditions, in accordance with clause 3.1.
Account Fees: means the fees payable in respect of Clients notified to Clients upon application for and prior to renewal of users, , in accordance with clause 3.1.
Payment method: has the meaning given in Clause 3.7.
Services: means the concierge and lifestyle management services provided by RQST to its Clients as part of their Clientship.
Partners means a supplier of service engaged by RQST and Partners on behalf of and as agent for a User to provide goods and/or services to that User (Client).
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. CLIENTS APPLICATION AND ACCOUNT
2.1 A Clients account in the mobile application are subject to acceptance by RQST at its sole discretion. RQST shall notify applicants in the event that his or her Account has been accepted. RQST is under no duty to disclose its reasons for rejecting any Clients account.
2.2 You are obliged to provide correct personal details when you apply for Application. Failure to do so may invalidate your Account and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify RQST promptly in the event that any information provided by you in connection with your Account changes.
2.3 RQST operates offices in a number of territories worldwide. RQST encourages Clients with residences in multiple territories to register for Account with the RQST office in the territory where their primary residence is located in the first instance.
2.4 RQST will issue you with an Account in application together with associated Account documentation as soon as possible following receipt of your Joining Fee and Using Fee.
2.5 Your Account is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Account.
2.6 Access to and use of your personalized Account section of the Website and Application 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 RQST immediately if you believe that there has been any breach of security, including the unauthorized use of your name and password.
2.8 You must notify RQST immediately by e-mail at firstname.lastname@example.org if your Account code is lost or stolen.
3. ACCOUNT FEES, UPGRADES, CANCELLATIONS AND RENEWALS
3.1 Account Fees and the Joining Fees are payable by Users (clients and partners) and shall be confirmed to you prior to acceptance of your Account application.
The Joining monthly Fee shall be payable each month upon acceptance of your Account application, depending on subscription 10, 50 or 100 euro month. Some Users who have a special PROMO code may have free access and use.
The Account Fees are charged to Users for specific requests in the amount 10, 50 or 100 euro per operation, and shall be payable for each request upon acceptance of your Account application.
3.2 You acknowledge that your payment of the Joining Fee constitutes your express request for us to begin to supply you with the Services.
3.3 Subject to Clauses 3.5, 3.6 and 3.12, Account Fees are non-refundable. Your Joining Fee covers our costs in setting up your Account and is non-refundable in all circumstances.
3.4 You have the right to cancel your Account until the end of 7 days after the day on which we accept your Account application ("Cancellation Period") and we would ask that you inform us of your decision in writing.
3.5 If you cancel your Account within the Cancellation Period, you will be reimbursed for your Account Fee, less deductions for the Services we have performed up until you informed us of your decision to cancel.
3.6 RQST reserves the absolute right to cancel or suspend your Account where it has reason to do so. If RQST cancels your Account, where it is reasonable to do so RQST shall refund the balance of the current annual Account Fee on a pro rata basis in respect of the unexpired period to which the annual Account Fee relates.
3.8 Where you have provided our Apple ID with details of a Payment Card or have authorized a direct debit mandate, you hereby expressly authorize RQST to deduct and collect Joining Fees or Account Fees up to 28 days prior to or on your Renewal Date. Alternatively you will be contacted directly in order to renew your Account.
3.9 If you do not wish to renew your Account you must notify us at least 30 days prior to your Renewal Date.
3.10 If you do not notify us in accordance with Clause 3.9, RQST reserves the right to recharge the then current Account Fee in order to renew the Account.
3.11 RQST (and its affiliated international offices) reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
3.12 If, during the course of your current Account, you wish to upgrade your Account to a higher level of Account or RQST reasonably requests you to upgrade your Account based on your usage of the Services, the difference in price between the two categories of Account will be payable on a pro rata basis. If you do not accept RQST's request for you to upgrade your Account then RQST reserves the right to cancel your existing Account with immediate effect in which case you will be entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of the relevant Account year for which you have paid Account Fees.
3.13 RQST 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 authorize RQST to deduct the credit sum from your Payment Card immediately.
3.14 Users have a trial period 7 days in order to understand how the application works.
3.15 Users will be subject to a penalty fee for cancellation after we accept Request from client.
4. SUPPLY OF SERVICES
4.1 RQST shall supply the Services to the User during the Account in accordance with the User's particular Requests, provided that RQST 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.
4.2 RQST shall use its 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.
4.3 RQST 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 RQST shall notify the User in any such event.
4.4 Services will be provided in English (and in other languages depending on the location of the RQST office during normal business hours).
4.5 Outside normal business hours (or as may otherwise be required from time to time), User queries and/or Requests may be routed to an alternative RQST office for assistance. At such times, services will be provided in the English language and Russian.
4.6 You acknowledge that RQST reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
4.7 Telephone calls to RQST may be monitored or recorded for training and quality control purposes.
4.8 RQST 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.
4.9 Restaurants and companies:
(a) When you use the restaurant, company or beach company booking service you hereby authorize us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant or company which may be forfeited as a result of your cancellation of the booking.
(b) 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.
(c) RQST reserves the right to deny restaurant requests from Clients if Clients repeatedly fail to honor their bookings or continuously violate cancellation policies.
(d) Admission of Clients to any company premises is at all times at the sole discretion of the company Supplier and RQST shall have no liability where a User is refused admission to a company.
(a) RQST 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 RQST 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 RQST in respect of our provision of services to obtain the seats for you. RQST is not the seller of the tickets and is not responsible for fulfilment of your order.
(b) 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. RQST 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/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.
(d) RQST or its ticket agent partner will dispatch your tickets through delivery agents at standard rates. Please note that RQST shall not be liable for any failure by delivery agents to deliver your tickets.
5. PLACING A REQUEST
5.1 Clients may place Requests by using mobile application, by telephone (which does not include text messages), e-mail or through the Clients' section of the Website.
5.2 Clients should always contact their primary country manager in the first instance to manage all Requests (including international Requests).
5.3 RQST, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
5.4 If RQST is unable or not obliged to deal with any Request, it will inform the User as soon as reasonably practicable.
5.5 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.
5.6 From time to time the procurement or provision of certain services, products or benefits may incur a RQST services fee or handling charge (of which you will be notified in advance, and which may vary between RQST country managers) and in such event you hereby authorise RQST to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
6. CANCELLATIONS, REFUNDS AND RETURNS
6.1 The User acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the User and the relevant Supplier and that RQST 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.
6.2 If a Request for a specific product or service is not available, RQST 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.
6.3 All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. RQST shall not be liable for inaccurate or misleading descriptions.
6.4 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
6.5 The User further acknowledges that for goods purchased on his or her behalf by RQST 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 RQST is asked to source a specific item for a User, RQST shall inform the User of the refund and exchange policy of that Supplier in advance. RQST shall not be liable to the User where a Supplier does not accept the return or exchange of an item.
6.6 It shall be the User'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.
6.7 We will inform you when we become aware that a refund of an order has been processed by a Supplier.
6.8 Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through RQST. It shall be the User's sole responsibility to recover such monies. RQST shall have no liability for any items held by any customs or border agency.
6.9 In the case of premium courier services, if the User is not at the specified Delivery address to receive their Order at the scheduled time, the User may incur further charges for subsequent attempts to re-deliver the goods.
7. SUPPLIERS (PARTNERS)
7.1 Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. RQST shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
7.2 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.
7.3 When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorize RQST to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that RQST shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that RQST acts in accordance with the instructions issued by you in relation thereof.
7.4 You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
7.5 If RQST's performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the User or failure by the User to perform any relevant obligation (User Default):
(a) RQST shall without limiting its other rights or remedies have the right to suspend performance of the Services until the User remedies the User Default, and to rely on the User Default to relieve it from the performance of any of its obligations to the extent the User Default prevents or delays RQST's performance of any of its obligations;
(b) RQST shall not be liable for any costs or losses sustained or incurred by the User arising directly or indirectly from RQST's failure or delay to perform any of its obligations as set out in this clause 7.5; and
(c) the User shall reimburse RQST on written demand for any costs or losses sustained or incurred by RQST arising directly or indirectly from the User Default.
7.6 By signing this agreement, the partner/supplier confirms that he complies with the laws of his country providing services or selling goods and he pays all taxes in his country in accordance with the tax law of the state.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude RQST'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; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2 Subject to clause 8.1:
(a) RQST shall not be liable to the User, 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 Account; and
(b) RQST's total liability to the User in respect of all other losses arising under or in connection with their Account, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the User's annual Account Fee.
8.3 Your contract for the supply of products or services is made with the relevant Supplier only. RQST acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
8.4 You acknowledge that any contract entered into by you with any Supplier is an independent contract. RQST 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 RQST.
8.5 RQST 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 User Default.
8.6 RQST 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 RQST's obligations in relation to the Services, if the delay or failure was due to any cause beyond RQST's reasonable control.
8.7 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.
8.8 This clause 8 shall survive termination of these Conditions.
9. COMMENCEMENT AND TERMINATION
9.1 These Conditions shall take effect and be binding upon the User and RQST upon acceptance by RQST of your Account application. These Conditions shall be applicable for the duration of your Account and shall only cease to have effect upon the expiry or termination of your Account. You agree that your only rights and remedies under these Conditions shall be against RQST and no other entity.
10.1 Privacy and Data Protection
10.2 Assignment and subcontracting:
(a) RQST 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.
(b) The User shall not, without the prior written consent of RQST, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
(a) 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.
(b) Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
(a) 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.
(b) 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.
10.5 Variation: RQST 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: RQST Newsletter, the Website, by Email or by phone. Your continued use of your Account constitutes acceptance of such variations to these Conditions.
10.6 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.
10.7 Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.
10.8 Governing law and jurisdiction: 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.