W1TTY Concierge Service Terms and Conditions

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W1TTY Global LTD
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Valid as of: August 16, 2023 | Version 1.0

1. Introduction

1.1. These W1TTY Concierge Service Terms and Conditions (“Concierge Terms”) apply in addition to the W1TTY Global Ltd General Terms & Conditions (“General Terms”) and govern the provision of the concierge services listed in Clause 2 of these Concierge Terms (“Concierge Service”) by W1TTY Global Ltd company registration number 12810623 and with its registered office at 9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN ("W1TTY", "we", "our" or "us") to registered users of the W1TTY Services (“you”, “your”) .

To be eligible to use the Concierge Service, you must be an existing customer under the General Terms with a W1TTY Account and W1TTY Card.

Please note that the Concierge Service is not a regulated service and where W1TTY is providing the Concierge Service, we are only acting as an unregulated service provider and not in our capacity as an authorised electronic money institution (which is how we are regulated in providing the W1TTY Services under the General Terms).

The Concierge Terms apply in addition to the General Terms. Words in these Concierge Terms that begin with a capital letter that are not defined where they appear in these Concierge Terms have the meaning given to them in the General Terms. The Concierge Terms also include our Privacy Policy which governs how we collect and process your personal data, as well as the purpose and legal bases for processing. The following Clauses in the General Terms also apply to these Concierge Terms, on the basis that references to “W1TTY Services” means “Concierge Services” under these Concierge Terms: Clause 19 (Notices; Contacting you), Clause 21 (Contact us), Clause 22 (General Terms).

1.2. If you do not agree to the Concierge Terms, you are not permitted to use Concierge Service. You should read the Concierge Terms and each of the above documents before agreeing to them and download a copy for your records. You can ask for a copy of the Concierge Terms through the chat function on the W1TTY App. Alternatively, you can download the current terms and conditions at any time from www.legal.w1tty.com or by going to the "My Details" section of the W1TTY App.

1.3 We change these Concierge Terms from time to time but the most current version will always be available (here). Changes will usually occur because of new features being added, changes in the Concierge Service or the law, or where we need to clarify your or our position on something. We will notify you at least 30 days in advance of the date when any change are due to take effect. If you do not agree to the changes, you must stop using the Concierge Service before that date. Continuing to use the Concierge Service after that date means that you accept our new changes.

1.4. These Concierge Terms shall start on the date on which you first request us to provide the Concierge Service to you.

1.5. Subject to Clause 1.6, you may cancel these Concierge Terms within the 14 day period that begins on the day after you agree to them (“Statutory Cancellation Period”). In the event that you wish to cancel these Concierge Terms during the Statutory Cancellation Period, you may exercise your right of cancellation by emailing us a clear statement to that effect at support@w1tty.com. You must not use the Concierge Service during that time.

1.6. We will not supply the Concierge Service during the Statutory Cancellation Period, unless expressly requested by you, at which time you will no longer have the right to cancel the these Concierge Terms.

1.7. These Concierge Terms apply to you if you are accessing the Concierge Service through your W1TTY Account in the United Kingdom .

2. Description of Concierge Services available:

You may request us to source information and book related goods or services (“Products”) of the following kinds:

  • Private Charter
  • Air Travel Ticket
  • Hotel Booking
  • Airport Lounge
  • Car Hire
  • Chauffeur Driven Car Service
  • Holiday Package
  • Hospitality and Event Ticketing
  • Restaurant Reservation
  • Destination Information
  • Lifestyle Management

3. Using the Concierge Service

3.1. If You want to use the Concierge Service You should contact us through the W1TTY App or email us at: support@w1tty.com

3.2. Your right to use the Concierge Service is exclusive to you. You are responsible for ensuring that no one else uses this privilege. You are required to provide accurate details when using the Concierge Service.

3.3. You may request us to source information and book related Products. We will contact you via the contact details provided by you as to the availability of any of the Products you have requested us to source.

3.4. In all instances we will provide options, price of the Products (including delivery charges and any other associated charges), delivery timescales, specific terms of the Product(s), including but not limited to the cancelation policy, refund policy, no show policy, rescheduling policy, and exemptions, special conditions, next steps (if relevant) and the name and contact details of the supplier of the Product (“Supplier”). You can pay the price of the Product(s) by W1TTY Account or W1TTY Card (using either a payment link provided by us or directly through payment button in the W1TTY App). If you request and authorise us to, we will make a reservation, booking, place an order or arrange delivery with a Supplier, using your eligible W1TTY Card or W1TTY Account for payment purposes. For this purpose, you hereby authorise us to act as your commercial agent to negotiate or conclude the purchase of the relevant Product(s) on your behalf under a direct agreement between you and the Supplier (which may be oral or in writing) for the Product you purchase (“Product Agreement”). We do not act as a Supplier and we are not a party to the Product Agreement.

3.5. Unless stated otherwise, you are required to make payment for each Product you ordered or requested through the Concierge Service upon the acceptance of your order by the Supplier, as well as any additional associated costs or expenses incurred in the sourcing, provision, or the delivery of the Products.

3.6. You agree that you will use your W1TTY Card or W1TTY Account exclusively to for pay for any Product ordered by you or on your behalf through the Concierge Service and such costs or expenses will be billed to your W1TTY Card or W1TTY Account.

3.7. Subject to the terms of our Privacy Policy, in the course of providing Concierge Services as requested, W1TTY will record the telephone, email and chat conversations. These records will be retained for a period of six (6) months for the exclusive purposes of security, monitoring, quality assurance and the training of our staff.

4. Acceptable Use

4.1. You must not use the Concierge Service for any illegal or unlawful purpose.

4.2. We have the sole and absolute discretion not to provide or make any requested arrangement if in our opinion, the provision of the Concierge Service or the requested Product would be contrary to any applicable law.

4.3. The Concierge Service or a Product may not be available in all countries. For instance, restrictions may apply where a country is involved in an international or internal conflict, the existing infrastructure is deemed inadequate or where applicable law prohibits or restricts us or a Supplier from arranging or providing a Product.

5. Liability

5.1. While we make every effort to ensure that all information supplied is correct, we are reliant on many information sources outside our control and we are not liable for the accuracy of this third party information provided. We will make reasonable efforts to ensure that you are provided with accurate information. The availability of information may vary dependant on the country requested.

5.2. We shall not be liable to you, if we are not able to source any of the goods or services you have requested or if there is any delay in sourcing any such goods or services.

5.3. We 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 or use of any Product provided by a Supplier whether or not arranged through the Concierge Service.

6. Complaints or Disputes

If we are made aware by you of an expression of dissatisfaction, disappointment or complaint in relation to the provision of the Concierge Service, we will launch an investigation and make reasonable efforts to provide a response to you within three (3) business days.

7. Liability: Our responsibility to you

7.1. This Clause 7 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you under or in connection with these Concierge Terms and the Concierge Service.

7.2. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Concierge Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you started using the Concierge Services, both we and you knew it might happen.

7.3. Nothing in these Concierge Terms limits or excludes your or our liability for:

(a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability we or you cannot legally limit.

7.4. Neither you nor us shall be liable for any failure or delay in performance of your or our obligations under these Concierge Terms for causes beyond your or our reasonable control.

7.5. Subject to Clause 7.3, each party shall only be liable for its own breach of contract, negligence or willful misconduct.

7.6. You acknowledge and accept that:

(a) the Concierge Service is subject to any constraints or limitations stipulated by any regulatory authority or applicable law; and

(b) our ability to provide the Concierge Service depends on the continued provision of essential components provided by third party service providers over which we have no control.

7.7. By facilitating, negotiating or concluding your Product Agreements we shall not be deemed to be a party to those Product Agreements or have any liability in relation to the Product Agreement or the relevant Product or the purpose for which you obtained it.

7.8. We shall not be responsible for the safety, legality, quality or any other aspect of any Products you obtain through your use of the Concierge Service.

7.9. You are solely and exclusively responsible for any results obtained from your use of the Concierge Service. We shall have no liability for any damage caused by errors or omissions in any content, or instructions or scripts provided to us by you or by any third party in connection with the Concierge Service.

7.10. The Concierge Services may contain some content owned or developed by third parties, and rely on third-party networks. As we do not own or produce such third-party content, or operate these third-party networks, we cannot be responsible for them in any way. We will not be responsible to you if any Product that you obtain through Concierge Services fails as a result of any error or unavailability of these third-party services or the networks they rely on.

7.11. We will do our best to ensure that any elements of the Concierge Services that require a connection to the Internet will always be available to you. However, due to the nature of the Internet and technology, any such features of the Concierge Services may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of those features of the Concierge Services will always be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control.