TERMS & CONDITIONS
These terms and conditions should be read carefully by the Member they provide the legal framework against which the Company agrees to provide Services to the Member and to which the Member agrees to be bound.
1. DEFINITIONS AND INTERPRETATION
1.1. In these Conditions, the following definitions apply:
Benefits: means the benefits made available to Members by Vendors.
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5
Member: a person registered as a member of Lorindale.
Membership: means membership of Lorindale.
Membership Fees: means the fees payable in respect of Membership notified to Members upon application for and prior to renewal of Membership.
Website: means the website located at www.lorindale.com
Request: means a request placed by a Member with Lorindale for Lorindale 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 Lorindale to its Members as part of their Membership.
Vendor: means a Vendor engaged by Lorindale on behalf of and as agent for a Member to provide goods and/or services to that Member.
2. MEMBERSHIP APPLICATIONS
2.1. All Membership applications are subject to acceptance by Lorindale at its sole discretion. Lorindale shall notify applicants in the event that his or her Membership application has been accepted. Lorindale is under no duty to disclose its reasons for rejecting any Membership application.
2.2. You are obliged to provide correct personal details when you apply for Membership. 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 Lorindale promptly in the event that any information provided by you in connection with your Membership changes.
2.3. 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.
3. MEMBERSHIP FEES, UPGRADES AND CANCELLATION
3.2. For the first year of your Membership, Membership Fees shall be confirmed to you prior to acceptance of your Membership application. Any increase or decrease to the Membership Fees for subsequent months of Membership will be notified to all Members in advance or their Renewal Dates.
3.3. Membership Fees are non-refundable.
3.4. You have the right to cancel your Membership until the end of 14 days after the day on which we accept your Membership application (“Cancellation Period”) and we would ask that you inform us of your decision in writing.
3.5. If you cancel your Membership within the Cancellation Period, you will be reimbursed for your Membership Fee, less deductions for the Services we have performed up until you informed us of your decision to cancel.
3.6. Membership Fees are due on acceptance of your Membership application and annually thereafter (the “Renewal Date”), and full payment will be taken annually by a credit or debit card which you have authorised us to deduct such payment from (“Payment Card”) in accordance with the relevant invoice.
3.7. Where you have provided us with details of a Payment Card, you hereby expressly authorise us to deduct collect renewal Membership Fees up to 28 days prior to or on your Renewal Date. Alternatively, you will be contacted directly in order to renew your Membership.
3.8. If you do not wish to renew your Membership you must notify us at least 30 days prior to your Renewal Date.
3.9. If you do not notify us in accordance with Clause 3.8, Lorindale reserves the right to recharge the current Membership Fee in order to renew the Membership.
3.10. Lorindale reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
3.11. If, during the course of your current Membership, you wish to upgrade your Membership to a higher level of Membership or Lorindale reasonably requests you to upgrade your Membership based on your usage of the Services, the difference in price between the two categories of Membership will be payable on a pro rata basis. If you do not accept Lorindale’s request for you to upgrade your Membership, then Lorindale reserves the right to cancel your existing Membership 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 Membership month for which you have paid Membership Fees.
3.12. Lorindale 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 us to deduct the credit sum from your Payment Card immediately.
4. SUPPLY OF SERVICES
4.1. Lorindale shall supply the Services to the Member during the Membership in accordance with the Member’s particular Requests, provided that Lorindale 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. Lorindale 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. Lorindale 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 Lorindale shall notify the Member in any such event.
4.4. Services will be provided in Arabic and English.
4.5. Services will be provided as stated in your membership.
4.6. You acknowledge that Lorindale reserves the right to accept commissions upon the supply of products or performance of services by any Vendors.
4.7. Telephone calls to Lorindale may be monitored or recorded for training and quality control purposes.
4.8. Lorindale 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.
4.9.1. When you use the restaurant booking service you hereby authorize us to use your Payment Card to secure your booking or for any deposit paid by us on your behalf to the restaurant, which is forfeited as a result of your cancellation of the booking.
4.9.2. 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.
4.9.3. Lorindale reserves the right to deny restaurant requests from Members if Members repeatedly fail to honor their bookings or continuously violate cancellation policies.
4.10.1. Lorindale 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 Lorindale 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 Lorindale in respect of our provision of services to obtain the seats for you. Lorindale is not the seller of the tickets and is not responsible for fulfillment of your order.
4.10.2. 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. Lorindale shall not be able to provide you with any refund or obtain any such refund on your behalf.
4.10.3. 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.
4.10.4. Lorindale or its ticket agent partner will dispatch your tickets through delivery agents at standard rates. Please note that Lorindale shall not be liable for any failure by delivery agents to deliver your tickets.
5. PLACING A REQUEST
5.1. Members may place Requests by telephone (which does not include text messages) and e-mail.
5.2. Lorindale, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
5.3. If Lorindale is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.
5.4. 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.
5.5. From time to time the procurement or provision of certain services, products or benefits may incur a Lorindale services fee or handling charge (of which you will be notified in advance) and in such event you hereby authorize Lorindale to invoice you in respect of such fees or charges.
6. CANCELLATIONS, REFUNDS AND RETURNS
6.1. 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 Vendor and that Lorindale is not a party to such contract. Cancellation of contracts with Vendor should be addressed with the Vendor directly and will be subject to the relevant Vendor’s policies.
6.2. If a Request for a specific product or service is not available, Lorindale 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 Vendor for the unavailable product or service.
6.3. The relevant Vendor has approved all descriptions of any products, services or Benefits on the Website. Lorindale 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 Vendor.
6.5. The Member further acknowledges that for goods purchased on his or her behalf by Lorindale directly from a Vendor, returns and exchanges will be subject to the terms and conditions of that Vendor and returns or exchange of goods purchased may not always be permitted. In circumstances where Lorindale is asked to source a specific item for a Member, Lorindale shall inform the Member of the refund and exchange policy of that Vendor in advance. Lorindale shall not be liable to the Member where a Vendor does not accept the return or exchange of an item.
6.6. It shall be the Member’s sole responsibility to retain all proof of return of goods to a Vendor, 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 Vendor has processed a refund of an order.
6.8. 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.
7.1. Vendors are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. Lorindale shall communicate with Vendors on your behalf unless it is more appropriate for you to contact the Vendor directly.
7.2. Vendors may impose their own terms and conditions that in every case apply to the supply of goods and/or services by that Vendor 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 Lorindale to use your Payment Card in order to pay a Vendor for products or services, you acknowledge and agree that Lorindale shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Lorindale 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.
8. LIMITATION OF LIABILITY
8.1. Nothing in these Conditions shall limit or exclude Lorindale’s liability for:
8.1.1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
8.1.2. Fraud or fraudulent misrepresentation.
8.2. Subject to clause 8.1:
8.2.1. Lorindale 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; and
8.2.2. Lorindale’s total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member’s monthly Membership Fee.
8.3. Your contract for the supply of products or services is made with the relevant Vendor only. Lorindale acts as an agent for the Vendor and, unless expressly provided otherwise, all your rights and remedies are against the Vendor.
8.4. You acknowledge that any contract entered into by you with any Vendor is an independent contract. Lorindale hereby disclaims any and all liability for any act or omission of any Vendor or any loss incurred by you as a result of any act or omission of a Vendor whether or not arranged through the Lorindale.
8.5. Lorindale 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.
8.6. Lorindale 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 Lorindale’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Lorindale’s reasonable control.
9. COMMENCEMENT AND TERMINATION
9.1. These Conditions shall take effect and be binding upon the Member and Lorindale upon acceptance by Lorindale of your Membership application. These Conditions shall be applicable for the duration of your Membership and shall only cease to have effect upon the expiry or termination of your Membership.
10.2. Variation: Lorindale 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: Lorindale Newsletter, the Website, by Email or by phone. Your continued use of your Membership constitutes acceptance of such variations to these Conditions.
10.3. 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, Saudi law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Saudi Arabia.