Terms and Conditions

Last Revised on February 15, 2023

AGREEMENT BETWEEN CUSTOMER AND VIRTUAL CONCIERGE, LLC.

We provide these Terms and Conditions in different languages. In case of any conflicts or inconsistencies between a non-English version of the privacy notice and the English version, the English version takes precedence.

Welcome to the Virtual Concierge (the “Service”). This Service is provided solely to assist customers in gathering travel information, determining the availability of travel—related goods and services, making legitimate reservations or otherwise transacting business with Virtual Concierge Partners, and for no other purposes. The terms “we”, “us”, “our”, “Virtual Concierge” and “Virtual Concierge, LLC.” refer to Virtual Concierge, LLC. “Virtual Concierge Partner” or “Travel Supplier” means any co-branded and/or linked Third Party Service through which we provide links, content or service. The term “you” refers to the customer visiting the Service and/or booking a reservation through us on this Service, or through our customer service agents.

This Service is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of the Service, and is incorporated by reference in this Agreement. By accessing or using this Service, booking any reservations for travel products or services, purchasing any goods, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use, book any reservations, or make any purchases through this Service or our call center agents.

USE OF THE SERVICE

As a condition of your use of this Service, you warrant that:

  1. you are at least 16 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Service in accordance with these Terms of Use;
  4. you will only use this Service to make legitimate reservations for you or for another person for whom you are legally authorized to act;
  5. you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
  6. all information supplied by you on this Service is true, accurate, current and complete; and
  7. if you have a Virtual Concierge.net account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Service and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

return to top

 

DISPUTES; ARBITRATION

Virtual Concierge is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.

To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any way to the Service, these Terms of Use, our Privacy Policy, any services or products provided, any dealings with our customer service agents, or any representations made by us (“Claims”), you agree to communicate your Claim to Virtual Concierge by contacting Virtual Concierge Support at support@virtualconcierge.net. You agree not to bring any suit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Claim to Customer Support have elapsed. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

You and Virtual Concierge agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, Virtual Concierge Partners or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs).The arbitrator must follow and enforce these Terms of Use.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If arbitration is ruled in your favor and your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action.  The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims.  If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Virtual Concierge Legal: Arbitration Claim Manager,” at Virtual Concierge, LLC, EPS W-2552, 8260 NW 14th St, Miami, FL, 33191. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.

return to top

PROHIBITED ACTIVITIES

The content and information on this Service (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our Travel Suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Service, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Service. Additionally, you agree not to:

  1. use this Service or its contents for any commercial purpose;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor or copy any content or information of this Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep—link to any portion of this Service (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  7. “frame”, “mirror” or otherwise incorporate any part of this Service into any other Service without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Virtual Concierge may cancel any travel or service reservations associated with your name, email address or account, and close any associated Virtual Concierge accounts. If you have conducted any fraudulent activity, Virtual Concierge reserves the right to take any necessary legal action and you may be liable for monetary losses to Virtual Concierge, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Virtual Concierge Customer Service.

return to top

PRIVACY POLICY

Virtual Concierge Inc. believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Service and, as stated above, is incorporated by reference, to understand our practices: Privacy Policy.

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to your reservation and purchase of travel—related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Services are only guaranteed once the purchase has been completed and the invoices have been issued. Virtual Concierge Partners may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

In case of a no-show or cancellation, you may be entitled to a refund of taxes and fees included in the price of the goods or services purchased.  Where you are eligible for a refund, you can request such a refund from Virtual Concierge customer service, who will submit your request to the supplier on your behalf.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Virtual Concierge is not liable for any costs due to changes in your itinerary or service, beyond the fees paid.

return to top

VIRTUAL CONCIERGE WEB APPLICATION

Travelers have many options on to help them experience a hassle-free vacation. On our platform, we will show a range of relevant options and services for the traveler, including, but not limited to, the following:

  • Hotel and Area Information: We provide travelers information about the hotel they are staying in, such as Hotel Policies, Activities, Maps, Restaurants, Bars, Pools, and more.
  • Hotel Services: Our platform has an integrated Restaurant reservation system that allows guests to reserve online, as well as a ticket support system that allows guests to request services such as housekeeping and maintenance. Other free services may be available at different properties at any time.
  • Paid Products and Services: We provide travelers with paid products and services available at the property, either for direct purchase on our platform or paid directly to the Virtual Concierge Partner. The product offers may include food and beverage products, branded and unbranded gift products, flowers, and any product deemed appropriate by the Travel Supplier related to the traveler. The services offered may include excursions, transportation services, vehicle rentals, spa treatments, photo sessions, and any service deemed appropriate by the Travel Supplier related to the traveler.

return to top

PREPAID RESERVATIONS

You acknowledge that the Virtual Concierge Group pre-negotiate certain rates with Virtual Concierge Partners to facilitate the booking of reservations. You also acknowledge that the Virtual Concierge Group provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The rate displayed on the Service is a combination of the pre-negotiated rate for reserved on your behalf by the Virtual Concierge Group and the facilitation fee retained by the Virtual Concierge Group for their services. You authorize the Virtual Concierge Group to book reservations for the total reservation price, which includes the rate displayed on the Service, plus tax recovery charges, service fees, and where applicable, taxes on the Virtual Concierge Group’ services. You agree that your credit card will be charged by the Virtual Concierge Group for the total reservation price. Upon submitting your reservation request you authorize the Virtual Concierge Group, including Virtual Concierge, LLC, to facilitate reservations on your behalf, including making payment arrangements with Travel Suppliers.

You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Virtual Concierge Group do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid transactions are a recovery of the estimated taxes (e.g. sales and use, excise tax, value added tax, etc.) that the Virtual Concierge Group pay to the supplier for taxes due on the rate charged for the product or service. The Travel Suppliers invoice the Virtual Concierge Group for certain charges, including tax amounts. The Travel Suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. The Virtual Concierge Group does not act as co-vendors with the supplier with whom we book or reserve our customer’s arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Virtual Concierge Group to the Travel Suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your reservation. Service fees retained by the Virtual Concierge Group for their services vary based on the amount and type of reservation.

You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the service you reserved, which varies (usually 24 to 72 hours) prior, you will be subject to a charge equal to applicable rates, tax recovery charges and service fees. In the event you will not show for the reservation and plan to check-in for a subsequent reservation, you must confirm the reservation changes with us no later than the day prior to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some Travel Suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the reservation. You agree to abide by the Terms of Use imposed with respect to your prepaid reservations.

Sales taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your stay.

Some hotel Travel Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Virtual Concierge, Inc. for your booking.

return to top

 

BANK AND CREDIT CARD FEES

Your payment is processed in the United States, when we process your payment. When the Travel Supplier processes your payment, it will be processed in the country in which the Travel Supplier is based.

Virtual Concierge or the Travel Supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Virtual Concierge Partner) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the your credit card).

Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international Travel Supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

return to top

CURRENCY CONVERTER

If a currency convertor is available on the Service, the following terms and conditions apply. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Virtual Concierge Group, the Virtual Concierge Partners, and/or our respective Travel Suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

return to top

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this Service may include inaccuracies or errors, including pricing errors. In particular, the Virtual Concierge Group and Virtual Concierge Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Service (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Virtual Concierge, LLC. expressly reserves the right to correct any pricing errors on our Service and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

Ratings displayed on this Service are intended as only general guidelines, and the Virtual Concierge Group and Virtual Hotel Partners do not guarantee the accuracy of the ratings. The Virtual Concierge Group, the Virtual Hotel Partners and their respective Travel Suppliers make no guarantees about the availability of specific products and services. The Virtual Concierge Group, the Virtual Hotel Partners and their respective Travel Suppliers may make improvements and/or changes on the Service at any time.

The Virtual Concierge Group, the Virtual Hotel Partners and their respective Travel Suppliers make no representations about the suitability of the information, software, products and services contained on this Service for any purpose, and the inclusion or offering of any products or services on this Service does not constitute any endorsement or recommendation of such products or services by the Virtual Concierge Group or the Virtual Concierge Partners. All such information, software products, and services are provided “as is” without warranty of any kind. The Virtual Concierge Group, the Virtual Hotel Partners and their respective Travel Suppliers disclaim all warranties and conditions that this Service, its servers or any email sent from the Virtual Concierge Group, the Virtual Hotel Partners and/or their respective Travel Suppliers are free of viruses or other harmful components. The Virtual Concierge Group, the Virtual Hotel Partners and their respective Travel Suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The carriers, hotels and other Travel Suppliers providing travel or other services on this Service are independent contractors and not agents or employees of the Virtual Concierge Group or the Virtual Concierge Partners. The Virtual Concierge Group and the Virtual Hotel Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Travel Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.

In no event shall the Virtual Concierge Group, the Virtual Hotel Partners and/or their respective Travel Suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Service or with the delay or inability to access, display or use this Service (including, but not limited to, your reliance upon opinions appearing on this Service; any computer viruses, information, software, linked sites, products and services obtaining through this Service; or otherwise arising out of the access to, display of or use of this Service) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Virtual Concierge Group, the Virtual Hotel Partners and/or their respective Travel Suppliers have been advised of the possibility of such damages.

If, despite the limitation above, the Virtual Concierge Group, the Virtual Hotel Partners or their respective Travel Suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Virtual Concierge Group, the Virtual Hotel Partners and/or their respective Travel Suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Virtual Concierge, Inc. in connection with such transaction(s) on this Service, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Virtual Concierge Group, the Virtual Concierge Partners, and/or their respective Travel Suppliers.

return to top

INDEMNIFICATION

You agree to defend and indemnify the Virtual Concierge Group, the Virtual Concierge Partners, and/or their respective Travel Suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of these Terms of Use or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Service.

return to top

LINKS TO THIRD-PARTY SITES

This Service may contain hyperlinks to Services operated by parties other than Virtual Concierge, Inc. Such hyperlinks are provided for your reference only. We do not control such Services and are not responsible for their contents or the privacy or other practices of such Services. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Service or other Services) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Services does not imply any endorsement of the material on such Services or any association with their operators.

return to top

SOFTWARE AVAILABLE ON THIS SERVICE

Any software that we make available to download from this Service (“Software”) or through your mobile application store, including the Virtual Concierge mobile application (the “Mobile Application”) is the copyrighted work of the Virtual Concierge Group and/or our respective Travel Suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Service not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Service and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

Please note that all Software, including, without limitation, all PHP, HTML, or other language code and Active X controls contained on this Service, is owned by the Virtual Concierge Group, Virtual Concierge Partners, and/or our respective Travel Suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Web Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

return to top

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Service by electronic mail, postings on this Service or otherwise, including any reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Virtual Concierge and the affiliated, co-branded and/or linked Service partners through whom we provide service (collectively, the “Virtual Concierge Partners”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the Virtual Concierge Group may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Virtual Concierge Group the right to pursue at law any person or entity that violates your or the Virtual Concierge Group’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Virtual Hotel Partners or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Service. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Service). You are prohibited from posting or transmitting to or from this Service: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Service. You acknowledge that Virtual Concierge may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.

Virtual Concierge’s policies with respect to claims by third parties that the content of the Service, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the NOTICE OF INFRINGING MATERIAL section below.

The Google® Translate tool is made available on this Service to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. Virtual Concierge, Inc. does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.

return to top

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Service are ©2023 Virtual Concierge, Inc. All rights reserved. Virtual Concierge, The Virtual Concierge Group, Virtual Concierge.net, the Virtual Concierge logo, are either registered trademarks or trademarks of Virtual Concierge, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Virtual Concierge, Inc. is not responsible for content on Services operated by parties other than Virtual Concierge, Inc.

If you are aware of an infringement of our brand, please let us know by emailing us at legal@virtualconcierge.net. We only address messages concerning brand infringement at this email address.

return to top

ACCOUNT TERMINATION

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Virtual Concierge has adopted a policy of terminating, in appropriate circumstances and at Virtual Concierge’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Virtual Concierge may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

return to top

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing on the Service, such as a link to the infringing material.
  3. Your address, email address and telephone number.
  4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to legal@virtualconcierge.net.

return to top

COUNTER NOTICES

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

  1. Identification of the specific content that was removed or disabled and the location that content appeared on Virtual Concierge’s Service. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Virtual Concierge, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  4. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

Sign the paper.

Send the a digital copy to legal@virtualconcierge.net

return to top

PATENT NOTICES

One or more patents owned by the Virtual Concierge Group may apply to this Service and to the features and services accessible via the Service. Portions of this Service operate under license of one or more patents. Other patents pending.

return to top

GENERAL

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to principles of conflicts of laws.

You agree that no joint venture, partnership, or employment relationship exists between you and the Virtual Concierge Group as a result of this Agreement or use of this Service.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Service or information provided to or gathered by us with respect to such use.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Virtual Concierge, Inc. with respect to this Service, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Service are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

return to top

SERVICE HELP

For answers to your questions or concerns, please write us at legal@virtualconcierge.net.