Terms and Conditions of Sale for Ana Concierge Services
These terms apply to all services ordered or provided by Ana Concierge Services LLC. By requesting services from Ana Concierge Services LLC, you agree that these conditions apply to such services and your order.
1- DEFINITIONS AND INTERPRETATION
1.1 In these conditions, the following definitions apply:
a) Benefits: refers to the benefits made available to Members by Suppliers.
b) Conditions: these terms and conditions, as amended from time to time in accordance with clause 9.5.
c) Payment Card: as defined in clause 3.2.
d) Website: refers to the website located at www.ana-mya.com.
e) Request: refers to a request made by a Member to Ana Concierge Services for Ana Concierge Services to arrange the supply of goods and/or services from a third party on behalf of the Member.
f) Services: refers to the concierge and lifestyle management services provided by Ana Concierge Services LLC to its Members.
g) Supplier: refers to a supplier engaged by Ana Concierge Services LLC on behalf of a Member to provide goods and/or services to that Member.
1.2 In these conditions, the following rules apply:
(a) The term "person" includes a natural person, a legal entity (whether or not having separate legal personality).
(b) A reference to a party includes its legal representatives, successors, or authorized assigns.
(c) A reference to a law or legislative provision refers to that law or legislative provision as amended or reenacted. A reference to a law or legislative provision includes any subordinate legislation made under that law or legislative provision, as amended or preenacted.
(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.
(e) A reference to writing or written includes emails.
2- MEMBER REQUESTS
2.1 You are required to provide accurate personal information when making a member request. Failure to comply with this obligation may invalidate any subsequent transactions. Your responsibility to provide accurate information is an ongoing obligation, and you must promptly inform Ana Concierge Services of any changes to the information provided.
2.2 Ana Concierge Services operates offices in several territories worldwide. Ana Concierge Services encourages Members with residences in multiple territories to register as Members with the Ana Concierge Services office located in the territory where their primary residence is first situated.
2.3 We will take all necessary measures to ensure that your data is processed securely and in accordance with the Ana Concierge Services privacy policy, details of which are specified in clause 9.1. Please note that all information you provide to us is stored on our secure servers. All payment transactions carried out by us or our chosen third-party payment processing service provider will be encrypted using SSL (Secure Sockets Layer) technology.
3- UPGRADING AND CANCELLATIONS
3.1 Ana Concierge Services reserves the right to refuse to provide services if a payment due under these conditions is not received.
3.2 Ana Concierge Services may, at your request, purchase goods or services on your behalf. If they act as a credit agent, you authorize them to deduct the credited amount from your payment card immediately.
4- PROVISION OF SERVICES
4.1 Ana Concierge Services will provide the Services to the Member during the contract period in accordance with the Member's specific requests. However, Ana Concierge Services will 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 Ana Concierge Services will make reasonable efforts to meet any specified performance dates, but such dates are only estimates, and time shall not be of the essence for the performance of the Services.
4.3 Ana Concierge Services 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 Ana Concierge Services shall notify the Member in any such event.
4.4 Services will be provided in English (and in other languages depending on the location of the Ana Concierge Services office during normal business hours).
4.5 You acknowledge that Ana Concierge Services reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
4.6 Ana Concierge Services 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.
4.7 Ana Concierge Services 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.
4.8 Restaurant Reservations:
a) When you use the restaurant reservation service, you hereby authorize us to debit your payment card for any deposit paid by us on your behalf to the restaurant, which is forfeited as a result of your cancellation of the booking.
b) When you use the restaurant reservation service, you agree that if 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) Ana Concierge Services reserves the right to deny restaurant requests from members if members repeatedly fail to honor their bookings or continuously violate cancellation policies.
4.9 Tickets:
a) Ana Concierge Services 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 Ana Concierge Services 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 Ana Concierge Services for our provision of services to obtain the seats for you. Ana Concierge Services is not the seller of the tickets and is not responsible for the fulfilment of your order.
d) 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 stating that sales of tickets are final and no refunds shall be issued after the purchase has been made. Ana Concierge Services 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 canceled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.
d) Ana Concierge Services or its ticket agent partner will dispatch your tickets through delivery agents at standard rates. Please note that Ana Concierge Services shall not be liable for any failure by delivery agents to deliver your tickets.
5- PLACING A REQUEST
5.1 Members can submit requests by phone, text messages, or email.
5.2 Members should always contact their main office first to handle all requests (including international requests).
5.3 Ana Concierge Services, acting reasonably, reserves the right to withdraw any services and/or refuse to accept any requests at its sole discretion.
5.4 If Ana Concierge Services is unable or not obligated to deal with a request, it will inform the member as soon as reasonably practicable.
5.5 You undertake that all information you provide to us for the purpose of booking, ordering, or purchasing products or services is correct, that the debit, credit, and/or payment card you use from time to time is yours, 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 an Ana Concierge Services service fee or handling charge (of which you will be notified in advance, and which may vary between Ana Concierge Services offices), and in such a case, you hereby authorize Ana Concierge Services to debit your payment card with any such handling charges, or alternatively, to invoice you for 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 resulting from a request is between the Member and the relevant Supplier, and that Ana Concierge Services is not a party to such a contract. Cancellation of contracts with Suppliers should be addressed directly with the Supplier and will be subject to the relevant Supplier's policies.
6.2 If a request for a specific product or service is not available, Ana Concierge Services 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 products, services, or benefits on the website have been approved by the relevant Supplier. Ana Concierge Services shall not be liable for inaccurate or misleading descriptions.
6.4 Payment for all products and services will be due immediately upon acceptance of the order by the relevant Supplier.
6.5 The Member further acknowledges that for goods purchased on their behalf by Ana Concierge Services directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier, and returns or exchanges of purchased goods may not always be permitted. In circumstances where Ana Concierge Services is asked to source a specific item for a Member, Ana Concierge Services shall inform the Member of the refund and exchange policy of that Supplier in advance. Ana Concierge Services shall not be liable to the Member where a Supplier 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 Supplier. We recommend returning the goods by registered delivery or by any other similar means to ascertain the date of the return dispatch and track 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 Ana Concierge Services. It shall be the Member's sole responsibility to recover such monies. Ana Concierge Services 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 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 redeliver the goods.
7- SUPPLIERS
7.1 Supplier Responsibility:
Suppliers are responsible for providing you with the services, products, and benefits that you request us to order on your behalf from time to time. Ana Concierge Services will communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
7.2 Supplier Conditions:
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 Use of Payment Card:
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 Ana Concierge Services to use your Payment Card to pay a Supplier for products or services, you acknowledge and agree that Ana Concierge Services shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Ana Concierge Services acts in accordance with the instructions issued by you in relation thereto.
7.4 Availability of Benefits:
You acknowledge that the benefits are subject to availability and may change from time to time without notice.
7.5 Member Default:
If Ana Concierge Services' performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (Member Default):
a) Ana Concierge Services shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the Member remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations;
b) Ana Concierge Services shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from Ana Concierge Services' failure or delay to perform any of its obligations as set out in this clause 7.5; and
c) The Member shall reimburse Ana Concierge Services on written demand for any costs or losses sustained or incurred by Ana Concierge Services arising directly or indirectly from the Member Default.
8- LIMITATION OF LIABILITY
8.1 Nothing in these Conditions will limit or exclude the liability of Ana Concierge Services for:
a) Death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors;
b) Fraud or fraudulent misrepresentation;
8.2 Subject to clause 8.1
a) Ana Concierge Services 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 or corruption of data or information, whether direct or indirect, or any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses arising out of; and
b) Ana Concierge Services' total liability to the Member for all other losses arising out of, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited.
8.3 Your contract for the supply of products or services is solely with the relevant Supplier. Ana Concierge Services 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. Ana Concierge Services disclaims all liability for any act or omission of any Supplier or any loss suffered by you as a result of any act or omission of a Supplier, whether arranged through Ana Concierge Services or not.
8.5 Ana Concierge Services shall have no liability to you for any loss, damage, cost, expense, or other compensation claim arising from requests or any instructions provided by you that are incomplete, incorrect, or inaccurate, or arising from their late arrival or non-arrival, or any Member Default.
8.6 Ana Concierge Services shall not be liable to you or deemed to be in breach of these Conditions by reason of any delay in performing, or any failure in the performance of, any of its obligations relating to the Services, if the delay or failure was due to a cause beyond Ana Concierge Services' reasonable control.
8.7 Except as expressly provided in these Conditions, all warranties, conditions, and other terms implied by law or statute are, to the fullest extent permitted by law, excluded from these Conditions.
8.8 This clause 8 shall survive the termination of these Conditions.
9- GENERALITIES
9.1 Confidentiality and Data Protection:
The Services are subject to Ana Concierge Services' privacy policy, incorporated into these Conditions by reference and available at the following web address: [Privacy Policy](link to the privacy policy), which applies at all times in connection with the data we collect from you.
9.2 Assignment and Subcontracting:
a) Ana Concierge Services may at any time assign, transfer, charge, subcontract, or otherwise deal 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 Member may not, without the prior written consent of Ana Concierge Services, assign, transfer, charge, subcontract, or otherwise deal with all or any of its rights or obligations under these Conditions.
9.3 Waiver:
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 shall it 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 expressly provided otherwise, the rights arising under these Conditions are cumulative and do not exclude rights provided by law.
9.4 Severance:
a) If any court or 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 to be 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.
9.5 Amendment:
Ana Concierge Services may modify these Conditions from time to time and will inform you of any changes in a timely manner. Notification will be made by some or all of the following means: Ana Concierge Services Newsletter, the Website, by email, or by phone.
9.6 No Partnership:
Nothing in these Conditions is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor to constitute any party as the agent of another party for any purpose. No party will have the authority to act as an agent for the other party, or to bind the other party in any way.
9.7 Third Parties:
A person who is not a party to these Conditions shall have no rights under or in connection with them.
9.8 Applicable Law and Jurisdiction:
These Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United Arab Emirates, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the United Arab Emirates.