1.Interpretation & General
- In these terms and conditions:
(a) "We", "Us", "Our(s)" refers to Our Personal Assistant
(b) "You" and "Your" refers to the customer identified;
(c) "Service(s)" refers to Our range of work that We carry out for You;
(d) "Agreement" means the contract for Service(s) between You and Our Personal Assistant which may be entered into from time to time in accordance with these Terms and Conditions.
(e) "Service(s)" are the services You have engaged Us to undertake on Your behalf from time to time;
(f) "Customer" refers to any person purchasing Service(s) from Our Personal Assistant
(g) "Our Personal Assistant" refers to Our Personal Assistant ABN 73102251912
(h) "Time" refers to time bought by You;
(i) "Quote" refers to a document provided by Our Personal Assistant to the Customer outlining the Service(s) to be provided by Our Personal Assistant
(j) "Supplier(s)" are third parties / suppliers We have engaged on Your behalf to carry out Services at Your request and include, the Supplier's company officers, employees, agents and subcontractors.
(k) "Terms & Conditions" refers to these terms and conditions set out in this document as well as any special terms and conditions agreed in writing between Our Personal Assistant and the Customer.
- Payment & Rates
- We offer a complimentary initial consultation for new customers.
- We may vary rates from time to time and advise by written notice to You.
- Services and products supplied by any Supplier will be charged separately. Please refer to clause 5 of these Terms and Conditions regarding Suppliers.
- Payment shall be payable in advance or COD upon receipt of invoice. Once payment is received, we can proceed with the required Service(s), provided you have also complied with all necessary requirements including, but not limited to, providing Us all the necessary consents, licences and permissions, and all requested information referred to in clause 7 of these Terms and Conditions, to enable Us to perform the Service(s).
- From time to time it may become necessary for Us to issue a further invoice to You for additional Service(s) undertaken or Service(s) provided, or where there is a variation to the Service(s) set out in the original Quote. If so, payment shall be made before the additional service(s) are undertaken.
- Any expenses (examples include, but are not limited to postage, shopping, travel arrangements) will need to be provided to Us by You in advance as account credit, or by direct debit as agreed and on your behalf. Where you instruct us to purchase on your behalf, you agree to your account credit or the amount direct debit to our bank account as agreed. Receipts for all purchases made on Your behalf will be issued to You so long as You have sufficient account credit or have direct debited funds to us for the purchases.
- Time purchased is non-refundable.
- Cancellation of any appointments and bookings must be in writing at least 24 hours in advance, via email in accordance with clause 10, stating clearly that You wish to cancel.
- Cancellation in less than 24 hours of any appointments or bookings will be charged at 50% of the booking value, and will be deducted from Your account or funds previously forwarded to us for that service(s).
- The full price of services will be charged if you fail to provide any notice of cancellation.
- You have the right to cancel in accordance with clause 2.2 except where:
- We have carried out some or all of the agreed Tasks; and/or
- A Supplier has been engaged by Us on Your behalf.
- In the event You cancel in accordance with clause 2.3. We are entitled to recover from You any monies paid by Us for Services or products You have requested.
- Working hours
- Our normal working hours are 9am till 6pm Monday to Friday and by appointment outside of these hours.
- Every effort will be made to ensure that Supplier(s) put forward by Us are qualified, insured, and competent to carry out the services required to a proper standard. However, we shall not be held responsible or liable for products and services carried out by any Supplier(s), including if the Supplier products or services fall below standard.
- Where We engage a Supplier(s) on Your behalf, We act only in the capacity as an introductory agent. We will endeavour to provide You with Supplier Terms & Conditions where available but We are not liable if We do not provide the Supplier Terms and Conditions to You.
- We accept no liability for any information, material or Services provided to You by, or exchanged with, any Supplier. Should You contract or decide to contract with any Supplier, the contract is strictly between You and the Supplier. Any payment or monies required by the Supplier is Your responsibility and will be paid in accordance with Your contract with that Supplier.
- We accept no liability for any dispute arising from any agreement made between You and any Supplier; and You indemnify and release Us from liability in relation to any claim, dispute or action arising between You and the Supplier.
- Unless You have requested or agreed to a particular Supplier or specific charge for services, we will make every conscious effort to ensure that the Supplier's charges are reasonable and competitive. However, we will not be held responsible for any Supplier charges, whether or not You consider those charges are reasonable, or for any Supplier charges for any services negotiated, and agreed, by You directly with the Supplier.
- Complaints regarding a Supplier should be made in the first instance to the Supplier. We request that you contact us to advise of any issue/dispute with a supplier so that we can maintain/update/add a notation regarding the supplier to Our records.
- These are the Terms & Conditions of supply of Services offered by Us to You from time to time.
- In the event of any inconsistency with any other terms, these Terms & Conditions shall prevail.
- We reserve the right to change these Terms & Conditions from time to time and will provide reasonable notice to You.
- Nothing in these Terms and Conditions shall affect Your statutory rights as a consumer.
- Our Personal Assistant’s information and suggestions will be based upon specific criteria provided to Us, and We will act in accordance with instructions provided by You, and will assume all information provided by You is accurate, true and correct
- Any Service requiring ticket purchases, bookings or reservations will be subject to the terms & conditions of the Supplier or operator, to which you agree, upon instructing Us, to purchase or book on Your behalf.
- When engaging Our Services, you agree to pay for the service(s) up front before any service(s) are carried out.
- Whilst all efforts shall be made to ensure products or services purchased from Suppliers are genuine, We shall not be held liable should any product or document (examples include but are not limited to, event tickets or merchandise) purchased by Us, for You on Your behalf, is subsequently found not to be genuine or is not accepted by another party / Supplier.
- We will endeavour to source the highest quality products and services (examples include but are not limited to groceries, catering, car valet etc.) possible for Your budget at all times, however, we will not be liable for Supplier products or services that you deem not acceptable or up to Your standards.
- When purchasing tickets, goods or services (examples include but are not limited to restaurants, hotels and tickets) for You, on Your behalf, you agree that all sales are final and no refunds or cancellations will be issued after purchase from the Supplier. You will be held responsible for any cancellations you make, or any monies forfeited as a result of you cancelling or changing a booking. In the circumstance where an event is cancelled, we will not be responsible for any loss or damage that you may incur as a result of the event being cancelled.
- We reserve the right to refuse any request that We deem inappropriate.
- Customer's Responsibilities
- You agree to provide us with any requested information that may be necessary and to comply with all requirements which are requested by Us when obtaining a Quote on your behalf. Or from time to time, that may be reasonably necessary to enable Us to perform the Services.
- You will be responsible for obtaining at your cost and providing to Us and/or the Supplier any consents, licences and permissions from other parties necessary for Us to provide any Services requested by you.
- You shall not use the Services for any improper, immoral or unlawful purpose, or for any other purpose other than that for which You inform Us at the time of the initial request.
- In the event that You request that We use Your credit card and/or other credit facilities in relation to the Services, you shall, as soon as reasonably practicable, provide Us with a written confirmation authorising Us to use such facilities. You acknowledge and accept that We shall not be liable in any way whatsoever with regards to the use of Your credit card/or other credit facilities provided that We act in accordance with Your instructions.
- Gift Vouchers
- Gift vouchers that have been purchased are fully transferrable. We accept no liability for stolen gift vouchers.
- Your gift voucher pays for Our Personal Assistant’s time only and cannot be applied to costs incurred by third party suppliers.
- Gift vouchers shall be delivered by email. We shall not be held liable or responsible for any loss, damage or delay as a consequence of using an incorrect email address that is provided to Us, or where an email is blocked by filters or firewalls. If you require the gift voucher to be delivered by any method other than by email, a further charge may be payable by You to Us.
- Limitation of Liability
- We shall not be held liable for any loss, cost, damage, including but not limited to personal injury, death, or expense howsoever caused resulting from the provision of the Service(s) or arising from requests or instructions supplied by You, or service(s) supplied by the Supplier.
- Except as required by law, we do not give any guarantee, warranty or representation as to the quality, fitness for purpose or otherwise of Service(s) supplied by Us or services or goods supplied by Suppliers.
- In relation to any loss, cost, or damage including, but not limited to, personal injury, death or expenses, you agree not to seek any compensation from Us but, where applicable, You may seek compensation from Suppliers directly.
- Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party. Any notice may be sent by email, and notice shall be deemed to have been served at the time of transmission.
- It is Your responsibility to decide whether insurance is required in relation to a Service, and which insurance cover is appropriate, and We shall not be held liable or responsible for any loss or damage incurred as a result of You choosing the incorrect insurance cover, or for any other reason.
- Unforeseen events
- Neither party shall be in breach of its obligations, or incur any liability, to the other party if the failure to perform its obligations is a result of an unforeseen event including, but not limited to, acts of God, terrorism, accidents, war, labour disputes or strikes.
- The party affected by the unforeseen event shall, as soon as reasonably practicable, provide notice of the unforeseen event to the other party. The parties shall resume the normal performance of the Agreement as soon as reasonably practicable and the party affected by the unforeseen event shall be entitled to a reasonable extension of time to perform its obligations.
- If any provision (or part of it) of these Terms & Conditions is held to be unenforceable or invalid in any jurisdiction, then it shall be interpreted as narrowly as necessary to allow it to be enforceable or valid.
- If a provision (or part of it) of these Terms & Conditions is held to be unenforceable or invalid and cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then:
(a) the provision (or part of it) must be severed from these Terms & Conditions;
(b) the remaining provisions (and remaining part of the provision) are valid and enforceable.
- Jurisdiction & Governing Law
- These Terms & Conditions and the Agreement to which they relate shall be governed and construed in accordance with the laws in force in Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria.
- Acceptance of Terms and Conditions
- If you accept Our offer to provide Services to You, you will be regarded as having entered into an Agreement with Our Personal Assistant. This means You will be bound by the Terms and Conditions set out in this document. Acceptance of these Terms and Conditions may be by any one of the following ways:
(a) signing and returning a copy of this document accepting the Terms and Conditions;
(b) stating in writing by email or by payment of Our invoice, that You accept the Terms and Conditions;
(c) giving us instructions at any time after receiving this document, whether the Services We provide are provided immediately after You accept the Terms and Conditions, or whenever We provide Services to You from time to time.
- License and Ownership
The copyright for the content on this website is owned by Our Personal Assistant and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the written consent of Our Personal Assistant, and all custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Our Personal Assistant.