Terms & Conditions
In using this Site www. https://www.amoreaustin.com/ (“Site”, “Site”, “Store”), You are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions (Terms), Privacy Statement and any disclaimer notice and any or all Agreements or Policy: “Customer”, “Client”, “You” and “Your” refers to you, the person accessing this Site and accepting the Company’s terms and conditions. “the Company”, “Ourselves”, “We” and “Us”, refers to Our Company, Amore Austin LLC. “Party”, or “Parties” refers to both the Customer and ourselves, or either the Customer or ourselves.
All rights not expressly granted to You under these terms are reserved to the Company.
You agree that by accessing the Site, You have read, understood, and agreed to be bound by all of these Terms of Service.
last updated 12/08/2021
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. SERVICES
1.1. The Site is bound to provide the agreed services considering Your best interest. The Site agrees to exercise reasonable care and skills in providing all services agreed under these terms and the terms of the Agreement You will be offered to sign once You approve details of the Services. The Site is bound to the meticulous consulting of the Clients, careful selection and supervision of vendors and subcontractors. Based on preliminary discussions, the Company will suggest appropriate vendors, according to Your wishes within Your budget, for the defined fees.
1.2.The Company will exercise reasonable care and skills in locating and recommending any vendors and venues for You. However, the Company is not responsible for the conduct and/or performance of any vendor.
1.3. Nothing in the agreement between Site and Clients shall be construed to create an employee-employer relationship between the Site and the Clients, and this will be a collaborative, professional relationship of equals, where mutual professional respect, courtesy and consideration are expected. The Site is an independent contractor and not an employee of the Clients.
1.4. Should the event require it, the Company will provide assistants in order to fulfill the Agreement. These assistants will abide by all terms of the Agreement between Us and You. The decision to use assistants is at the sole discretion of the Our Company.
1.5. We are entitled to deviate from the agreed services and will use Our own judgement when taking action in regard to changes, weather, tardiness, non- performance etc. based on the situation, time limitations and/or Your wishes.
2. PRIVACY POLICY AND STATEMENT
We are committed to protecting Your privacy. We will only use information collected (such as name, email addresses, etc., more details please find in Our Privacy Policy) to facilitate and deliver Services as a part of Our commitment. Moreover, as We are determined to provide You better Services, We may also use Your email address to promote Our other Services. You can opt out anytime by pressing the unsubscribe button that can be found in every email We send.
3. PAYMENTS; RATES
3.1. When You confirm Your desire to use Our Services, We will send You an email containing Our Agreement defining Our role and responsibilities and invoice listing the amounts You will need to pay. Upon signing the Agreement with Us You will be invoiced with the amount equal to ¾ of the total cost of the event. Our remuneration and expenses will be listed in detail in each Agreement, along with the agreed Service packages.
3.2. You acknowledge and understand that any further Services and arrangements including but not limited to vendors’ and venue’s reservations, food and beverages purchase, floristic orders will only be proceeded upon Client’s full payment of the invoice amount.
3.3. Should any changes be necessary in connection with additional services, additional Assistant’s services, or any other matters solicited with You in advance, Company shall issue an additional invoice for the amount agreed with You to cover the extra costs, and such invoice shall be paid in full no later than within 1 day upon its issuance.
3.4. Company will not be liable for any missed opportunity or booking failure due to Client’s delay of payment. Should such a situation arise Company may substitute You with a similar extra option for such missed opportunity.
3.5. Company is entitled to a $100 security fee which will only be used shall You damage or destroy any property of Company. In such a case Company will provide You with the list of damaged or destroyed items and the amounts for reimbursement which will be deducted from the amount of security fee. In the event You will leave Company’s property undamaged such security fee will be refunded to You within 3-business days following the event date.
3.6. The remaining ¼ of unpaid Total Cost amount must be paid no later than 1 day before the event. Shall You fail to pay the remaining balance due Company will have the right to cancel the event with no refund provided to You and upon a short notice to You.
3.7. Rates. Rates advertised are subject to change without notice. The rate charged will be the rate in effect at the time of Your payment and will be set out on the purchase receipt. We reserve the right to increase our rate due to any reason and at any time. Such rates will always be disclosed in the Agreement and invoice we will send You.
4. TAXES.
Where required by law, applicable Taxes will be added to Your invoice. By making getting Our Services, You agree to pay all Taxes applicable to Your purchase.
5. YOUR RESPONSIBILITIES
5.1. Due to the virtual nature of the relationship, You understand the importance of Our communication, and agree to respond to questions, requests and communications from Us in a timely manner.
5.2. You will provide all content, etc., necessary for any special projects. Source material must be clear and legible. You are solely responsible for providing all pertinent information, and accurate, truthful and complete information, necessary for Us to perform or complete the contracted services.
5.3. You shall not change the date, time or location of the event without first contacting and advising Us of said changes, so as to determine if the Company is still available to provide services. If You change the date, time or location of the scheduled event, and the Company is unavailable to provide services, then the Company is released from all contract obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance.
5.4. Obtaining Our Services, You confirm Your agreement with the following: You will not prevent Company or its vendors from using photographs or video materials created by Company or its Assistants or subcontractors during the event unless solicited otherwise in writing. You further discharge Company from any and all actions, claims and demands of any nature which You may have at any time now or in the future arising out of or related to the rights granted above or Your likeness.
6. CANCELLATIONS
6.1. Any cancellations made by You are non-refundable. At the sole discretion of Company, it may refund the amount which Company may solicit to be refunded from Company’s vendors.
6.2. In case of Your cancellation of the event Company will put reasonable efforts to obtain refunds of the amounts paid to its vendors. You acknowledge that this is Company’s right but not obligation to solicit any such refunds with vendors. You also understand that Company’s service fee is non-refundable in any case.
6.3. If any cancellation occurred due to “acts of God” or any other legitimate condition beyond Company’s control including, but not limited to, inclement weather, fire, COVID-19, etc. You and Company will negotiate another date or place for the event to happen and any amounts which Company will be able to recover from vendors will be applied to the cost of such transferred event. Client agrees that in all such circumstances, Company shall not be liable for indirect or consequential damages arising from any breach of the agreement between You and Us.
6.4. Company reserves its right to cancel this Agreement at any time due to Your abuse of Company’s time and services, hate speech, harassment, violent or dangerous behavior. In such a case You agree that Company will not refund any funds spent by Company to the date of cancellation whether for its own services or paid to vendors prior such cancellation.
7.LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN INTERNATIONAL LAWS AND US STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
8. DISCLAIMER
The information on this Website is provided on an “AS IS” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s materials; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Any action taken in response to information, advice, or suggestion offered through this site, including any content downloaded or otherwise obtained through your use of this site is at your own risk. you will be solely responsible for any actions taken in response to any such information, opinions, advice, or suggestions, or for any loss or damage of any kind arising out of any such action, including any damage to your computer system or loss of data that results from the download of any such content.
9. INTELLECTUAL PROPERTY
Unless otherwise indicated, this Website is Our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our prior written permission.
10. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
We respect the intellectual property rights of others. If You believe that any material available on or through the Site infringes upon any copyright You own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
Designated Copyright Agent
Amore Austin LLC
Attn: Copyright Agent
Amore Austin
PO Box 342261
Lakeway, TX 78734-8777
__________
11. CHANGES TO THESE TERMS
We may modify these Terms of Service at any time by posting changes on the Website; however,
(i) these changes will only become effective and binding with respect to You after Company provides notice on the Website that these Terms have changed and You first use any of the Website following the date of such posting, [TB3] [VZ4]
(ii) the changes will only apply with respect to Your use of the Website after such changes become effective, and
(iii) any change in payment obligations will only apply to Your subsequent purchases on, or usage of, the Website. If at any time You find these Terms unacceptable and do not agree with them, You thereafter will have no right to use or access the Site.
12. CHOICE OF LAW AND JURISDICTION
This Site is controlled, operated and administered from our offices within the USA.
These Terms and Conditions are governed by the laws of the State of Texas. You agree that in the event of any dispute, claim or controversy between or among the parties to this Agreement arising out of or relating to this Agreement or any breach thereof, including, without limitation, any claim that this Agreement or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of the Agreement, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in Austin, the State of Texas.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Site, any advertising or other materials issued in connection therewith, or any content or other material used or displayed on the Site. You understand and agree that no fiduciary relationship is established between You and Us by your use of the Site.
13. ENTIRE AGREEMENT
The Terms and Conditions and Our Privacy Policy constitute the sole and entire agreement between You and Us regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
14. CONTACTING US
For questions or clarifications regarding Our Terms and Conditions or to request data deletion, please contact Us using the following email address: hello@amoreaustin.com
