Terms and Conditions
The following provisions constitute the terms and conditions of membership
with MODE31
Getaways, Inc. DBA
MODE31 Luxury Lifestyle Management (“MODE31”)
agrees to provide
the services detailed
herein and in exchange for said services Member (“member”), hereby
agrees to the following
terms and conditions referred to collectively herein as “Terms and Conditions”).
Rules
1.1 All membership applications are subject to approval by MODE31. MODE31 will
notify all
applicants in the event their membership application has been accepted. Applicants
shall
not acquire any membership rights or privileges until such time as applicant
has been
approved and notified of application approval by MODE31.
1.2 Member hereby acknowledges that MODE31 will be relying on the information
provided to
MODE31 on the Client Profile and the Credit Card Authorization. Inaccuracies
in the Client
Profile and Credit Card Authorization my result in delay or inaccuracies in
the processing of
Member Services and shall constitute grounds for cancellation of Membership.
Your
responsibility to provide accurate information is a continuing obligation,
and Member must
notify MODE31 in the event that any information provided by members changes
or
becomes inaccurate.
1.3 Member assumes responsibility for any and all use of Member’s account,
including charges
associated therewith. Member assumes responsibility for ensuring that no one
(other than
the member’s personal assistant, or other designated person(s) uses member’s
account
Membership Fees, Cancellations, and Renewals
2.1 The annual membership fee is as follows:
Inner Circle is $1,850, Executive is $7,500, The VIP is $18,500. Membership
shall include one
member plus a spouse or partner. Member shall be notified of any increase in
the current
Membership fee within 30 days of any increase. The annual membership fee shall
be in addition
to any transactional fees and costs charged by MODE31 for services provided
to member.
2.2 Membership fees shall be billed annually. Membership fee due upon application.
Member
shall thereafter pay membership fees annually in advance.
2.3 Membership fees shall be fully refundable within the initial seven (7)
days of membership of
membership. Thereafter, membership may be cancelled at members request with
a full
refund of the remaining balance due prorated from cancellation date to end
of
membership term
2.4 For out of office services performed at the request of the member, member
shall be
charged a sum of Thirty dollars ($30.00) per hour, for time used to complete
the requested
service (“service fees”).
2.5 Member acknowledges that during the course of performing requested services
for
Member, MODE31 may incur certain costs and expenses, including but not limited
to costs
associated with the purchase of merchandise for member. Members aggress to
reimburse
MODE31 for all costs and fees incurred by MODE31 in the course of providing
Member
with services.
2.6 Member authorizes MODE31 to deduct annual membership fees based on a quarterly
basis
by credit card indicated on Member’s credit card authorization. Member
further authorizes
MODE31 to deduct service fees and costs by credit card indicated on Member’s
Credit
Card Authorization on the day or next business day following the charges being
incurred.
2.7 MODE31 reserves the absolute right to cancel or suspend membership (at
its sole
discretion) for any reason whatsoever. If MODE31 cancels your membership, it
shall refund
the prorated balance of the annual membership fee for the remainder of the
membership
year paid. Member acknowledges that any and all fees accrued through the date
of
member’s cancellation shall have been earned by MODE31 and shall not
be refunded to
member.
Membership Confidentiality
3.1 During the course of member’s application to MODE31 and MODE31 providing
services to
member, member acknowledges that MODE31 shall be collecting certain private
and
confidential information from member in order to better serve member’s
request.
3.2 MODE31 agrees to take responsible measures to ensure the confidentiality
of the
information collected from member and acquired through the course of providing
member
services.
Using Your Membership
4.1 Membership hereby agrees to direct all requests for services to MODE31
through the
contact number provided by MODE31, or such other contact information which
MODE31
may provide to member from time to time. Requests for services shall only be
accepted
once member’s application has been approved and the initial membership
fee received.
4.2 MODE31 agrees to provide concierge services to members upon request. Concierge
services provided by MODE31 shall be limited to arranging any lawful personal
service,
including but not limited to, provision of information, access to events, activities
and venues,
personal goods and services.
4.3 MODE31 reserves the right to withdraw any of these services and/or to refuse
to supply the
services requested without prior notice to member
4.4 If MODE31 is unable to fulfill any request, it will inform member as soon
as reasonably
practical.
4.5 Member hereby acknowledges that MODE31 shall be acquiring certain goods
and services
from third parties on behalf of member (“suppliers”). Suppliers
are responsible for providing
member with the services products, and benefits selected by member. MODE31
will
communicate with suppliers on your behalf unless it is more appropriate for
member to
contact the supplier directly or if such direct contact may be required by
the supplier.
4.6 Member acknowledges that suppliers may impose their own terms and conditions
and
member shall be required to comply with terms and conditions as applied by
the suppliers.
4.7 Member represents that all details provided to MODE31 for the purpose of
booking,
ordering, or purchasing products or services are correct, that the payment
method
indicated on member’s credit card authorization is his/her own and that
there are sufficient
funds to cover the cost of the product or service requested.
4.8 Unless otherwise agreed by the supplier, member shall not be entitled to
cancel any services
requested where, on your instructions, performance has already begun.
Liability
5.1 MODE31 warrants to member that MODE31 shall use reasonable efforts to provide
the
services with reasonable care and skill and, as far as reasonable and possible,
in
accordance with your request and instructions. Where MODE31 supplies member
with any
goods or services supplied by a third party, then MODE31 is acting as your
agent in
sourcing the goods and services. MODE31 will use reasonable care in selecting
the supplier
and ensuring the order is placed in accordance with your wishes. Member is
deemed to be
responsible for, and shall use member’s own skill and judgment as to,
the quality, value, and
suitability of such information and suggestions in relation to deciding whether
to enter into
any contract with any third party for the supply of services or sale of goods
and whether to
engage MODE31 to supply said services on behalf of member.
5.2 Member’s contract for the purchase of products or services is made
with the relevant
supplier only. MODE31 acts as an agent for the member in the acquisition of
goods and
services and MODE31 makes no representations or warranties regarding any product
or
service acquired for or on behalf of member. Any claims relative to member’s
dissatisfaction with any product or service member agrees to direct to the
appropriate third
party supplier and member agrees to hold MODE31 and its employees harmless
for any
and all loss, damages, or injury associated with member’s dissatisfaction.
5.3 Member acknowledges that MODE31 shall be acting as an agent of member only
to the
extent detailed in this agreement. Member further acknowledges that MODE31
does not
produce or manufacture any products but solely acts as a facilitator between
Member and
supplier. MODE31 will, however, do everything it reasonably can to assist member
in any
dealings member has with the supplier.
5.4 Member agrees that any contract entered into by member with any of the
suppliers is an
independent contract from any agreement between MODE31 and member. MODE31
hereby disclaims any and all liability for any act or omission of any supplier
or any loss
incurred by member as a result of any act or omission of a supplier whether
or not arranged
through MODE31.
5.5 MODE31 accepts no liability for any losses or claims arising from any inability
to complete a
transaction, provided such inability is caused by factors reasonably outside
of the control of
MODE31.
5.6 Except for resulting death and personal injury caused by the gross negligence
of MODE31
or as expressly provided for in the provision of the services or member’s
reliance upon the
information and suggestions provided by MODE31 hereunder and the resulting
supply of
goods and services to Member by any third party.
5.7 MODE31 shall have no liability to member for any loss, damage, costs, expenses
or other
claims for compensation arising from requests or instructions supplied by member
which are
incomplete, incorrect, or inaccurate or arising from their late arrival or
non-arrival, or other
fault of member.
5.8 MODE31 shall not be liable to member or be deemed to be in breach of these
terms and
conditions by reason of any delay in performing, or any failure to perform,
any of MODE31’s
obligations in relation to the services, if the delay or failure was due to
any cause beyond
MODE31’s reasonable control.
5.9 Except in respect to death and personal injury, and subject to the provisions
of these terms
and conditions, MODE31’s maximum liability to member for breach of any
of its obligations
hereunder shall be limited to the value of the annual membership fee. In no
event shall
MODE31 or its employee’s be liable for consequential damages relating
in any manner to
services provided or to be provided by MODE31 to member.
Changes to these Membership rules
6.1 MODE31 may vary these terms and conditions form time to time and will notify
member of
any changes in a timely manner. Notification will be by some or all of the
medium:
6.1.1 Email
6.1.2 Regular mail, certified mail, or overnight carrier
6.1.3 Your continued use of your membership constitutes acceptance of the altered
terms
and conditions.
Applicable law and jurisdiction
These terms and conditions and your membership with MODE31 are governed by
the State of
Georgia and are subject to the exclusive jurisdiction of the courts of the
State of Georgia
Notice
Please direct all communication, including requests for services as follows:
Email: info@mode31.com
Tameka Howard
o 404.816.4411
f 404-816-2669
c 404.552.4593
www.mode31.com
960 East Paces Ferry Rd #218
Atlanta, GA 30303