Terms and Conditions
1.1. References to “eslifestyle.com.au”, “ES Lifestyle”, “Essential Solutions Lifestyle”, “Essential Lifestyle Solutions”, “us”, “our” and “we” in the terms and conditions (“Terms”) are references to Essential Solutions Pty Ltd (ACN 158 996 439), a company registered in Australia under the Corporations Act 2001 (Cth).
1.2. References to “member”, “customer”, “you” and “your” in these Terms are references to a person aged 18 years or older who has become a member of eslifestyle.com.au (“Member Account”).
1.3. These Terms apply to the use of all eslifestyle.com.au Member Accounts and to services (the “Services”) requested by you and provided to you either via telephone or the internet.
1.6. These Terms shall be governed by and construed in accordance with the laws of New South Wales. Each member submits to the exclusive jurisdiction of the New South Wales Courts in respect of any dispute or matter arising from these Terms.
1.7. Our team is there to help you and it is in everybody’s interests to ensure that queries and disputes are settled as quickly and amicably as possible. Your Lifestyle Manager and/or our customer services team will endeavour to provide prompt and considerate attention to any errors, enquiries and disputes.
2. Definitions and Interpretations
a) “error” is a mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, typographical mistake, technical hazard, force majeure and/or similar.
b) “website” means eslifestyle.com.au.
c) “Request” means any task, action or errand that is performed by us in the provision of the Services, and that can be completed within a 20 minute time period.
The following rules of interpretation apply to these Terms unless the context requires otherwise:
a) headings are for convenience only and do not affect interpretation;
b) the singular includes the plural and conversely;
c) a reference to person includes:
i. a body corporate, an unincorporated or other entity and conversely; and
ii. a reference to that person’s executors, administrators, successors, permitted assigns and substitutes;
d) a gender includes any gender;
e) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
f) a reference to a specific document is to that document as amended, supplemented, varied or replaced;
g) the word “includes” in any form is not a word of limitation;
h) a reference to dollar, $, A$, AUD$ or $A is to Australian currency; and
i) a reference to legislation includes but is not limited to a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument under it.
3 Member Responsibility
3.1. You agree that you are responsible for:
- ensuring all records relevant to your Member Account, for example your telephone number and address, are kept up to date;
- ensuring the security details and passwords relevant to your Member Account are kept confidential;
- notifying us as soon as practical if you suspect unauthorised use of your Member Account and/or if you suspect that your security details and/or passwords are no longer confidential. Upon receiving this notification we may issue you with new Member Account details; and
- all activity conducted through your Member Account including all requests for The Services that are made using your user-name and security details.
- You acknowledge and agree that you are only permitted to hold one Member Account, unless otherwise agreed with us. If we identify that you have more than one Member Account then we reserve the right to consolidate all Member Accounts into the first Member Account originally opened by the member.
- You agree that as the Member Account holder that you, or any additional account holder (“Additional Account Holder(s)”) nominated by you are the only person(s) permitted to use your Member Account.
- You agree that you are responsible for any use the the Services associated with your Member Account by any other person.
4.1. Eslifestyle.com.au provides, either directly by us to you, or through the use of a third party supplier (“Supplier”) numerous types of personal assistance, concierge and lifestyle management services for our members. The Services include, without limitation:
a) Make and confirm hotel reservations
b) Visa arrangements
c) Arrival and departure destination transfers
d) Create personalised itineraries
e) Prepare a travel checklist
f) Provide detailed destination information
g) Organise unique travel experiences
h) Facilitate ‘Away from home’ services for example: organising the collection of mail, a house sitter
i) Arrange returning services including transport, grocery shopping
j) Weekend breaks and getaways
k) Unique, adventure and luxury experiences
l) Organise Dinner reservations, catering and hospitality
m) Arrange tickets for the cinema, sport, theatre, concert and special events
n) Organise Bespoke and private dining experiences
o) Private boat hire and cruising
p) Discreet and VIP access to venues
q) Join ‘Guest Lists’ for news bars and clubs
r) Butler and in-house services
s) Special Event planning – venue research, catering, florists, styling
t) Sourcing unique and celebratory gifts for any occasion
u) Organise Private shopping tours
v) Personal styling
w) Bespoke tailor services
x) Subscriptions to magazines and experiences
y) Client Gifts and hampers for friends, clients and corporate partners
z) Staff rewards
aa) Gift wrap and delivery
bb) Arrange Personal fitness and training services
cc) Book Spa and beauty treatments
dd) Golf memberships and tee off times
ee) Wine storage
ff) Sourcing rare and imported wines
gg) Cooking classes and schools with renowned chefs
hh) Health, yoga and pilates retreats
ii) Life coach
jj) Deal with customer service on your behalf
kk) Manage your calendar and schedule appointments
ll) Organise bookkeeping and personal administration services
mm) Manage your online accounts
nn) Find and order products and services
oo) Internet research on places, people, companies and services
pp) Find Local facts and figures
qq) Research product prices, availability and comparisons
rr) Relocation and new location services
ss) Home management and everyday living services
tt) Sourcing qualified tradesmen
uu) Personal chef services
vv) Nannies and babysitters
ww) Home computer and internet services
xx) Professional home and cleaning services
4.2. The following Services will not be provided by Eslifestyle.com.au:
a) any Service Requests involving the use of illegal channels, any Service Requests which are deemed as immoral and/or unethical or Service Requests which contravene any applicable laws in force;
b) Services in countries which are the subject of Australian Government sanctions.
4.3. Service Suppliers
4.3.1 At the members request, eslifestyle.com.au may book or purchase items, goods or services from external Suppliers on the members behalf. You accept that you will need to provide us with details of your nominated payment method in order for us to make bookings or purchases on your behalf.
4.3.2 The member will be informed of the cost and options, if available, before any booking or purchase is made on behalf of the member. We will not incur any costs on behalf of the member unless his/her/their prior consent has been received.
4.3.3 Upon request, Eslifestyle.com.au will provide the member with a clear and detailed breakdown of any costs associated with the provision of a Service from a Supplier described in section 4.1 prior to arranging the service. The following are the responsibility of the member:
a) Cost of goods/services purchased;
b) any deposit required to be paid;
c) costs of cancellation/no show;
d) delivery/shipping costs including insurance costs;
e) custom duties and import taxes;
f) costs incurred in transferring funds to fulfil a Service Request;
g) funds advanced to fulfil a Service Request.
To the extent possible, goods and services acquired on behalf of a member will be charged directly by the Supplier to the member. If we advance funds for goods and services, we shall bill that amount to the members nominated payment method.
4.3.4 Eslifestyle.com.au will not refund, credit or be held responsible whatsoever for any bookings or purchases made on behalf of a member. We will not be held accountable, liable or responsible in any way for bookings or purchases made on your behalf that are lost during shipping, arrive late, damaged etc. If you have a dispute in relation to the goods or services purchased on your behalf, we would advise that you contact the Supplier directly.
4.3.5 Eslifestyle.com.au will not locate, book or purchase items, goods or services on behalf of a member:
a) for large scale commercial use;
b) when customs regulations prohibit the shipping of the items or goods to the member;
c) which are prohibited under applicable law or which contravene popular moral or ethical standards.
4.4. Eslifestyle.com.au reserves the right to change, modify, suspend or discontinue any aspect of the Services at any time. Eslifestyle.com.au may also impose limits on the use of Services.
5.1. Eslifestyle.com.au provides access to the Services in the form of membership subscriptions (“Subscriptions”).
5.2. Unless otherwise specified, Subscriptions are valid for a period of one (1) calendar month from the date of activation (the “Subscription Period”).
5.3. All Subscriptions are made available on a pre-paid basis only. That is, the Subscription must be paid for in full at the commencement of the Subscription Period.
5.4. Subscriptions are automatically activated when we receive notification from our payment processors that your Subscription payment using your nominated payment method has been successful, unless otherwise declared by us.
5.5. You must have a valid, active Subscription in order to access the Services.
5.6. Subscriptions are automatically renewed at the expiry of the Subscription Period (the “Renewal Date”). You consent and allow Eslifestyle.com.au to use your nominated payment method to process your Subscription renewal payment, unless you notify us that you wish to cancel your Subscription.
5.7. We offer a number of Subscription types (“Tiers”). These Tiers are currently defined as:
c) Deluxe; and
5.8 You may only have one active Subscription per Member account.
5.9.1. You can cancel your Subscription at any time, provided you submit your cancellation request at least 24 hours prior to your Renewal Date. In order to cancel your subscription, you must advise us in writing, either through the use of the cancel subscription function on our website, or via email addressed to firstname.lastname@example.org.
5.10.1 Notwithstanding anything contained elsewhere in these Terms, refunds of Subscription fees will only be permitted in the following circumstances:
a) If, within three (3) days of a Subscription being activated, a member requests in writing that their Subscription be cancelled and Subscription fee be refunded; AND
b) the member has not utilised the Services within the three (3) day period.
5.11 Changing Subscriptions
5.11.1 You are allowed to change your Subscription Tier at anytime. A change to your Subscription Tier is treated as one of the following:
a) Upgrade – when you are changing your Subcription to a Tier with a higher Subscription fee (“Upgrade(s)”); or
b) Downgrade – when you are changing your Subcription to Tier with a lower Subscription fee (“Downgrade(s)”).
5.11.2 Upgrades take place immediately, at which point you will be charged the full fee for your new Subscription Tier, less any pro-rated prepayment of your current Subscription Tier.
5.11.3 Downgrades take place at the end of your Subscription cycle (i.e. the Renewal Date), at which time you will be charged for your chosen Subscription Tier.
5.12 Request credits
5.12.1 Request credits are the mechanism used to monitor and track the usage activity associated with your Subscription. Each Request credit entitles you to twenty (20) minutes of our time, and that time will be used by us to fulfil your request for Services (“Service Request”). Each Subscription Tier is automatically allocated a number of Request credits upon activation. Currently, the number of Request credits allocated to each Tier is:
a) Classic – 10 Request credits;
b) Club – 25 Request credits;
c) Deluxe – 50 Request credits;
d) Elite – 100 Request credits.
5.12.2 Lifestyle Express Request credits are used to access the Services outside Business Hours. Each Lifestyle Express Request credit entitles you to twenty (20) minutes of our time, and that time will be used by us to fulfil your Service Request. Subscription Tiers are automatically allocated with a number of Lifestyle Express Request credits upon activation. Currently, the number of Lifesyle Express Request credits allocated to each tier is:
a) Classic – 0 Lifestyle Express Request credits;
b) Club – 0 Lifestyle Express Request credits;
c) Deluxe – 5 Lifestyle Express Request credits;
d) Elite – 10 Lifestyle Express Request credits.
5.12.3 Each Service Request may require us to use multiple Request credits to fulfil. For example, if your Service Request requires forty (40) minutes of our time to complete, then two (2) Request credits will be used and deducted from your Request credit balance.
5.12.4 You may specify the maximum number of Request credits you would like us to expend on any Service Request, however we cannot guarantee that the Service Request can be completed within the number of Request credits that you have specified. If this is the case, we will contact you to request that you authorise us to use additional Request credits to complete your Service Request. If you do not authorise the use of additional Request credits, then we will use our best endeavours to fulfil as much of your Service Request as possible, and you accept that the Service Request may only be partially completed, or not fulfilled to your complete satisfaction.
5.12.5 Unless otherwise specified, we will only use a maximum of 8 Request credits for any Service Request. If your Service Request requires the use of more than 8 Request credits, we will contact you and:
a) request that you authorise the use of additional Request Credits; or
b) advise that your Service Request cannot be completed using Request credits. In this scenario, we can offer to provide you with a quote on an hourly rate or project fee to complete your Service Request.
We reserve the sole right to determine whether a Service Request can or cannot be completed using Request credits.
5.12.6 Request credits and Lifestyle Express Request credits are non-transferable, and cannot be sold or given away or transferred to another Member Account unless specifically authorised by us.
5.12.7 You must have a positive Request credit balance in order to make a Service Request. We will not commence work on fulfilling a Service Request unless you have sufficient Request credits available.
5.13 Service Requests
5.13.1 Your Service Requests will be assigned to one of our representatives (“Lifestyle Manager”) in order to attempt to fulfil your request. Where possible and/or practical, we will attempt to assign your Service Requests to the same Lifestyle Manager.
5.13.2 You can submit Service Requests at any time, however your Lifestyle Manager will only be available to work on fulfilling your request between 8:00am to 06:00pm AEST Monday through Friday (“Business Hours”).
5.13.3 Access to our Services outside Business Hours can be facilitated using our after hours service (“Lifestyle Express”). Lifestyle Express is available from 06:00pm to 10:00pm AEST Monday through Friday, and 10:00am to 04:00pm on Saturdays. When submitting a Service Request, you must specify whether you want to utilise the Lifestyle Express service. Use of the Lifestyle Express service is available by:
a) using available Lifestyle Express Requests credits; or
b) using available Request credits. If using Request credits, then a 100% surcharge is applied. For example, if your Service Request required one (1) Request credit to complete, then a surcharge of one (1) Request credit will be applied, resulting in a total deduction of two (2) Request credits from your available balance; or
c) purchasing Lifestyle Express Request credit for AUD 30 each. Payment by your nominated payment method is required at the time of your Lifestyle Express Request credit purchase.
5.13.4 Service Requests must be submitted in the following format:
a) via the relevant form on our website; or
b) via email sent to email@example.com; or
c) via email sent directly to your Lifestyle Manager; or
d) via telephone using the number provided at the time you became a member.
6. Our Rights
6.1. We reserve the right to close or suspend any customer’s Member Account at any time without limitation and without giving prior notice or reasons. If we close a Member Account, we will refund, on a pro-rata basis, the balance of any active Subscription, unless declared otherwise by us.
6.2. We reserve the right to suspend or deny any customer’s access to the Services, or to close or suspend any customer’s Member Account at any time if any of the following occur:
a) you have not acted in good faith or we suspect fraudulent activity or collusion;
b) you are in breach of these Terms;
c) you are in breach of any relevant federal, state or local laws; and/or
d) any other circumstances where it is reasonably necessary in order to protect our legitimate interests.
If we close a Member Account due to clause 6.2.a) or 6.2.b) or 6.2.c) or 6.2.d) occurring, then no refunds for the balance of any active Subscription will be given, unless otherwise declared by us.
6.3. You acknowledge and agree that we may disclose your identity and details, including details, records or documents associated with your Member Account when required by law, a government department or agency or other authority (whether or not having the force of law) where such action is necessary to comply with, but not limited to:
a) all applicable laws and standards;
b) a current judicial proceeding;
c) a court order;
d) a police enquiry; and/or
e) a legal process correctly served.
6.4. You acknowledge that we may be required by law to disclose your identity and details, including details, records or documents associated with your Member Account and you agree that we cannot be held liable to you in any way if we make a disclosure that we are obliged by law to make.
6.5. If we have formed the reasonable belief that you have been unlawfully using your Member Account, you acknowledge and agree that we may report such belief to relevant government agencies, including law enforcement agencies without prior notice to you.
6.6. Whilst every care is taken, we do not accept responsibility for any incorrect information published on our website as some information is provided from third parties. We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the website or its content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the site or its content or any errors or omissions in content.
6.7. You acknowledge that we may record all telephone discussions with you when you lodge a dispute or make an inquiry. We will also make records of all equivalent electronic transactions that occur via our website or email addresses. You agree to such recordings and/or records being made.
6.8. We have the right to suspend or cease operating our business or providing our Services at any time without notice. We also have the right to change the method of operation of our systems, including the method of submitting Service Requests.
7.1. You agree to fully indemnify eslifestyle.com.au, its shareholders, employees, officers, directors, licensees, distributors, affiliates, subsidiaries, agents for any loss, damage or claim (including reasonable legal fees) in relation to the foregoing that may be incurred as a result, or in consequence of, your access to the Website(s), downloading or installation of the Software, use of the Services, and/or by reason of any breach of any of these Terms.
8. Limitation of Liability
8.1. In no event will ES Lifesyle, any of its partners, providers, affiliates, including their respective directors, employees or representatives, be liable for any indirect, incidental, compensatory or punitive damages or damages resulting from loss of profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the service.
8.2. You agree to indemnify, defend and hold harmless ES Lifestyle, its service providers, and each of their subsidiaries, affiliates, directors, members, partners, employees, lifestyle managers, attorneys and agents and their respective successors and assigns, if any, (collectively the “Indemnified Parties”) from and against all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys’ fees and costs) arising from or relating to your use of the Services .
8.3. Recommendations of third party Suppliers are at your own risk and ES Lifestyle shall not be held responsible for any dissatisfaction from any service or product. The decision to use any third party service Supplier is totally your own, and is only a recommendation by us and holds no guarantees for satisfaction. Complaints or refunds should be directed to the specific Supplier and not to ES Lifestyle. The Lifestyle Managers’ comments and recommendations presented are based on research and opinions collected by the concierges, and are subject to change at any time. In addition, all responses will be provided based upon all reasonable research and efforts on behalf of our Lifestyle Mangers.
8.4. We use all reasonable endeavours to monitor the goods and/or services provided by our Service Suppliers but we cannot accept responsibility for any loss, liability or cost incurred by you as a result of any acts or omissions of Service Suppliers nor can we guarantee the accuracy of information supplied to you by Service Suppliers. No guarantees can be given on behalf of any Service Supplier. You shall require seeking compensation for any loss or damage suffered directly from the Service Supplier.
9.1. If any provision of these Terms is considered illegal or unenforceable, it may be severed without affecting the validity, existence, legality and enforceability of the remaining provisions.
9.2. We are not liable for any default arising from an act of God, flood, earthquake, rock fall, landslide, lightning, fire, explosion, epidemic, quarantine restriction, blockade, civil insurgence, act of terrorism, war, breakdown or destruction of plant and equipment, or a government act or regulation that is beyond our reasonable control.
Nothing in these Terms is intended to have the affect of contracting out of any applicable statutory consumer guarantees or any implied condition or warranty, the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void