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TERMS AND CONDITIONS QM LIFESTYLE

WEBSITE REGISTRATION

To access the full range of services and information on the QM Lifestyle website, you must first register.
It is mandatory that you provide correct personal information when registering on the website. Failure to do so may invalidate your registration and access to our services. It is your responsibility to provide accurate information and you must notify QM Lifestyle immediately should any information you provide change.
QM Lifestyle will issue you a Virtual Card upon registration. This card will provide certain advantages and benefits with QM Lifestyle partners.
Your registration is personal, only to you. It is your responsibility to ensure that no one (other than your personal assistant on your behalf, where applicable) uses your registration.
Access to and use of your profile on the website is through a username and password combination. You are solely responsible for maintaining the confidentiality of your username and password and agree to notify QM Lifestyle immediately if you believe there has been any breach of security, including unauthorized use of your username and password.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with QM Lifestyle’s privacy policy.

PROVISION OF SERVICES

QM Lifestyle will provide the Services to its customers in accordance with their specific requests, provided that QM Lifestyle shall not be obliged to provide or facilitate the provision of goods and/or services that it considers, in its sole discretion, to violate applicable laws , rules and/or regulations or may offend good taste and decency in the relevant jurisdiction.
QM Lifestyle shall have the right to make any changes to the services that are necessary to comply with any applicable law or safety requirement, or that do not materially affect the nature or quality of the services.
The services will be provided in English or Portuguese.
Outside of normal business hours (or as may be required from time to time), customer questions and/or requests may be referred to QM Lifestyle’s strategic partners for assistance.
You acknowledge that QM Lifestyle reserves the right to accept commissions on the supply of products or performance of services by any supplier or partner.
Telephone calls to QM Lifestyle may be monitored or recorded for training and quality control purposes.
QM Lifestyle will provide the services with reasonable care and skill and, so far as reasonably possible, in accordance with requests and instructions.

ORDERS

Customers may place orders by telephone, email, sms and whatsapp.
QM Lifestyle, acting reasonably, reserves the right to withdraw any of the services and/or refuse to accept any orders at its sole discretion.
If QM Lifestyle is unable to deal with any request, it will inform the customer as soon as reasonably practicable.
As a customer you undertake that all details provided for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit card and/or payment you use are your own and that you have sufficient funds to cover the cost of the product or service.
At times, the purchase or provision of certain services, products or benefits may incur a service or management fee from QM Lifestyle (of which you will be notified in advance) and, if applicable, you authorise QM Lifestyle to invoice you for such charges.

CANCELLATIONS, REFUNDS, AND RETURNS

The Customer acknowledges that the sales contract for the supply of goods and/or services made as a result of an order is between the customer and the relevant supplier and that QM Lifestyle is not a party to such contract. Cancellation of contracts with suppliers should be handled directly with the supplier and will be subject to the supplier’s relevant policies.
If an order for a specific product or service is not available, QM Lifestyle may offer replacement products or services of similar description and standard.
All descriptions of any products, services or benefits on the website have been approved by the relevant supplier. QM Lifestyle will not be liable for inaccurate or misleading descriptions.
Payment for all products and services will be due immediately upon acceptance of the order by QM Lifestyle or supplier.

You further acknowledge that for goods or services purchased on your behalf by QM Lifestyle directly from a supplier, returns and exchanges will be subject to that supplier’s terms and conditions and returns or exchanges of goods and services may not always be permitted. In circumstances where QM Lifestyle is requested to supply a specific item, QM Lifestyle shall inform the customer of that supplier’s refund and exchange policy in advance. QM Lifestyle will not be liable to the customer when a supplier does not accept the return or exchange of an item.
It will be the customer’s sole responsibility to retain all receipts / proof of purchase from any supplier on our website.
When orders are delivered outside the EU, any applicable customs duties and sales taxes will not be reimbursed by QM Lifestyle. It will be the sole responsibility of the customer to recover such money. QM Lifestyle will have no responsibility for any items held by any customs or border agency.
In the event that QM Lifestyle is the direct provider of a service, product or event, we will be fully responsible for any claim for return or refund. In this case QM Lifestyle reserves the right to retain a fee for the handling of such request.

SUPPLIERS

We are responsible for providing the services, products and benefits you request from us. QM Lifestyle will communicate with suppliers on its behalf unless you wish to contact them directly.
Suppliers may impose their own terms and conditions which in all cases apply to the supply of goods and/or services by that supplier, and such terms and conditions will be binding upon you at the time of your order.
When ordering a product or service or accessing a benefit, you may be required to provide your payment card details. If you request and authorise QM Lifestyle to use your payment card to pay a supplier, you acknowledge and agree that QM Lifestyle shall have no liability or be liable in any way in relation to the use of your payment card, provided that QM Lifestyle acts in accordance with instructions issued by you in relation to the use.
You acknowledge that benefits are subject to availability and may change from time to time.
If QM Lifestyle’s performance and any of its obligations under these conditions is impeded or delayed by any act or omission of the customer or failure of the customer to comply with any relevant obligation:

QM Lifestyle shall, without limiting its other rights or remedies, have the right to suspend performance of the services until the client corrects the errors or impediments and the client agrees to hold QM Lifestyle harmless from performance of any of its obligations until they are corrected;
QM Lifestyle shall not be liable for any costs or losses suffered or incurred by the customer arising directly or indirectly from QM Lifestyle’s failure or delay in performing any of its obligations as set out in this clause 5.
The customer shall reimburse QM Lifestyle upon written request for any costs or losses suffered or incurred by QM Lifestyle arising directly or indirectly from the customer’s error or impediment.

LIMITATION OF LIABILITY

The contract for the supply of products or services is made only with the relevant supplier. QM Lifestyle acts as an agent of the supplier and, unless expressly provided otherwise, all your rights and remedies are against the supplier.
As a customer you acknowledge that any contract entered into with any supplier is an independent contract. QM Lifestyle disclaims any and all liability for any act or omission of any supplier or for any loss incurred as a result of any act or omission of a supplier, whether or not arranged through QM Lifestyle.
QM Lifestyle shall have no liability to the customer for any loss, damage, costs, expenses or other claims for compensation arising from orders or any instructions supplied that are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival or forgetfulness by the customer.
QM Lifestyle shall not be held liable or deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of QM Lifestyle’s obligations in relation to the services, if the delay or failure was due to any cause beyond QM Lifestyle’s reasonable control.
Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
This clause 6 shall survive the termination of these Conditions.

COMMENCEMENT AND TERMINATION

These Conditions shall come into force and be binding upon your registration on the website or from the moment you place an order via the website or directly by email, whatsapp or sms to QM Lifestyle. These Conditions will apply for the duration of your registration or duration of the order until TERMINATION, and will only cease to have effect upon expiration or termination of your registration or information that you no longer wish to make use of our services. You agree that your only rights and remedies under these Conditions will be against QM Lifestyle and no other entity.

Privacy and Data Protection

The services and your registration are subject to QM Lifestyle’s privacy policy, incorporated into the website. The Privacy Policy applies at all times in relation to any data we collect.

Assignment and Subcontracting:
QM Lifestyle may at any time assign, transfer, charge, sub-contract or deal in any other way with all or any of its rights under these Conditions and may sub-contract or delegate in any way any or all of its obligations under these Conditions to any third party or agent.
You shall not, without QM Lifestyle’s prior written consent, assign, transfer, charge, subcontract or deal in any other way with all or any of your rights or obligations under these Conditions.

Waiver:
A waiver of any right under these Conditions is effective only if in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by either 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 prevent or restrict its further exercise. No single or partial exercise of any such right or remedy shall prevent or restrict the subsequent exercise of that or any other right or remedy.
Unless specifically provided otherwise, the rights arising under these Conditions are cumulative and do not exclude rights provided by law.

Severability:
If a court or any other 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 necessary, be deemed to be severed, and the validity of the other provisions of these Conditions shall not be affected.
If any invalid, unenforceable or illegal provision of these Conditions is found, and if any part thereof is deleted, the provision shall be enforced with the minimum modification necessary to make it legal, valid and enforceable

Variation:
QM Lifestyle may vary these Conditions at its discretion and will notify you of any changes in a timely manner. Notification will be made by some or all of the following: QM Lifestyle’s newsletter, the website, by email or by telephone. Your continued use of your registration constitutes acceptance of such variations to these Conditions.

No Partnership:
Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between either party, nor shall any party constitute the agent of another party for any purpose. No party shall have authority to act as agent for or bind the other party in any way.

Third Party:
A person who is not a party to these Conditions shall have no rights under or in connection with them.

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 Portuguese law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Portugal.


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