These Terms and Conditions are an agreement (“Agreement”) between MB Lifestyle Management Group (“MB Lifestyle”, “we”, “us” or “our”) and each user (“you” or “your”) of the website www.mbluxurymanagement.com and services offered by MB Lifestyles.
1. Acceptance
Your use of the MB Lifestyle website and any services purchased is at all times subject to this Agreement. You should read this Agreement and the Privacy Policy carefully and be sure you understand it prior to using the website or purchasing Products. Any use of the website or services is deemed to be irrevocable acceptance of this Agreement. If you do not agree to this Agreement, you should not use, and should immediately exit, the website, and you should not purchase any services. Accessing the website only to review this Agreement or privacy policy, copies of which are available on the website (the “Privacy Policy”), is not deemed to be use of the website.
2. Personal Information
MB Lifestyle may collect personal information from individuals through this website or in the ordinary course of business. All such personal information obtained by MB Lifestyle will be held, disclosed, and used as set forth in the Privacy Policy and in accordance with all applicable law.
3. MB Lifestyle Management Services
MB Lifestyle is a membership-based, luxury lifestyle management company. With an annual membership you receive access to 24/7 support from your private concierge as they learn to anticipate and fulfill your every need and desire. MB Lifestyle is also available on-demand.
The on-demand service allows members to request assistance with specific tasks on an ad-hoc basis.
(a) An annual membership grants you access to a dedicated MB Lifestyle Management Personal Manager who will handle your travel and lifestyle requests. Your Personal Manager will be available to manage your requests throughout the year. In the event of your Personal Manager’s unavailability, we will arrange a replacement to ensure continued service provision.
(b) Your Personal Manager will provide services based on your specific requests, subject to our discretion to decline any instruction that may violate applicable laws, standards, or regulations, or falls outside our scope of services. In such cases, we will promptly inform you, and the declined instruction will not be considered a request.
(c) MB Lifestyle will exercise reasonable care and skill in providing the services, endeavoring to fulfill your requests and follow your reasonable instructions.
(d) Requests may be submitted via telephone, email, or WhatsApp, providing all necessary information for their execution. It is your responsibility to provide accurate and up-to-date information when submitting requests to us. If we are unable to fulfill a request, we will notify you as soon as reasonably practicable.
(e) MB Lifestyle reserves the right to make changes to the annual membership service as necessary to comply with applicable laws or safety requirements, provided such changes do not materially affect the nature and quality of the services. In such instances, we will notify you of any changes.
(f) Your membership is personal and extends to one additional guest. You are responsible for ensuring that only authorized individuals use the services, and your additional guest must comply with the terms and conditions of this contract.
(g) MB Lifestyle retains the right to decline any requests from you if you consistently fail to honor your bookings or violate cancellation policies. In the event of such cancellations or failures, resulting in fees or costs incurred by us, we will invoice you for these expenses at the end of the relevant month of the contract. Payment for these invoices is due within 7 days.
(h) Occasionally, there may be additional expenses associated with providing the services. Any such costs incurred in the sourcing, provision, or delivery of the services will be obtained with your prior written consent, billed to your account, and should be settled by you.
(i) In the case of travel arrangements for which our assistance is required, you acknowledge that it is your responsibility to obtain adequate travel insurance for your journey. It is also your obligation to meet the passport, visa, and other immigration requirements relevant to your trip. Failure to comply with these requirements may result in your inability to travel, for which we do not accept any responsibility.
4. Changes to the Terms of Service
MB Lifestyle reserves the right, at our sole discretion, to revise or replace this Agreement at any time. For instance, we may need to change this Agreement if a new feature to the website is launched or new services are offered. You will be informed about changes to this Agreement on the website, notification by e-mail or by other suitable means. It is your responsibility to check for changes to this Agreement. If you do not agree to the new terms, you must discontinue use of the website and you should not renew your annual membership of purchase any additional on-demand services. If you continue to use the website or purchase services after the revised terms go into effect, then you will be deemed to have accepted the changes to this Agreement. If you are notified of a material change to this Agreement that you do not agree to, you may be eligible to terminate your annual membership as explained in Section 7.
5. Application for Membership
In order to purchase services from MB Lifestyle, you must submit a membership application. You will be asked to provide your contact information, specify services that you are interested in and select a payment option. Upon acceptance of the application, a confirmation email will be sent to the email address provided with contact information for your Personal Manager. As a member of MB Lifestyle, you represent and warrant that: (i) all required registration and account information submitted is truthful, current and accurate; (ii) you will maintain the accuracy of such information; (iii) you will not violate any United States or other applicable law or regulation in connection with the use of the website or purchase of services. If we believe that the information you provide is not correct, current or complete, we have the right to terminate or suspend access to the account. MB Lifestyle may also suspend or terminate your account or access to the website at any time upon becoming aware of any violation or threatened violation of the Agreement, any security or other threat to our systems, technology, business, other people, or other matters warranting such suspension or termination. In the event that your account is terminated or suspended, your account will be placed in inactive status until such time as the deficiency has been remedied to MB Lifestyle’s satisfaction. MB Lifestyle is not responsible for any loss or harm related to your inability to access your account during any period in which your account is in inactive status.
When you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to maintain the security of the account and promptly notify MB Lifestyle if it is discovered or suspected that someone has accessed your account without permission. If, you permit others to use the account credentials, you are responsible for the activities of such users that take place in connection with that account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. MB Lifestyle has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time for good cause, including if we reasonably determine that you have violated any provision of the Agreement.
6. Suppliers
MB Lifestyle strives to work with suppliers who adhere to good industry practices and deliver high-quality services. If we become aware of any issues or concerns regarding a proposed supplier, we will inform you before instructing or introducing them to you. The decision to proceed with instructing the supplier lies with you. The contract for work, goods, or services will be between you and the supplier, and any terms imposed by the supplier will bind you at the time of order. We cannot guarantee or be held responsible for the work, goods, or services provided by third-party suppliers. If you wish to cancel a booking, purchase, or are unable to honor an appointment, reservation, or meeting related to the services, you must inform us. Cancellation fees/charges imposed by the supplier will be your responsibility under the contract with them. While instructing a supplier on your behalf, we are not liable for their actions unless there has been a breach by us. We accept no liability, to the extent permissible by law, for any loss, liability, or cost incurred by you due to any act or omission of a supplier.
You are responsible for all fees charged by suppliers, whether communicated at the time of booking or otherwise, for their services. We will manage payments to suppliers on your behalf, seeking your approval before using your credit or debit card for payments. With your prior consent, we may make payments on your behalf and invoice you for them at the end of the relevant month of the contract. Such invoices must be paid within 7 days.
MB Lifestyle cannot be held responsible for the failure of any suppliers to deliver goods or services that we have booked on your behalf or for any negligence on their part. Nevertheless, we will make reasonable endeavors to assist in the resolution of such matters.
7. Price
You can view all current pricing for the services offered by MB Lifestyle on the website. All prices listed on the website are shown in U.S. Dollars. If you are eligible for a refund, it will be provided in U.S. Dollars. Taxes are not included in price except where otherwise prohibited by law. All sales, excise, use or similar taxes or charges by a federal, foreign, state or local government, which MB Lifestyle may be required to pay or collect, shall be in addition to the price stated and shall be paid by you, unless a valid exemption certificate is furnished therefore.
Additionally, MB Lifestyle may receive a commission ranging from 0.5% to 20% of the value of your order for works, goods, or services from the supplier. We have established commission arrangements with trusted suppliers who, in turn, offer preferential rates and/or other benefits that we are able to extend to you.
8. Payment
MB Lifestyles uses Squarespace to process payments made by customers for its annual membership and on-demand services. The fee for on-demand services shall be paid before the commencement of such services. The fee for the annual membership shall be paid in part or in full before the commencement of such services. Specifically, you agree to make payment annually or monthly, as agreed upon. Fees, including annual membership fees are nonrefundable. MB Lifestyle does not collect or process payment information. Squarespace collects payment method information (such as credit or debit card number, of bank account information, purchase amount, date of purchase and, in some cases, information about the services). We recommend that you review the privacy policy of Squarespace to learn more about how it handles your personal information at https://www.squarespace.com/privacy.
If you choose to pay for the services on a monthly basis, you will pay a recurring fee for your annual membership and access to your Personal Manager. Membership fees will not be pro-rated. We will automatically charge membership fees at the end of each month. This means that once you become a member, your membership will be automatically renewed and your payment method will be debited, unless you opt-out or cancel as set forth in Section 9. If any amounts owed hereunder are not received by MB Lifestyle’s payment processor by the due date, services will be suspended until payment is received and/or payment methods are updated. If our services are suspended for nonpayment, MB Lifestyle will not be liable for any resulting loss, damage or expense connected with such suspension.
9. Termination of Membership Services by Customers
Generally, membership fees are nonrefundable. However, you have the right to terminate your membership with immediate effect in the following circumstances: (a) MB Lifestyle has notified you of an upcoming, material change to this Agreement that you do not agree to; or (b) MB Lifestyle has breached a material term of this Agreement that cannot be remedied. If you are terminating your membership based on one of these reasons, your membership will end immediately, and we will provide a prorated refund for the portion of the annual membership that has not been rendered.
You also have the right to cancel your membership within 14 days after completing your membership application (“Cancellation Period”) without any specific reason and to receive a refund. If you exercise your right to cancel within the Cancellation Period, you will be refunded the membership fee, with deductions for any services we have already provided and expenses incurred up until the date of cancellation. It is important to note that by authorizing us to commence services immediately, if you exercise your right to cancel during the Cancellation Period, you will be responsible for all fees related to work performed prior to cancellation.
Annual memberships must be cancelled at least 14 days prior to the conclusion of your annual membership period. If you choose to terminate your membership without cause before the renewal date or the anniversary of any subsequent renewal date, there will be no prorated refund for fees already paid or fees owed for the balance of the annual membership. If you do not let MB Lifestyle know that you want to cancel your membership at least 14 days prior to the end of the current annual membership period, your subscription will be automatically renewed for an additional year and your payment method will be debited.
10. Termination of Membership by MB Lifestyle
MB Lifestyle reserves the right to terminate this Agreement with you if you breach any of its terms. We have the absolute discretion to immediately terminate your membership or suspend the services if there are valid reasons to do so. Additionally, we may end the Agreement by providing written notice to you if you fail to make payment within the specified timeframe, even after receiving a reminder from us. In the event that MB Lifestyle terminates the Agreement, we will refund any pre-paid amount for services not yet provided. However, we may deduct or charge you reasonable compensation to cover the net costs incurred as a result of your breach of the Agreement. We will notify you in writing if we intend to terminate your membership.
11. Prohibited Uses
You shall not use the website or services sold by MB Lifestyle: (1) in a manner inconsistent with this Agreement; (2) in any way that violates any applicable federal, state, local, or international law or regulation; (3) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (4) to transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation; (5) to impersonate or attempt to impersonate MB Lifestyle, a MB Lifestyle employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm MB Lifestyle or users of the website or expose them to liability.
Additionally, you agree not to: (1) use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (2) use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website; (3) use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent; (4) use any device, software, or routine that interferes with the proper working of the website; (5) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; (7) attack the website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the website.
12. Third-Party Content and Websites
The information presented on or through the website is made available solely for general information purposes, some of which is provided by third parties (“Third-Party Content”). We do not warrant the accuracy, completeness, or usefulness of this information, including Third-Party Content. Any reliance you place on such information is strictly at your own risk. All statements and/or opinions expressed in these materials, and all articles and responses to questions, and other content, other than the content provided by MB Lifestyle, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MB Lifestyle. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third-Party Content.
The website may also contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). We do not warrant the offerings of any of these entities or individuals. Your use of a Third-Party Site or service will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. Your use of the website may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website, or service that you visit or use.
13. Ownership of Website
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MB Lifestyle, its licensors, or other providers of such material and are protected by copyright and other intellectual property laws of the United States and/or other countries.
This Agreement permits you to use the website in connection with your personal lifestyle needs. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website. You also must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by MB Lifestyle. Any use of the website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
We have no responsibility for content on other websites that you may find or access when using our website or our services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use for those websites govern your use of that material.
14. Disclaimer of Warranties Related to the Website
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MB LIFESTYLE NOR ANY PERSON ASSOCIATED WITH MB LIFESTYLE, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. MB LIFESTYLE DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability
IN NO EVENT SHALL MB LIFESTYLE BE LIABLE TO A CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT MB LIFESTYLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING IF THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MB LIFESTYLE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO MB LIFESTYLE PURSUANT TO THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Indemnification
You shall indemnify, defend and hold harmless MB Lifestyle from all costs, damages, expenses, fines, liabilities, losses, penalties and payments (including, but not limited to, fees and disbursements of counsel to MB Lifestyle) resulting from, or relating to, (a) your failure to perform any obligation or assume any responsibility pursuant to this Agreement or the Privacy Policy, (b) any warranty or representation made by you in this Agreement or the Privacy Policy being untrue or misleading in any respect, or (c) any unauthorized use of the website or MB Lifestyle service by you.
17. Governing Law and Jurisdiction
This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the State of New York, without regard to its conflicts of laws rules. The state and federal courts located in the City of New York and County of New York shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. If there is any conflict or inconsistency between any provision of this Agreement and any provision of any applicable law, the latter shall control.
18. Users from Other Jurisdictions
The website and business operations of MB Lifestyle are controlled and operated from the United States. We do not represent or warrant that the website is appropriate, lawful, or available for use in any particular jurisdiction. Those who choose to access the website or purchase services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the website and services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.
19. Waiver
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
20. Severability
Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.
21. Entire Agreement
This Agreement and the Privacy Policy, along with any other document referenced therein, constitute the sole and entire agreement between you and MB Lifestyle regarding the website and our Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website and our Products.
22. Force Majeure
Neither party will be responsible for failure or delay of performance if caused by: any pandemic, quarantine, an act of war, hostility, or sabotage; act of God; electrical, Internet, or telecommunication outage that is not caused by the obligated Party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
23. Expenses
Except as provided by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing this Agreement.
24. Our Contact Information
If you have any questions, feedback, complaints or wish to report a violation this Agreement, please do not hesitate to contact us as follows:
Phone: 347.975.4577
E-mail: [email protected]