Membership Terms & Conditions
Effective Date: []
These Membership Terms and Conditions (the “Terms”) form a binding contract (the “Contract”) between Black Opal Concierge Services Inc. (“Black Opal”, “we”, “us”, “our”) and the individual or entity purchasing or using a membership (“Member”, “you”). By selecting “I agree”, creating an account, paying for a membership, or using our concierge services, you accept these Terms.
For all purposes and the services provided hereunder, we will be acting as your agent and not as principal, for the purposes of introducing you to, or engaging for you at your request, third party suppliers whose competence we have preliminarily assessed and who, at the time of introduction, held applicable qualifications and insurance (if required).
Concierge Service means Black Opal’s personalized concierge assistance delivered by phone, app, email, or messaging and includes procuring goods/services from third‑party providers of goods or services (including hotels, restaurants, travel providers, event organizers, retailers, and ticketing agencies) engaged by Black Opal, as agent for the Member, at the Member’s request. (collectively, the “Suppliers”).
Membership means any Black Opal membership tier (private, corporate, or white-label).
Payment Card means a credit, debit, or charge card the particulars of which we hold on file for you.
3.1 What we do. We provide personalized recommendations, requests handling, bookings, and arrangements with Suppliers. Selected elite tiers may include a dedicated consultant and out-of-hours support by an elite team.
3.2 Third-party nature. Many goods/services are provided by Suppliers (e.g., hotels, restaurants, ticketing agencies, travel providers, event organizers, retailers). Suppliers are solely responsible for their goods/services, schedules, policies, and availability and Black Opal is not liable for any issues or claims that may arise in respect thereof or relating thereto.
3.3 Travel. All travel services are facilitated through third-party partners. We are not liable for changes, cancellations, delays, or other issues arising from travel providers.
3.4 Events & Tickets. Tickets/guest list access are controlled by venues and event organizers. Entry may be denied at their discretion. Tickets are non-refundable, non-transferable, and no changes are permitted unless the organizer allows it. If you cannot attend, no refund is provided. If entry is denied, no refund is provided.
3.5 Right to decline. We may decline any request that we consider unsafe, unlawful, unethical, excessive, or outside our risk tolerance or service scope.
4.1 Minimum term. Membership has a minimum 12-month term.
4.2 Auto-renewal. After the initial term, memberships auto-renew for successive periods equal to the initial term (unless specified otherwise for your tier).
4.3 Cancellation window. You may cancel effective at the end of the current term by providing written notice at least 30 days before the end of the then-current term.
4.4 Renewal reminder. We will send a renewal reminder to your primary email at least 30 days before renewal.
4.5 Effect of cancellation. Cancellation stops future term renewals; it does not entitle you to a refund for any portion of the current term unless required by law or these Terms.
4.6 Suspension/termination by us. We may suspend or terminate for non-payment, breach, unlawful requests, or misuse. If we terminate for convenience, we will refund the unused portion of pre-paid membership fees (pro-rata).
5.1 Membership fees. Fees and inclusions/exclusions for each membership tier are described at the point of purchase, in an applicable tier schedule or appendix, or in an order form, all of which are incorporated by reference and form part of this Contract.
5.2 Pass-through costs. You are responsible for all Supplier costs (e.g., tickets, travel, reservations, purchases) and any disclosed rush, after-hours, or special handling fees.
5.3 No refunds for services. No refunds are provided once services are purchased/fulfilled, except if a Supplier offers a refund, in which case we will pass through the refund amount net of commissions, fees, and non-recoverable charges. This does not limit any non-waivable statutory rights.
5.4 Authorization. You authorize us to use your Payment Card on file to (a) collect membership fees on a recurring basis, and (b) charge for Supplier costs and applicable fees you approve (including approvals given via phone, app, email, or messaging).
5.5 Card updates. You will maintain a valid Payment Card and promptly update it upon request. We may use card updater services where available.
5.6 Chargebacks. You agree not to file chargebacks for amounts authorized under these Terms. If you believe a charge is incorrect, you must notify us promptly; we will investigate in good faith.
5.7 Taxes. Fees are exclusive of applicable taxes, which you must pay.
5.8 Service Fees & Commissions. Black Opal may charge service fees, planning fees, hourly consulting rates, booking fees, or earn commissions or other compensation in connection with reservations, travel arrangements, event access, or other services arranged on behalf of Members. Unless expressly stated otherwise in writing, quotes provided by Black Opal are inclusive of applicable Black Opal service fees, commissions, and administrative charges. Certain third‑party suppliers may impose their own fees, taxes, gratuities, or surcharges which are outside of Black Opal’s control. By proceeding with or approving a booking or service request, Members acknowledge and accept that Black Opal may receive such compensation.
6.1 Accuracy. Provide accurate, complete information (e.g., names, dates, preferences, ID where required, guest list details).
6.2 Compliance. Do not request or use services for unlawful, unsafe, or age-restricted purposes.
6.3 Single-user membership. Unless expressly stated for your tier, membership is for one individual and cannot be used by others. You are responsible for all activity on your account.
6.4 Property access (if applicable). If you request on-premise services or access, you confirm lawful authority to grant access and agree to provide clear instructions. We are not responsible for pre-existing conditions or items not expressly inventoried; we do not hold cash or irreplaceable valuables.
6.5 Reasonable use. You will use the service reasonably and not in a manner that degrades performance or harasses staff or Suppliers.
7.1 Channels. You consent to communications via email, phone, app, SMS, and messaging (e.g., WhatsApp) for service delivery.
7.2 Records. We may retain records of requests and communications to fulfill services, for quality assurance, to prevent fraud, and to resolve disputes.
7.3 Marketing. We send marketing communications only with your consent and as permitted by law; you can unsubscribe at any time.
7.4 Records of Acceptance and Authorization. Black Opal may retain records evidencing a Member’s acceptance of these Terms, Privacy Policy, and payment authorizations, including the date, time, method of acceptance, and applicable version, for compliance, audit, and dispute-resolution purposes.
8.1 Agency. You appoint Black Opal as your agent to source, request, and place orders/bookings with Suppliers per your instructions and approvals.
8.2 Supplier terms. Your purchases are subject to Supplier terms and policies (including cancellation, changes, refunds, entry policies, and conduct). You agree to comply with them.
8.3 No endorsement. We do not guarantee the availability, quality, or suitability of any Supplier. Selection is ultimately your decision.
To the maximum extent permitted by law, Black Opal disclaims all warranties and representations (express, implied, statutory), including merchantability, fitness for a particular purpose, and non-infringement. The Concierge Service is not an emergency service and does not provide professional (legal, medical, financial) advice.
10.1 Cap. To the maximum extent permitted by law, Black Opal’s total liability arising out of or relating to the Contract shall not exceed the membership fees paid by you to Black Opal in the 12 months preceding the event giving rise to liability.
10.2 Exclusions. We are not liable for any (a) lost profits, revenue, goodwill; (b) indirect, incidental, special, exemplary, punitive, or consequential damages; (c) acts/omissions of Suppliers; (d) venue or organizer decisions (including denial of entry); or (e) travel provider changes/cancellations.
10.3 Carve-outs. The cap and exclusions do not apply to liability that cannot be limited under applicable law, or to losses caused by our fraud or wilful misconduct.
You will indemnify and hold harmless Black Opal and its personnel from third-party claims, losses, costs (including reasonable legal fees) arising from: (a) your breach of these Terms or Supplier terms; (b) unlawful or unsafe requests; (c) inaccurate or incomplete information (including guest list submissions); or (d) property access provided at your request (if applicable).
We may suspend the Concierge Service for non-payment or misuse. Neither party is liable for delay/failure due to events beyond reasonable control (including outages, strikes, acts of God, epidemics, or government action).
We may update these Terms; material changes will be notified to you (e.g., email or in-app). Changes take effect on the stated effective date. By continuing to use the Membership after the effective date, you accept the changes. If you do not agree, you may cancel per Section 4.
These Terms are governed by the laws of the Province of Alberta and applicable federal laws of Canada. The parties submit to the exclusive jurisdiction of the courts of Alberta, sitting in Calgary.
15.1 Assignment. You may not assign without our consent; we may assign to an Affiliate or in connection with a corporate transaction.
15.2 Notices. Notices must be sent to the contact details in your account; our contact is: Black Opal Concierge Services Inc. | [Postal Address] | katrina@blackopal.ca.
15.3 Entire Agreement. These Terms and any order form/tier description constitute the entire agreement and supersede prior proposals or understandings regarding Membership.
15.4 Severability; Waiver. If a term is unenforceable, the remainder remains in effect. No waiver is effective unless in writing.