Terms & Conditions

Definitions:

– “Event” means the backyard movie night in which Chick Flick & Chill has been engaged by you to plan and organize;

– “Event Date” means the date of the Event;

– “Planner” means Chick Flick & Chill;

– “Fees” means the fees agreed upon between Chick Flick & Chill and You as set out in the relevant quotation;

– “Your company / You” means the client who is engaging Chick Flick & Chill for the Event.;

User’s Acknowledgment and Acceptance of Terms

By using this website you are agreeing to be bound by these terms of use. The Terms of Use sets forth the standards of use for the website www.chickflickandchill.com. By using the Chick Flick & Chill website, you (the “User”) agree to these terms and conditions. If you do not agree with the terms and conditions, you should immediately exit this website. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. We reserve the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted to the website. Your continued use of this website and contents herein after any such amendments constitutes an acknowledgement and acceptance of such modifications. Except as may be modified or amended by Chick Flick & Chill, the Terms and Use may not be otherwise modified or amended.

As used in these Terms of Service, references to our “Affiliates” include suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Terms & Conditions :

  1. Terms of Payment: Fees shall be agreed as stated on the website. 50% of the Fees plus a $60.00 damage deposit is required as deposit at the time of booking and final payment is due 24 hours before Event Date. The damage deposit is refunded at time of equipment pickup. Payment may be made by credit/debit card). 

  2. Cancellation: You can cancel at any time up to and including the morning of your event. However, due to the custom nature of our events your deposit is NON-REFUNDABLE. Being "too cold" does not qualify for a deposit refund. A request for change of dates will be based on availability of the preferred date.

  3. Delivery fee:  All bookings 25 miles outside of area code 02115 will require a $30 delivery fee.

  4. Failure: Planner reserves the rights to terminate the delivery of goods and/or services in its entirety should you fail in fulfilling any of the Terms & Conditions stated herein.

  5. Change: You shall not change the date, time and/or location of the Event as listed in the booking.

  6. Permission: You confirm that the Planner is given the right and permission to use any and all images, both photographic prints and digital images and videos or other recording media, in their advertising, studio, literature, event exhibitions, editorial, trade or any other purpose and in any manner and medium. You release the Planner and its legal representatives and assigns from all claims and liability relating to said photographs, videos or other recording media. It is agreed that the Planner may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by the Planner. You acknowledge that this is for promotional purposes only and does not expect any compensation of any kind. There shall be no expiration period for this permission.

  7. Loan Items: The Planner shall at all times retain ownership of any items loaned to you (“Loan Items”) for the Event. All risks of loss or damage to the Loan Items from any cause will be assumed by you. The Loan Items shall be returned in the condition received from the Planner and the security deposit for the Loan Items as stated in the booking shall be refunded. Where the Loan items are damaged or lost, You shall be required to reimburse the Planner for the cost of the Loan Items.

  8. Limit of Liability: The Planner warrants and declares that every effort will be made to provide high quality services. You fully understand and agree that the Planner shall not be responsible or held liable in the event the Planner is prohibited from providing services due to illness, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God such as inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the Event. The Planner will make every attempt to notify you and to provide for a substitute Planner who can provide services if time and resources permit. In any event, the Planner, his agents and assigns shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any services resulting from such incapacitations, non-arrival, errors and/or omissions of any type. In no event shall the Planner (and/or its related entities), officers, directors, employees, or agents, be liable to you for any damages howsoever resulting from any errors or omissions in any content or for any loss or damage or claims of any kind incurred as a result of you engaging of the Planner or the acts or omissions of you and/or your family, friends, guests, contractors, workmen, other vendors, suppliers), whether based on warranty, contract, tort, or any other legal theory, and whether or not the Planner is advised of the possibility of such damages. Further, the Planner bears no liability whatsoever for any compensation or damages for any form of injuries, disputes, damages, damages to property, indirect loss, direct loss, consequential loss or deaths as a result of the acts and/or omissions of any individuals or entities and participation and/or attendance of any individuals or entities during, before, and after the Event. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

  9. Weather contingency: In the event of extreme or inclement weather on the date of your outdoor movie, we will work with you to find a mutually agreed upon alternate date. We will closely monitor weather forecasts in advance and maintain open communication with you

  10. Non-guarantee: Although every possible care will be taken to plan the Event and vendors for the Event, the Planner cannot place an unconditional guarantee on the above. In the event that any vendor cancels prior to the Event, you agree that the Planner may substitute a new vendor with advance notice to you and any additional costs are to be paid by you.

  11. Indemnity: You shall indemnify and hold the Planner harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs or expenses whatsoever or howsoever arising as a result of: (a) any omission, breach or non-compliance by you of these terms and conditions; and (b) any act or omission by your guests for the Event and/or any individuals or entities participating in or attending the Event and any form of injuries, disputes, damages, damages to property, indirect loss, direct loss, consequential loss or deaths arising or resulting therefrom during, before, and after the said Event; including without limitation, those arising from or in connection with third party claims for breach of contract, personal injury, damage and/or loss, defamation, failure to obtain the relevant licenses, the infringement of any patent, trademark, copyright or other intellectual property rights..

 

TERMS OF USE OF THIS WEBSITE

1) GENERAL

This website is owned and operated by Chick Flick & Chill, LLC..

These terms and conditions (“Terms”) constitute a legal agreement between the Planner and you. By accessing www.chickflickandchill.com (“this website”), you affirm that you are either more than 21 years of age and are fully able and competent to legally enter into the Terms, and unconditionally accept to be legally bound by these Terms. You are only authorized to use this website if you agree to abide by this Agreement. Please read these Terms carefully as your entry, access and use of this website is governed by these Terms and by entering, accessing and using this website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms, you must immediately leave this website and discontinue using it and any of the services provided therein.

In case of violation of these Terms, the Planner reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all visits to this website, both now and in the future.

The Planner reserves the right to change these Terms from time to time at its sole discretion. All changes will be posted on this page and your use of this website after such changes have been posted will constitute your agreement to the modified Terms and all of the changes. You should therefore read the Terms carefully each time you visit this website.

This website is controlled and offered by us from our facilities in the United States. We make no representations that this website is appropriate or available for use in other locations. Those who access or use this website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.

In order to participate in certain activities or services offered on this website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.

These Terms shall be construed and governed by the laws of the United States and by accessing this website, you agree and submit to the non-exclusive jurisdiction of the courts of the United States.

 

2) RESTRICTION ON USE OF MATERIALS

All rights, title and interest in the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations, and software (“Contents”), are either owned or controlled by the Planner or licensed to it.

All Contents and the general design and content, are protected by copyright, trademark and other laws relating to intellectual property rights.

No materials from this website may be modified, used, displayed, reproduced, republished, and/or distributed in any way whether for commercial or non-commercial purpose, without the prior written permission of the Planner.

You shall indemnify the Planner against any losses, expenses, costs, or damages incurred as a result of your breach of the Terms or your unauthorized use of the Contents and related rights.

2.1 We grant you permission to use the Contents strictly in accordance with these Terms, provided always that:

(a) your use of this website and the Contents as permitted is strictly and solely for your information and for your personal use for the purchase of the products sold by us (“Approved Use”);

(b) you will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of this website and the Contents in any medium or format without our prior written consent;

(c) you will not alter or modify any part of this website other than as expressly permitted by us;

(d) you will retain and display the credits and copyright notices (including without limitation to our name, bylines and the original source of the Contents) and/or trademarks belonging to PLANNER provided with the Contents;

(e) upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Contents from your premises, computer system or other forms of storage (whether physical or electronic) and databases; and

(f) you will otherwise comply with the terms and conditions of these Terms.

 

3) NO REPRESENTATION

This website has been compiled in good faith by the Planner, but no representation is made or warranty given as to the completeness and accuracy of the information presented.

 

4) DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLANNER (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PLANNER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;

(C) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication, or ANY unauthorized ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the Internet or on any of the WEBSITE or combination thereof, including any injury or damage to USERs or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website;

(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR

(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE =\CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

THE PLANNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.

The Planner does not warrant or make any representation regarding the correctness, reliability, or otherwise of any materials in this website or the results of their use.

The Planner does not warrant that the materials contained in this website or this server that it makes available is free of any virus or harmful elements.

All Contents are provided without any warranty and on an “as is where is basis”- any use of the materials is at your own risk. The Planner disclaims all warranties and representations, whether express, or implied, by law or statute – in particular the warranties disclaimed include but are not limited to implied warranties concerning merchantability, satisfactory quality or fitness of the materials for any particular purpose and/or that the materials does not infringe any third party right.

The electronic transmission of any document or information from you through or to us is entirely at your own risk.

 

5) LIMITATION OF LIABILITY

IN NO EVENT SHALL THE PLANNER (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:

(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;

(C) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication, or ANY unauthorized ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the Internet or on any of the WEBSITE or combination thereof, including any injury or damage to USERs or to any person’s computer related to or resulting from participation or downloading materials in connection with thIS Website;

E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; AND/OR

(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

To the maximum extent allowed by applicable law, under no circumstances, including, but not limited to negligence, shall the Planner be liable for any damages (including without limitation any special or consequential damages) that result from the use of, or the inability to use, any of the Contents. Any website may include technical inaccuracies or typographical errors. To the extent any law does not allow the above disclaimer or renders the above disclaimer invalid, the maximum amount that the Planner may be liable for shall not in any case exceed the lower of the actual amount paid by the relevant user/claimant to the Planner or RM1.

The Planner reserves the right to update or modify this website from time to time. Changes may be made to the website from time to time at the discretion of the Planner.

The Planner further reserves the right to deny or restrict access to this website to anyone at any time and/or to block access from a particular internet address to this website, at any time, without ascribing any reasons whatsoever.

 

6) INDEMNITY

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:

(a) your use of and access to our Website;

(b) your violation of any term of these Terms; or

(c) your violation of any third party right, including without limitation any intellectual property, property, or privacy right.

This Clause will survive these Terms and your use of this website.

 

7) NO AGENCY

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is created by these Terms.

 

8) NOTICE

Except as explicitly stated otherwise, any legal notices to the Planner shall be served on 7, Jln 3/115A Tmn Pagar Ruyong, 58200 Kuala Lumpur. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.

 

9) ASSIGNMENT

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.

 

10) GENERAL

These Terms and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Website.

The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms is unlawful, void or unenforceable, that provision (or such part thereof) is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

Overview of Our Services

To ensure the quality of the Chick Flick & Chill experience, we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you’ve broken the terms of service and this may result in a termination of your account.

Events are non-transferable. You cannot sell or give away your event.

Events can be canceled at any time. Deposits are NON-REFUNDABLE.

As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.

Confidential Information

For purposes of this Agreement,  confidential Information is to be broadly defined and includes all information which has or could have commercial value or other utility in the business in which you are engaged or contemplating engaging in or the unauthorized disclosure of which could be detrimental to the interests of you or your company, you identify such information. Confidential information shall include, but is not limited to:

  1. Technical information concerning your products and services, including product know-how, formulas, designs, devices, software code, test results, processes, inventions, research products and product development, technical memoranda and correspondence;

  2. Intellectual property, meaning copyrights, design rights, patents, designs, registered designs, trademarks, service marks (or an application for any of these), inventions (whether patentable or not), invention disclosures, discoveries, improvements, processes, test and qualification processes, schematics, specifications, formulae, procedures, proprietary information, know-how, technology, trade secrets, technical data, works of authorship (whether copyrightable or not), mask works, software (in source code and object code forms), databases, data collections and documentation and all copies and tangible embodiments of any of the foregoing throughout the world in whatever form or medium. 

  3. Information concerning your business, including cost information, profits, sales information, accounting and unpublished financial information, business plans, markets and marketing methods, customer lists and customer information, purchasing techniques, supplier lists and supplier information and advertising strategies; 

  4. Information submitted by your customers, suppliers, investors, consultants or yourco-venture partners for study, evaluation or use; and

  5. Any other information not generally known to the public which, if misused or disclosed, could reasonably be expected to adversely affect your business.

  • Exceptions to Confidential Information.  Chick Flick & Chill obligations with respect to any portion of  your confidential information as set forth above shall not apply when you can document that (1) it was in the public domain at the time you communicated it to Chick Flick & Chill; (2) it entered the public domain at the time it was communicated by you to Chick Flick & Chill through no fault of your own; (3) it was in your possession, free of any obligation of confidence, at the time it was communicated to Chick Flick & Chill; (4) it was rightfully communicated to you, free of any obligation of confidence, subsequent to the time it was communicated to Chick Flick & Chill; (5) is independently developed by Chick Flick & Chill or a Virtual Assistant without using your confidential information; or (6) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Chick Flick & Chill’s rights or property, or the rights or property of Virtual Assistants or our other clients. 

  1. If the client is constantly requesting tasks outside the scope of their service plan and we’re unable to find a solution by scaling back the requests

  2. If the client is abusive to his/her assistant or any other Chick Flick & Chill team member

Governing Law  

This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. 

Arbitration

In case of a dispute between the parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.  If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration under the rules of the American Arbitration Association, in any county included in the Choice of Law Provision.