Terms of Service
1. Acceptance of Terms; Binding Agreement
These Terms of Service (the “Terms” or this “Agreement”) constitute a legally binding agreement between you (“Client,” “User,” “you,” or “your”) and The Poseidon Group Services, LLC, a Florida limited liability company doing business as Poseidon Lifestyle Concierge Group (“Poseidon,” “Company,” “we,” “us,” or “our”), governing your access to and use of Poseidon’s website, client portal, online forms, membership enrollment and checkout functionality, electronic communications features, and any other websites, applications, portals, interfaces, or digital functionality owned, operated, controlled, or made available by Poseidon that link to or incorporate these Terms (collectively, the “Digital Services”), together with any Concierge Services requested, purchased, enrolled in, booked, coordinated, authorized, or otherwise engaged through the Digital Services.
By accessing or using the Digital Services, creating or maintaining an Account, submitting a Request, requesting or purchasing Concierge Services, enrolling in or renewing a Membership, accepting a Service Order, approving a purchase or expenditure, authorizing a payment method, submitting information or instructions to Poseidon, clicking an acceptance box, electronically signing an agreement or authorization, or otherwise affirmatively indicating your acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all policies, disclosures, Service Orders, authorizations, and supplemental terms expressly incorporated herein by reference or accepted by you in connection with the applicable Concierge Services. If you do not agree to these Terms, you may not use those portions of the Digital Services requiring acceptance of these Terms or purchase, enroll in, authorize, or otherwise engage Concierge Services through the Digital Services.
Poseidon’s Privacy Policy, together with any applicable Service Order, Membership enrollment terms, recurring-payment authorization, Property Access Authorization, Event Services terms, purchase authorization, cancellation terms, promotional terms, or other service-specific terms expressly presented to and accepted by you in connection with a particular Request or Concierge Service, are incorporated into this Agreement by reference to the extent applicable. A supplemental term or Service Order shall supplement these Terms and shall control over these Terms solely to the extent it expressly addresses a more specific subject matter or expressly modifies a provision of these Terms with respect to the applicable Request or Concierge Service. Unless expressly stated otherwise, no quotation, proposal, itinerary, reservation confirmation, Provider communication, marketing material, pricing guide, website description, or other communication modifies these Terms.
Submission of an inquiry, contact form, Membership application, Request, preference profile, or other communication does not, by itself, obligate Poseidon to accept or perform any Concierge Service. Except where Poseidon expressly provides for immediate online purchase or enrollment, a particular Request becomes an accepted engagement only when Poseidon affirmatively accepts the Request through the Digital Services or other written or electronic communication and any applicable requirements for payment, deposit, authorization, Service Order, or other acceptance condition have been satisfied.
Poseidon may determine in its discretion whether to accept any Request or Client, subject to applicable law. The availability of a particular Service on the Digital Services, in marketing materials, through a pricing guide, or as part of a Membership does not constitute a continuing offer, guarantee of availability, or obligation by Poseidon to accept any particular Request. Poseidon may decline a Request based on availability, capacity, lead time, geography, feasibility, safety, legality, Provider availability, conflicts, Client conduct, inability to obtain necessary information or approvals, or any other legitimate operational or risk-management consideration.
If you access or use the Digital Services or engage Concierge Services on behalf of a corporation, limited liability company, partnership, trust, family office, employer, household, association, or other organization or legal entity, you represent and warrant that you possess full authority to act on behalf of and bind that person or entity with respect to the applicable transaction, in which case “Client,” “User,” “you,” and “your” shall include the applicable person or entity to the extent the context requires. Nothing in the foregoing limits your personal responsibility for your own conduct, representations, instructions, authorizations, or use of the Digital Services.
You consent to the use of electronic records, electronic communications, click-through acceptances, electronic signatures, and other electronic methods in connection with this Agreement and the Concierge Services. Your electronic acceptance of these Terms or any Service Order, authorization, Membership enrollment, approval, or other electronic record constitutes your legally binding signature and may be relied upon by Poseidon to the fullest extent permitted by applicable law.
Poseidon may retain records evidencing your acceptance of these Terms and related transactions, including the version of the Terms presented, date and time of acceptance, Account information, transaction information, electronic-signature records, IP address, device information, checkout records, payment authorization records, and other evidence of assent, authorization, or performance, subject to Poseidon’s Privacy Policy and applicable law.
2. Definitions
For purposes of these Terms, the following capitalized terms shall have the meanings set forth below. Defined terms shall apply equally to the singular and plural forms as the context requires.
“Account” means any online account, client profile, portal account, Membership account, or other credentialed user profile created or maintained by or for a User in connection with the Digital Services or Concierge Services.
“Approved Spending Limit” means the maximum amount, category of expense, recurring authority, per-transaction amount, or other spending authority that Client expressly authorizes Poseidon to incur, commit to, advance, or cause to be charged on Client’s behalf in connection with a Request or Concierge Service.
“Authorized Representative” means any person whom Client expressly authorizes, or whom Poseidon understands Client to have authorized, to communicate instructions, provide approvals, make selections, receive information, approve expenditures, coordinate Services, or otherwise act for Client with respect to one or more Requests, subject to Section 7 and any limitations communicated to Poseidon.
“Celebrate Services” means Concierge Services relating to events, celebrations, dining experiences, entertainment, hospitality, venues, tickets, vendors, guest logistics, transportation coordination, gifting, private dinners, milestone occasions, corporate or community events, and related planning or coordination services.
“Client,” “User,” “you,” or “your” means any person or entity that accesses or uses the Digital Services or requests, purchases, enrolls in, authorizes, receives, or otherwise engages Concierge Services through the Digital Services, including any person acting through an Account or Authorized Representative.
“Client Information” means any information, data, document, preference, instruction, record, photograph, itinerary, identification information, travel information, address, access information, payment-related information, health- or accessibility-related information, dietary information, emergency information, household information, or other material provided by or on behalf of Client in connection with the Digital Services or Concierge Services.
“Client Property” means any real or personal property owned, leased, occupied, managed, controlled, or otherwise made accessible by or on behalf of Client in connection with Concierge Services, including residences, vacation homes, vehicles, goods, packages, keys, access devices, and other tangible property.
“Concierge Services” or “Services” means the lifestyle concierge, planning, research, sourcing, reservation, referral, procurement-assistance, administrative, coordination, project-management, membership, and related services requested by Client and accepted by Poseidon, including, as applicable, Explore Services, Celebrate Services, LIVE Services, and any other services Poseidon may offer from time to time.
“Digital Services” has the meaning assigned in Section 1 and includes Poseidon’s website, client portals, Accounts, online forms, enrollment pages, checkout functionality, electronic communications tools, and related digital features that link to or incorporate these Terms.
“Explore Services” means Concierge Services relating to travel, itineraries, accommodations, hotels, villas, resorts, cruises, transportation coordination, dining, activities, tours, wellness experiences, special-access requests, airport transfers, destination services, trip research, and related travel or experience planning and coordination.
“LIVE Services” means Concierge Services relating to day-to-day lifestyle and household support, including dining and appointment reservations, personal shopping, gifting, returns coordination, errands, deliveries, home-watch or property-support services, vacation-home preparation, vendor access, household coordination, personal research, wellness or beauty referrals, pet-care referrals, relocation assistance, and seasonal-resident or visitor support.
“Membership” means any recurring concierge membership, subscription, access plan, or similar program offered by Poseidon through which a Client receives specified benefits, priority levels, included Requests, included hours, preferred pricing, or other benefits during an applicable billing period.
“Membership Benefits” means the specific benefits associated with a Membership tier, which may include preferred pricing, priority response, Standard Requests, included concierge hours, planning calls, profile management, or other benefits identified at enrollment or in an applicable Service Order.
“Poseidon,” “Company,” “we,” “us,” or “our” means The Poseidon Group Services, LLC, doing business as Poseidon Lifestyle Concierge Group, together with its permitted successors and assigns.
“Poseidon Parties” means Poseidon and its affiliates, members, managers, officers, employees, personnel, contractors, representatives, agents, successors, and assigns, as applicable.
“Property Access Credentials” means any physical or electronic key, access card, gate credential, alarm credential, smart-lock authorization, code, password, remote-access permission, building credential, parking credential, or other means of obtaining access to Client Property.
“Provider” means any independent third party that supplies, sells, operates, performs, controls, owns, manages, or otherwise provides any product, venue, accommodation, transportation, event, activity, professional service, household service, ticket, reservation, merchandise, or other underlying good or service that Poseidon researches, recommends, sources, refers, arranges, coordinates, books, facilitates, communicates with, or otherwise assists Client in obtaining.
“Provider Charges” means all amounts charged, assessed, imposed, or payable by or to a Provider in connection with a Concierge Service or Client transaction, including purchase prices, fares, room charges, ticket prices, event costs, deposits, minimum spends, taxes, gratuities, service charges, delivery or shipping charges, cancellation fees, change fees, no-show fees, vendor fees, damages, and other third-party amounts.
“Request” means any inquiry, instruction, assignment, task, project, booking request, reservation request, sourcing request, purchase request, Service request, or other request for assistance submitted by or on behalf of Client to Poseidon.
“Service Order” means any proposal, estimate, quotation, checkout page, electronic order, project scope, invoice, booking confirmation, written authorization, purchase authorization, Membership enrollment record, email, text message, portal communication, or other written or electronic record accepted by Client that identifies or supplements the specific scope, fees, expenses, timing, spending authority, cancellation terms, responsibilities, assumptions, or other conditions applicable to a particular Request or Concierge Service.
“Standard Request” means a routine, defined concierge task that Poseidon designates as eligible to count toward a Membership’s included monthly Request allowance, such as a straightforward reservation, appointment, basic research assignment, or simple coordination item. Custom travel planning, events, extensive sourcing, on-site support, multi-step projects, purchases, and other materially involved Services are not Standard Requests unless Poseidon expressly agrees otherwise.
“Terms” or “Agreement” means these Terms of Service together with all applicable terms, policies, authorizations, disclosures, and Service Orders expressly incorporated herein or accepted pursuant to these Terms.
“Third-Party Services” means any website, software, application, payment processor, communications provider, mapping service, social network, CRM, itinerary platform, booking platform, hosting provider, identity-verification provider, cloud service, financial institution, or other third-party technology or service that supports, integrates with, links from, or is used in connection with the Digital Services or Concierge Services.
“User Materials” means any text, photograph, video, document, inspiration material, review, feedback, preference, communication, file, itinerary, design reference, guest list, or other material submitted, uploaded, transmitted, provided, or otherwise made available to Poseidon by or on behalf of Client.
Any capitalized term not defined in this Section shall have the meaning assigned to it elsewhere in these Terms or, if not otherwise defined, its plain and ordinary meaning in the context in which it is used.
3. Eligibility; Legal Capacity; Authority to Act for Others
You must be at least eighteen (18) years of age, possess the legal capacity to enter into a binding agreement, and be legally permitted to engage the applicable Concierge Services in order to create an Account, enroll in a Membership, authorize a payment, submit binding instructions, or purchase or otherwise engage Concierge Services through the Digital Services. By doing so, you represent and warrant that you satisfy these requirements.
You may use the Digital Services or engage Concierge Services for the benefit of another person, including a spouse, partner, child, family member, traveler, guest, household member, employee, executive, client, invitee, or other third party, only to the extent you possess lawful authority to do so. By submitting a Request concerning another person, you represent and warrant that you have all authority, permissions, and consents necessary to provide the applicable Client Information, communicate instructions, request Services, make or approve arrangements, and take any other action you purport to take on that person’s behalf.
If you engage Poseidon on behalf of an entity or organization, you represent and warrant that you are duly authorized to act for that entity with respect to the applicable Request and, where your acceptance purports to bind the entity, that you possess sufficient authority to do so.
Client is responsible for ensuring that all travelers, guests, invitees, household members, Authorized Representatives, and other persons included in or affected by a Request receive any Provider terms, restrictions, waivers, requirements, cancellation conditions, safety information, travel requirements, venue rules, or other information applicable to them. Poseidon may provide information to Client for onward communication but is not responsible for Client’s failure to communicate it.
Where Client submits Client Information relating to another individual, Client represents and warrants that Client is authorized to provide that information for the applicable purpose and that Poseidon may use and disclose such information as necessary to evaluate, arrange, coordinate, or perform the requested Concierge Services, subject to Poseidon’s Privacy Policy and applicable law.
Poseidon may require additional confirmation of authority, identification, documentation, consent, or instructions where Poseidon determines that a Request involves a minor, significant expenditure, sensitive Client Information, Client Property, Property Access Credentials, a high-risk activity, conflicting instructions, an unusual transaction, or another circumstance in which additional verification is appropriate.
Poseidon’s acceptance of instructions from a person on one occasion does not obligate Poseidon to treat that person as authorized for any future Request. Client is responsible for promptly notifying Poseidon if an Authorized Representative’s authority is revoked, restricted, or modified. Poseidon may continue to rely on previously granted authority until it receives and has a reasonable opportunity to process notice of the change.
Nothing in this Section obligates Poseidon to accept instructions from any person other than Client or to recognize any purported Authorized Representative. Poseidon may require direct Client confirmation at any time.
4. Nature and Scope of Poseidon Services
Poseidon provides personalized lifestyle concierge and coordination services intended to assist Clients with research, planning, sourcing, reservations, logistics, vendor coordination, purchases, travel, events, household matters, and other lifestyle needs.
Explore Services may include, without limitation, personalized trip research and itinerary design; hotel, resort, villa, cruise, and accommodation coordination; transportation coordination; dining, activities, tours, wellness, and experience sourcing; pre-departure planning; reservation confirmations; family, group, romantic, celebration, or multigenerational travel coordination; arrival and departure logistics; airport transfers; provisioning; and in-destination coordination.
Celebrate Services may include, without limitation, private dinners; birthdays; anniversaries; showers; milestone celebrations; corporate or community events; venue and restaurant coordination; entertainment; transportation coordination; décor; vendor coordination; ticket and hospitality sourcing; guest logistics; invitations; schedules; gifting; and day-of or on-site concierge support.
LIVE Services may include, without limitation, dining and appointment reservations; personal shopping and gift sourcing; returns coordination; errands; deliveries; personal research; household/vendor coordination; home-watch or property-support coordination; vacation-home arrival and departure preparation; vendor access; family-calendar support; wellness, beauty, pet-care, household, and relocation referrals; and seasonal-resident or visitor assistance.
Descriptions of Concierge Services on the Digital Services, in pricing materials, or in marketing communications are illustrative and are not exhaustive promises of scope, availability, capacity, pricing, timing, or result. Poseidon may offer additional Concierge Services, discontinue or limit particular Services, modify the manner in which Services are delivered, restrict Services to particular geographic areas or Clients, impose reasonable lead-time or eligibility requirements, or decline a particular Request.
Unless expressly agreed otherwise in a Service Order, Poseidon determines the reasonable methods, sequencing, personnel, administrative processes, systems, and resources used to provide its own coordination and concierge work. Client remains responsible for making final decisions concerning Provider selection, material purchases, travel, events, activities, risks, and other matters requiring Client judgment or approval.
Poseidon may provide recommendations, curated options, research, comparisons, referrals, introductions, logistical support, communications assistance, booking assistance, purchasing assistance, reminders, follow-up, and administrative coordination. Such assistance is intended to reduce the time and effort required of Client but does not transfer to Poseidon responsibility for decisions that remain within Client’s control or for services actually performed by a Provider.
The precise Concierge Services applicable to a particular Request may be further described in a Service Order. Unless a Service Order expressly states otherwise, Poseidon is not obligated to perform work outside the accepted scope, and any materially expanded or changed Request may require a revised estimate, additional fee, new timing commitment, additional Provider Charges, or separate approval.
No statement that Poseidon will “manage,” “handle,” “coordinate,” “arrange,” “curate,” “source,” “book,” “support,” “oversee,” or “take care of” a matter shall, standing alone, be interpreted as an assumption of responsibility for the acts, omissions, obligations, safety, legal compliance, financial obligations, or performance of an independent Provider or as a guarantee that any desired result will occur.
5. Poseidon’s Role; Coordination Services; Independent Providers
Poseidon’s principal role is to provide concierge, research, administrative, planning, sourcing, coordination, arrangement, referral, and related assistance to Client. Depending upon the applicable Request, Poseidon may identify potential Providers, research options, make inquiries, solicit availability, request quotations, present recommendations, communicate Client preferences, coordinate logistics, facilitate reservations, assist with bookings, transmit information, schedule appointments or services, obtain confirmations, facilitate purchases, communicate with Providers, monitor agreed administrative details, and otherwise assist Client in arranging third-party goods or services.
Except to the extent Poseidon expressly agrees in a Service Order that Poseidon itself will directly perform a particular service, the underlying goods and services arranged through the Concierge Services are supplied by independent third parties. Those Providers may include, without limitation, airlines, cruise lines, hotels, resorts, villas, vacation-rental operators, transportation companies, drivers, restaurants, venues, caterers, chefs, entertainers, ticket issuers or sellers, tour operators, guides, florists, rental companies, event vendors, valet providers, security providers, contractors, repair professionals, household service providers, cleaners, wellness or beauty providers, pet-care providers, retailers, delivery services, medical professionals, childcare or home-care providers, and other independent businesses or individuals.
Unless Poseidon expressly agrees otherwise in a written Service Order, Poseidon is not the owner, operator, carrier, hotelier, landlord, property manager, travel carrier, transportation provider, restaurant, venue, caterer, retailer, ticket issuer, tour operator, contractor, security company, insurer, medical provider, childcare provider, home-health provider, or other supplier of the underlying Provider goods or services. Poseidon does not become such a Provider merely because Poseidon identifies, recommends, sources, contacts, coordinates, books, communicates with, pays, or otherwise assists Client in dealing with the Provider.
Providers are independent persons and businesses and are not Poseidon’s employees, partners, joint venturers, franchisees, or agents merely because Poseidon maintains a relationship with them, has used them previously, identifies them as preferred or vetted, negotiates a benefit, communicates with them frequently, receives compensation or other benefits from them, or recommends them to Client.
Each Provider is responsible for its own personnel, operations, equipment, licensing, permits, insurance, safety practices, legal compliance, products, services, representations, schedules, policies, accessibility, performance, acts, and omissions. Provider goods and services may be governed by the Provider’s own contracts, waivers, terms and conditions, cancellation policies, refund rules, privacy practices, house rules, venue rules, ticket conditions, carrier contracts, safety requirements, minimums, identification requirements, and dispute procedures. Client is responsible for reviewing and complying with those terms.
Where practical and appropriate, Poseidon may recommend that Client contract with and pay a Provider directly. Where Poseidon assists in booking, purchasing, or paying a Provider on Client’s behalf, such assistance does not, without an express written agreement to the contrary, convert the Provider into Poseidon’s subcontractor or convert the underlying Provider Charge into compensation for Poseidon’s own Concierge Services.
Poseidon may exercise judgment in identifying, screening, recommending, or presenting Providers. Any such diligence, however, is necessarily limited to information reasonably available at the applicable time and does not constitute a continuing audit, certification, guarantee, warranty, or representation that a Provider is qualified for every purpose, will maintain a license or insurance policy continuously, will perform to Client’s satisfaction, or will comply with all applicable laws, Provider obligations, or industry standards.
Client retains final responsibility for determining whether to accept a Provider recommendation or proceed with a Provider unless the nature of the Request authorizes Poseidon to make routine selections within parameters previously approved by Client. Client may request additional information concerning a proposed Provider, but Poseidon has no obligation to undertake investigative diligence, background checks, legal review, financial review, or professional verification beyond the scope Poseidon determines appropriate for its role.
Poseidon may have preferred, referral, affiliate, commission, complimentary-service, upgrade, credit, promotional, marketing, or other commercial relationships with certain Providers. The existence of such a relationship does not make the Provider part of Poseidon or alter the Provider’s independent status.
Poseidon does not guarantee any Provider’s availability, acceptance of a Request, pricing, inventory, performance, quality, safety, suitability, accessibility, legal compliance, financial condition, schedule, refund practices, or continued operation. Poseidon likewise does not guarantee that a particular restaurant, room, villa, flight, ticket, reservation, venue, entertainer, vehicle, vendor, experience, upgrade, appointment, or other requested product or service will be available until it is actually confirmed by the applicable Provider.
Poseidon may communicate with a Provider, advocate for Client, request an exception, seek a refund or credit, attempt to resolve an issue, identify an alternative, or otherwise provide reasonable service-recovery assistance. Any such assistance is part of Poseidon’s concierge role and does not make Poseidon responsible for the underlying Provider obligation or guarantee that the Provider will grant a refund, credit, exception, replacement, accommodation, or other relief.
Nothing in this Agreement creates a partnership, joint venture, employment, franchise, fiduciary, or general agency relationship between Poseidon and Client or between Poseidon and any Provider. To the extent Client expressly authorizes Poseidon to communicate or perform administrative acts on Client’s behalf, such as making a reservation, transmitting information, approving an expenditure within an Approved Spending Limit, or communicating Client’s instructions, Poseidon’s authority is limited to the specific administrative authority granted and does not create a broader fiduciary or agency relationship.
6. Requests; Acceptance; Service Orders; Scope of Work
Client may submit Requests through the Digital Services or through any communication method Poseidon makes available in connection with the Digital Services, including an Account, client portal, online form, email, text message, telephone communication, or other approved electronic method. Submission of a Request constitutes a request for Poseidon to evaluate or provide the requested Concierge Services but does not obligate Poseidon to accept, perform, arrange, procure, purchase, reserve, or otherwise act upon the Request.
Each Request is subject to Poseidon’s acceptance based upon factors including the nature and scope of the requested Concierge Services, available personnel and capacity, applicable lead time, Client location, Provider availability, feasibility, legality, safety, required licenses or regulatory conditions, anticipated costs, Client’s payment status, and any other operational, commercial, compliance, or risk-management consideration Poseidon determines relevant.
Poseidon may accept a Request in whole or in part, propose modifications or alternatives, divide a Request into separate phases or Service Orders, condition acceptance upon receipt of additional information or documentation, require payment or a deposit before commencing work, establish an Approved Spending Limit, require separate authorization for particular activities or expenditures, or decline the Request. Poseidon has no obligation to provide a reason for declining a Request except where disclosure is required by applicable law.
The specific scope of an accepted Request may be established through a Service Order. A Service Order may identify, as applicable, the requested Concierge Services, deliverables, estimated or agreed timing, Poseidon fees, Provider Charges, deposits, minimum commitments, Approved Spending Limits, anticipated expenses, cancellation terms, assumptions, exclusions, Client responsibilities, required approvals, special conditions, or other terms applicable to the Request.
A Service Order need not take the form of a separately executed formal agreement. Subject to applicable law and these Terms, a Service Order may consist of or be evidenced by a proposal, estimate, quotation, invoice, checkout page, portal communication, email, text message, purchase authorization, booking confirmation, Membership enrollment record, or other written or electronic communication that reasonably identifies the applicable Services or commercial terms.
Client may accept a Service Order by electronically signing or affirmatively accepting it, clicking an acceptance button or checkbox, submitting a payment or deposit, providing written approval by email or text message, authorizing Poseidon to proceed, approving an identified purchase or Provider commitment, or otherwise engaging in conduct that reasonably demonstrates Client’s assent to the Service Order. Electronic acceptance may be relied upon by Poseidon as provided in Section 1.
Once Poseidon accepts a Request, Poseidon will provide only those Concierge Services reasonably included within the accepted scope. Any description of a desired outcome, theme, experience, itinerary, event concept, lifestyle objective, or Client preference is intended to guide performance and does not constitute a guarantee that every contemplated element or result will be achieved.
Client acknowledges that concierge engagements frequently evolve as information becomes available, Providers respond, availability changes, Client preferences develop, or unforeseen circumstances arise. Poseidon may therefore recommend modifications to an accepted Request where reasonably necessary or advisable.
Routine administrative actions reasonably necessary to perform an accepted Request do not require a separate Service Order or individual approval unless the applicable Service Order or these Terms expressly require one. Such actions may include contacting Providers, confirming availability, obtaining quotations, coordinating schedules, transmitting previously approved information, following up on pending arrangements, and performing similar administrative functions within the accepted scope.
Poseidon is entitled to rely upon the scope, assumptions, information, instructions, approvals, budgets, deadlines, and other conditions supplied or approved by Client. Any delay, additional work, increased cost, unavailable option, missed opportunity, Provider penalty, or other consequence resulting from Client’s delayed response, incomplete information, changed instructions, failure to approve a material decision, or failure to satisfy a Client responsibility may affect Poseidon’s ability to perform and shall not constitute a breach by Poseidon to the extent caused thereby.
Unless expressly stated otherwise in a Service Order, deadlines and anticipated completion dates are estimates rather than guarantees. Poseidon may prioritize work based upon Membership level, Request urgency, acceptance date, Provider deadlines, operational capacity, and other reasonable factors.
Neither the acceptance of one Request nor Poseidon’s prior performance of similar Concierge Services obligates Poseidon to accept any subsequent Request or establishes any continuing course of dealing inconsistent with these Terms.
7. Client Instructions; Approvals; Authorized Representatives
Poseidon may rely upon instructions, selections, approvals, authorizations, confirmations, and other communications that Poseidon reasonably believes were provided by Client or an Authorized Representative through an Account, designated email address, designated telephone number, client portal, text message, electronic-signature platform, or other communication channel Client has used or approved in connection with the Concierge Services.
Client is responsible for designating any Authorized Representative and for specifying any material limits on that person’s authority. Unless Client provides Poseidon with written limitations that Poseidon has acknowledged or otherwise has actual knowledge of a limitation, Poseidon may rely upon an Authorized Representative’s communications concerning the Requests for which that person has been authorized.
Depending upon the scope of authority granted, an Authorized Representative may be permitted to provide preferences, approve proposed Providers, select among options, confirm reservations, approve itineraries or schedules, authorize purchases, approve expenditures within an Approved Spending Limit, provide guest or traveler information, modify routine logistical details, or otherwise communicate instructions concerning the applicable Request.
Client is responsible for all instructions and approvals given by an Authorized Representative acting within the actual or apparent scope of authority created by Client, except to the extent applicable law provides otherwise. A disagreement between Client and an Authorized Representative does not invalidate action already taken by Poseidon in reliance upon the Representative’s authority before Poseidon received notice of the dispute or revocation.
Client shall promptly notify Poseidon if an Authorized Representative’s authority is revoked, suspended, modified, or limited. A revocation or modification becomes effective as to Poseidon only after Poseidon receives the notice and has had a reasonable opportunity to process and implement it. The revocation does not affect commitments, purchases, reservations, Provider obligations, or other actions undertaken before the revocation became effective.
If Poseidon receives conflicting, ambiguous, suspicious, incomplete, inconsistent, or unusually significant instructions, Poseidon may suspend action and require clarification or direct Client confirmation. Poseidon may also require additional verification before acting upon instructions involving significant expenditures, Property Access Credentials, unusually sensitive Client Information, high-risk activities, changes to payment instructions, international transactions, emergency expenditures, or other circumstances reasonably warranting confirmation.
Poseidon is not required to determine the internal authority structure of Client’s household, family, employer, family office, business, or other organization and may rely upon the authority reasonably communicated to Poseidon.
Client may not hold Poseidon responsible for consequences resulting from Poseidon’s reasonable reliance upon an instruction, approval, or authorization that appeared valid when received unless Poseidon had actual knowledge that the communication was unauthorized.
Poseidon may maintain records of material Client approvals and instructions, including electronic messages, Account activity, approvals, authorizations, call notes, payment records, or other reasonable evidence of Client direction. The absence of a particular record does not, by itself, establish that authorization was not provided.
Nothing in this Section obligates Poseidon to accept an instruction merely because it is provided by Client or an Authorized Representative. Poseidon retains the right to refuse any instruction or Request that it reasonably believes is unlawful, unsafe, unethical, inconsistent with Provider requirements, outside the accepted scope, commercially unreasonable, beyond Poseidon’s capabilities, or otherwise inappropriate under these Terms.
8. Client Information; Accuracy; Preferences; Special Requirements
Client shall provide Poseidon with complete, accurate, current, and non-misleading information reasonably necessary to evaluate, arrange, coordinate, or perform Concierge Services. Depending upon the applicable Request, such information may include names, legal traveler names, dates of birth, contact information, addresses, dates and times, quantities, group size, preferences, budgets, clothing or merchandise sizes, dietary preferences, known allergies, accessibility requirements, medical or mobility considerations relevant to the requested arrangements, identification information, passport or visa information, delivery instructions, property instructions, pet information, emergency contacts, guest information, Provider account information, and other material details.
Client shall promptly update or correct Client Information if Client learns that any information previously supplied is inaccurate, incomplete, outdated, or misleading.
Client is solely responsible for reviewing quotations, itineraries, names, dates, times, destinations, addresses, reservations, tickets, booking confirmations, quantities, menu selections, guest counts, transportation details, accommodations, cancellation deadlines, purchase information, and other material details provided to Client.
Client shall notify Poseidon promptly upon discovering an error, inconsistency, or omission and, where a confirmation or Service Order specifies a review deadline, before that deadline expires.
Poseidon may rely upon Client Information without independently verifying its accuracy unless Poseidon expressly agrees to conduct a specific verification. Poseidon is not responsible for losses, delays, Provider charges, cancellation penalties, denied boarding or admission, rejected reservations, delivery failures, incorrect purchases, missed appointments, or other consequences resulting from inaccurate, incomplete, untimely, or misleading Client Information.
Where exact information is material to a Provider transaction, Client is responsible for confirming that information before Poseidon finalizes the applicable commitment whenever Poseidon provides Client a reasonable opportunity to do so.
Client acknowledges that some Concierge Services may require Poseidon to communicate Client Information to Providers or Third-Party Services in order to obtain availability, reservations, quotations, products, transportation, accommodations, tickets, event services, household services, or other requested arrangements. Client authorizes such disclosure to the extent reasonably necessary to perform the applicable Request, subject to Poseidon’s Privacy Policy and applicable law.
Where Client provides information concerning a traveler, guest, household member, family member, Authorized Representative, invitee, recipient, or other third party, Client represents and warrants that Client has lawful authority to provide the information and authorize its use for the applicable Request.
Client should provide only information reasonably necessary for the Concierge Services and shall use any secure communication method designated by Poseidon for highly sensitive information. Client shall not transmit full payment-card numbers, passwords, Social Security numbers, Property Access Credentials, copies of identity documents, or similarly sensitive information through ordinary email, text message, or another unsecured channel if Poseidon has provided or directed Client to an approved secure method.
Poseidon may maintain a personalized Client profile reflecting preferences, prior arrangements, sizes, service history, recurring needs, household information, dining preferences, travel preferences, important dates, or similar information to improve future Concierge Services. The existence of such a profile does not relieve Client of the obligation to confirm information that may have changed or that is material to a particular Request.
Preferences are not guarantees. A Provider may be unable or unwilling to accommodate a preference, dietary request, accessibility request, seating preference, room preference, timing request, brand preference, or other requested condition. Service-specific provisions concerning allergies, accessibility, travel requirements, and other matters apply in addition to this Section.
9. Quotes; Estimates; Pricing; Scope Changes
Poseidon may charge for Concierge Services through one or more pricing methods, including flat fees, hourly rates, minimum-hour commitments, project fees, package fees, planning fees, Membership fees, percentage-based fees, retainers, rush or priority charges, after-hours charges, on-site support fees, custom proposals, or other pricing structures disclosed to Client before the applicable charge is incurred.
The pricing guide or Digital Services may display standard, starting, estimated, preferred-member, promotional, or illustrative pricing. Unless expressly identified as a fixed price applicable to an accepted Service Order, published or quoted amounts are not guarantees that every Request of a generally described type will be provided at the same price.
The applicable fee may likewise reflect the amount of research, sourcing, communications, revisions, Provider coordination, project management, scheduling, travel, staffing, purchasing assistance, or other work reasonably anticipated for the Request.
An estimate represents Poseidon’s good-faith assessment based upon the information reasonably available when the estimate is issued. An estimate is not a guaranteed maximum unless the applicable Service Order expressly states that it is a fixed fee or not-to-exceed amount.
If the scope of a Request changes after acceptance, Poseidon may revise the applicable fee, estimate, deposit, timing, minimum commitment, staffing requirement, or other commercial term. A scope change may include, without limitation, an increase in travelers or guests, additional destinations or event components, significant revisions after work has commenced, additional sourcing, new Providers, changed dates, expedited timing, after-hours work, additional site visits, increased on-site support, additional research, repeated rebooking, or other materially increased work.
Poseidon will obtain Client’s approval before undertaking a material scope expansion that results in a materially increased Poseidon fee, unless Client has expressly authorized the additional work through an applicable Service Order, Approved Spending Limit, hourly arrangement, retainer, Membership overage authorization, or other written or electronic approval.
Minor or incidental work reasonably necessary to complete the accepted scope does not constitute a scope change merely because each administrative step was not separately identified in advance.
Membership pricing, included benefits, overages, and member-preferred pricing are additionally governed by Sections 13 through 18.
Poseidon may prospectively change its general pricing, rate schedules, minimums, or available service packages. Such changes do not retroactively alter the price of Concierge Services already accepted under a Service Order unless Client and Poseidon agree to a scope change or applicable law otherwise permits the adjustment.
10. Poseidon Fees; Taxes; Expenses; Payment Authorization
Client shall timely pay all fees and amounts payable to Poseidon in connection with the Digital Services, Membership, and Concierge Services, including, as applicable, Membership fees, service fees, planning fees, project fees, hourly fees, retainers, deposits, minimum commitments, rush fees, after-hours fees, on-site support fees, administrative charges, approved reimbursable expenses, applicable taxes, and any other amounts expressly disclosed and accepted by Client.
Poseidon’s fees are compensation for Poseidon’s own Concierge Services and are separate from Provider Charges unless a Service Order expressly states that a particular amount includes identified Provider Charges.
Unless a Service Order states otherwise, payment may be required at checkout, upon acceptance of a Request, before work begins, upon invoicing, before Poseidon incurs a material commitment, or at another time communicated to Client. Poseidon may require advance payment, a deposit, retainer, valid payment method on file, or other reasonable payment assurance before beginning or continuing Concierge Services.
Client authorizes Poseidon and its applicable payment processor to charge Client’s designated payment method for amounts Client has approved or otherwise agreed to pay under these Terms, including Poseidon fees, Membership fees, applicable taxes, deposits, approved Provider Charges processed on Client’s behalf, cancellation charges, reimbursable expenses, and other authorized amounts.
Client represents and warrants that Client is an authorized user of each payment method provided to Poseidon and that all billing and payment information is accurate and current. Client shall promptly update expired, replaced, cancelled, or otherwise inaccurate payment information.
Poseidon may use Third-Party Services to process payments, store payment credentials, conduct fraud screening, or otherwise support billing. Poseidon does not require or intend to store complete payment-card information itself where a third-party processor is used, and the payment processor’s separate terms and privacy practices may apply.
Where Client provides an approved payment method to facilitate recurring Membership fees, the additional recurring-payment terms in Section 16 apply.
If a payment is declined, reversed, returned, disputed, or otherwise unsuccessful, Poseidon may suspend or delay Concierge Services, decline to make further Provider commitments, require an alternate payment method, cancel a pending Request where commercially feasible, or exercise any other right available under these Terms.
Except where prohibited by law or otherwise stated in an applicable Service Order, an undisputed amount not paid when due may accrue a late charge at the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law, calculated from the date payment became due until paid.
Client shall reimburse Poseidon for third-party costs of collecting undisputed past-due amounts to the extent permitted by applicable law, including processor charges, collection-agency fees, court costs, and reasonable attorneys’ fees where recoverable under these Terms or applicable law.
Poseidon may apply payments received from Client to outstanding amounts, subject to applicable law and any specific payment designation Poseidon has expressly accepted.
Except as otherwise provided in the applicable cancellation provisions, payment of an invoice or charge does not by itself guarantee completion of a particular Provider transaction where fulfillment remains subject to Provider availability, Provider acceptance, additional Client approval, governmental requirements, or circumstances outside Poseidon’s control.
Nothing in these Terms authorizes Poseidon to make materially different Client expenditures without authorization merely because Poseidon possesses a Client payment method. Provider spending authority is governed separately by Section 11.
11. Provider Charges; Client Purchases; Spending Authority
Provider Charges are separate from Poseidon’s fees unless a Service Order expressly states otherwise. Client is responsible for all Provider Charges Client approves or authorizes Poseidon to incur on Client’s behalf, including, as applicable, fares, accommodations, tickets, merchandise, restaurant charges, venue charges, entertainment, transportation, deposits, minimum spends, vendor services, delivery charges, shipping, taxes, gratuities, parking, tolls, currency-conversion effects, cancellation charges, change fees, no-show charges, damages, and other third-party costs.
Whenever reasonably practical, Poseidon may require or recommend that Client contract with and pay the applicable Provider directly. Direct contracting helps preserve the intended relationship between Client and the Provider supplying the underlying good or service.
Where Client authorizes Poseidon to make a purchase, place a deposit, submit payment, or otherwise incur a Provider Charge on Client’s behalf, Client authorizes Poseidon to take the administrative steps reasonably necessary to complete the approved transaction.
Client authorization may be: (a) transaction-specific, applying to a particular purchase or Provider commitment; (b) category-specific, applying to a stated category of expenses; (c) budget-based, permitting Poseidon to act within an approved project or event budget; (d) limit-based, permitting Poseidon to incur expenses up to an Approved Spending Limit; or (e) otherwise established by an applicable Service Order or written or electronic authorization.
Poseidon may rely upon the most recent spending authorization reasonably appearing applicable to the Request until Client revokes or modifies it. Any revocation or modification is prospective only and does not affect commitments already made before Poseidon received and had a reasonable opportunity to process the change.
Where Client has established an Approved Spending Limit, Poseidon may make expenditures within the authorized scope without obtaining separate approval for each individual expense, unless Client expressly conditions the authorization otherwise.
An Approved Spending Limit is a maximum authority, not an obligation to spend the full amount. Poseidon may elect not to incur a proposed expense where it determines that additional Client confirmation is warranted.
Provider pricing may change between quotation and final confirmation due to availability, dynamic pricing, taxes, currency exchange rates, Provider surcharges, inventory changes, group size, market conditions, or other circumstances outside Poseidon’s control. Poseidon will seek Client approval before proceeding with a materially higher charge unless the charge remains within an applicable Approved Spending Limit or other existing authorization.
Client acknowledges that some Providers may impose deposits, preauthorizations, minimum spends, service charges, gratuities, resort fees, ticketing fees, delivery charges, taxes, currency-conversion charges, incidentals, damage deposits, or other amounts that are not controlled by Poseidon. Client remains responsible for such Provider Charges to the extent Client agreed to the underlying Provider transaction or the amounts are otherwise properly chargeable under the Provider’s terms.
If Poseidon advances funds or pays a Provider from Poseidon funds at Client’s request or for Client’s benefit, Client shall reimburse Poseidon promptly for the advanced Provider Charge together with any expressly disclosed reimbursement or processing amount. Poseidon is not required to advance funds for Client and may require advance funding before committing to a Provider expense.
If Poseidon processes a Provider Charge using Client’s payment method or otherwise acts as an administrative conduit for the charge, the amount remains a Provider Charge and does not become a Poseidon service fee merely because Poseidon facilitated payment.
Poseidon does not assume responsibility for the Provider’s disposition of funds, insolvency, refusal to issue a refund, delay in issuing a refund, application of a cancellation policy, or other financial performance. Provider refunds and credits are subject to Section 34.
Client shall not request or instruct Poseidon to falsify invoices, evade taxes, conceal the true beneficiary of a transaction, manipulate Provider pricing or policies, improperly avoid cancellation charges, make unlawful payments, misrepresent Client identity or eligibility, or otherwise engage in fraudulent or unlawful purchasing activity.
Poseidon may decline to make a purchase, payment, deposit, or Provider commitment if Poseidon reasonably suspects fraud, unauthorized use of a payment method, illegality, unusual financial risk, insufficient authorization, inconsistent instructions, sanctions concerns, or other material risk.
12. Payment Disputes; Chargebacks
Client shall review Poseidon invoices, receipts, Membership charges, Provider Charges processed through Poseidon, and other billing records promptly and shall notify Poseidon within a reasonable time after discovering any suspected billing error, duplicate charge, unauthorized charge, incorrect amount, or other payment issue.
Before initiating a chargeback, payment reversal, stop-payment request, bank dispute, or similar challenge concerning a charge that Client previously authorized, Client shall first provide Poseidon with written notice of the dispute and a reasonable opportunity to investigate and address the matter, except where applicable law or payment-network rules permit or require Client to proceed otherwise.
Nothing in this Section waives or limits any right that Client cannot lawfully waive under applicable consumer-protection law, payment-network rules, banking law, or other applicable law.
A good-faith payment dispute does not constitute a breach merely because Poseidon disagrees with Client’s position. However, knowingly initiating or maintaining a chargeback or payment reversal for a charge that Client validly authorized and owes under these Terms, after the underlying facts have been presented to Client, may constitute a material breach of this Agreement.
If Client disputes a charge, Poseidon may provide the applicable payment processor, financial institution, card network, or other payment service with records reasonably necessary to respond to the dispute, including applicable Terms, Service Orders, approvals, invoices, communications, payment authorizations, delivery records, Provider confirmations, and other evidence relevant to the transaction, subject to Poseidon’s Privacy Policy and applicable law.
Poseidon may suspend new Concierge Services, Membership Benefits, purchasing authority, or additional Provider commitments while a material payment dispute remains unresolved where the dispute affects Client’s payment status or Poseidon determines that continued performance would expose Poseidon to additional financial risk.
Client remains responsible for undisputed amounts notwithstanding a dispute concerning another charge.
Where a chargeback or payment reversal is finally determined to have been improperly initiated with respect to a validly authorized and payable amount, Client shall remain responsible for the underlying amount and, to the extent permitted by applicable law, reasonable processor fees, chargeback fees, collection costs, and enforcement expenses actually incurred by Poseidon as a result.
A payment dispute concerning a Provider Charge does not automatically create an obligation for Poseidon to refund its separately earned Concierge Services fees. Likewise, a dispute concerning Poseidon’s fee does not relieve Client of obligations independently owed to a Provider.
Nothing in this Section requires Poseidon to resolve a dispute between Client and a Provider concerning the Provider’s goods, services, cancellation terms, refund obligations, performance, or charges. Poseidon may assist Client in communicating with a Provider as part of its concierge role, but the substantive treatment of Provider refunds, cancellations, and credits is governed by Sections 33 through 35 and the applicable Provider terms.
13. Membership Programs; Benefits; Eligibility
Poseidon may offer optional Membership programs through which eligible Clients may receive specified benefits in exchange for a recurring Membership fee. Membership is not required to request or purchase Concierge Services unless Poseidon expressly designates a particular Service, benefit, feature, or offering as available only to Members.
Poseidon’s Membership offerings may include different tiers with different fees, benefits, service priorities, included Standard Requests, included concierge hours, preferred pricing, planning services, profile-management features, access opportunities, or other benefits. The Membership tier selected by Client, together with the applicable recurring Membership fee, billing frequency, Membership Benefits, promotional pricing, and any material limitations or exclusions, will be disclosed through the applicable enrollment page, checkout flow, Service Order, or other Membership-specific disclosure presented to Client before enrollment.
Membership Benefits are limited to the benefits expressly associated with the applicable Membership tier at the time of enrollment or thereafter validly modified in accordance with these Terms. No advertisement, marketing statement, prior Membership description, informal communication, or benefit provided on a discretionary basis expands a Membership beyond its then-applicable terms unless Poseidon expressly agrees otherwise in writing.
Membership is personal to the Client or account enrolled in the Membership and may not be sold, assigned, sublicensed, transferred, shared, resold, or commercially exploited without Poseidon’s prior written approval. Unless Poseidon expressly permits household use or another shared arrangement for a particular Membership tier, Membership Benefits may be used only by or for the enrolled Client and persons legitimately included within that Client’s Requests.
Where Poseidon permits a Client to use Membership Benefits for a spouse, household member, family member, guest, traveler, employee, or other person, the enrolled Client remains responsible for all applicable Requests, instructions, approvals, charges, conduct, and compliance with these Terms arising from such use. Permission to use a Membership for another person does not transfer ownership of the Membership or create an independent Membership relationship with that person.
Membership Benefits have no cash value except as expressly required by applicable law, may not be redeemed for cash, and may not be exchanged for a credit, refund, or different benefit merely because Client does not use them during an applicable billing period.
Poseidon may establish reasonable capacity limits, geographic limitations, service hours, lead-time requirements, Request limits, usage policies, eligibility conditions, or other operational rules applicable to a Membership tier where reasonably necessary to maintain service quality, protect Client experience, allocate limited capacity, address Provider requirements, or administer the Membership program.
Enrollment in a Membership does not obligate Poseidon to accept every Request and does not guarantee the availability of any particular Provider, reservation, event, ticket, experience, travel arrangement, product, appointment, personnel resource, or other requested outcome. Membership determines the benefits and service priority applicable to eligible Requests; it does not eliminate the acceptance, availability, feasibility, safety, legality, or Provider-related requirements otherwise applicable under these Terms.
Poseidon may reject an initial Membership enrollment or decline to renew, suspend, restrict, or terminate a Membership as permitted by these Terms, including for nonpayment, abuse of Membership Benefits, fraudulent activity, misuse, unsafe or unlawful Requests, harassment, material breach, or circumstances reasonably requiring suspension or termination under Section 52.
14. Standard Requests; Included Concierge Hours; Usage of Membership Benefits
Certain Membership tiers may include a specified number of Standard Requests during each billing period. A Standard Request is a defined, routine concierge task of limited scope, such as a straightforward reservation, appointment, basic research task, or simple coordination matter.
Poseidon will determine whether a requested task qualifies as a Standard Request based upon the nature, complexity, duration, number of Providers or transactions involved, amount of research required, number of revisions or follow-ups reasonably anticipated, urgency, geographic scope, required on-site work, purchasing requirements, and other circumstances relevant to the work.
A Request does not qualify as a single Standard Request merely because Client submits multiple related tasks in one message, email, form, or communication. Where a Client request contains multiple distinct tasks, reservations, recipients, locations, transactions, dates, Providers, or deliverables, Poseidon may reasonably treat the work as multiple Standard Requests or as a separately quoted project.
Conversely, routine communications, reasonable follow-up, and administrative steps ordinarily necessary to complete one accepted Standard Request will not be counted as separate Standard Requests merely because Poseidon must communicate with the Client or Provider more than once.
If Poseidon determines that a requested task does not qualify as a Standard Request, Poseidon may advise Client that the Request requires a separate fee, included concierge time, an overage charge, project pricing, or another applicable pricing method.
Certain Membership tiers may include a specified number of concierge hours during a billing period. Included concierge hours may be used for eligible open-ended research, coordination, sourcing, planning, administrative support, or other Concierge Services that Poseidon designates as eligible for hourly Membership usage.
Unless otherwise stated at enrollment, time may be recorded in reasonable increments determined by Poseidon and may include time actually spent performing the applicable Concierge Services, including research, Provider communications, administrative coordination, purchasing assistance, revisions, Client communications, or other substantive work within the accepted Request.
Provider Charges, purchases, merchandise, deposits, tickets, travel costs, transportation, dining charges, taxes, gratuities, shipping, delivery, parking, tolls, and other third-party expenses are not included in Standard Requests or included concierge hours unless the applicable Membership description expressly states otherwise.
Likewise, unless expressly included in the applicable Membership tier, Membership Benefits do not include custom travel planning, complex or multi-destination itineraries, event planning, extensive gift or merchandise sourcing, significant purchasing projects, on-site support, in-destination services, property visits, high-complexity research, emergency services, after-hours work, or other Services Poseidon reasonably classifies as outside the applicable Membership allowance.
Unless the applicable Membership description expressly provides otherwise, unused Standard Requests, concierge hours, credits, priority benefits, or other monthly Membership Benefits: (a) expire at the end of the applicable billing period; (b) do not roll over into a subsequent billing period; (c) have no cash or refund value; (d) are nontransferable; and (e) may not be applied retroactively to Services performed or charges incurred during a prior billing period.
Client may not manipulate, divide, combine, stagger, duplicate, or otherwise structure Requests for the principal purpose of circumventing applicable Membership limits, exclusions, or pricing. Poseidon may reasonably aggregate related Requests or classify work according to its substance rather than the form in which Client submits it.
Poseidon may provide an accommodation, additional Request, additional time, expedited assistance, complimentary benefit, or other discretionary service without charge in a particular circumstance. Any such accommodation is voluntary, does not modify the applicable Membership tier, and does not create an entitlement to the same or similar accommodation in the future.
15. Membership Priority; Response Times; Availability
Certain Membership tiers may receive standard, preferred, priority, or highest-priority response treatment as identified in the applicable Membership description.
Priority status refers to Poseidon’s prioritization of an eligible Client Request within Poseidon’s workflow relative to lower-priority Requests, subject to the nature and urgency of other Client matters, staffing, business hours, capacity, safety, Provider deadlines, and other reasonable operational considerations.
Priority response does not mean that Poseidon guarantees immediate service, twenty-four-hour availability, completion within a particular period, or acceptance of every Request. It likewise does not guarantee the availability or performance of any Provider, reservation, accommodation, ticket, appointment, restaurant, venue, transportation service, activity, product, upgrade, experience, or other third-party offering.
Any response time, service window, estimated turnaround time, or priority description communicated by Poseidon is a service objective unless Poseidon expressly agrees in a Service Order that a particular deadline is guaranteed.
A “response” means Poseidon’s substantive acknowledgment or commencement of review of a Request and does not necessarily mean that the Request has been completed, a Provider has responded, an arrangement has been confirmed, or the requested outcome has been obtained.
Poseidon may publish or communicate normal operating hours and may distinguish between ordinary, urgent, after-hours, weekend, holiday, or emergency Requests.
Requests received outside normal operating hours may be treated as received on the next applicable service day unless Client’s Membership or a separate Service Order expressly includes after-hours coverage or Poseidon affirmatively accepts the Request for immediate handling.
Urgent, same-day, after-hours, weekend, or holiday Requests are subject to Poseidon’s availability and may be subject to additional fees where disclosed and accepted by Client. Poseidon is not obligated to accept an urgent Request merely because Client is a Member or identifies the matter as urgent.
Membership does not constitute emergency-response, medical-response, security, roadside-assistance, property-monitoring, or other emergency coverage. A Client facing an actual emergency should contact the appropriate emergency service or qualified professional rather than relying on Poseidon to provide emergency response.
Poseidon may temporarily adjust response expectations where extraordinary demand, severe weather, Provider disruptions, emergency conditions, staffing limitations, technology failures, force majeure, or other circumstances materially affect operations. Such adjustments do not constitute a reduction of Membership Benefits where Poseidon continues to provide the Membership substantially in accordance with its terms, subject to applicable law.
16. Automatic Renewal; Recurring Payment Authorization
Unless a different term is expressly disclosed at enrollment, each Membership is offered on a month-to-month basis and will automatically renew for successive monthly billing periods until cancelled or terminated in accordance with these Terms.
By affirmatively enrolling in a Membership and providing or selecting a payment method, Client expressly authorizes Poseidon and its applicable payment processor to charge the disclosed recurring Membership fee, together with applicable taxes and any other separately authorized amounts, to Client’s designated payment method on or about each applicable billing date until the Membership is cancelled or otherwise terminated.
The recurring-payment authorization applies only to amounts authorized under these Terms or another applicable Client approval. Enrollment in a Membership does not constitute unlimited authorization for Poseidon to charge Provider Charges, discretionary purchases, project fees, or other non-Membership amounts that otherwise require Client authorization under Sections 10 and 11.
Client shall maintain a valid payment method and accurate billing information throughout the Membership. If a recurring Membership charge is declined or otherwise unsuccessful, Client authorizes Poseidon and its payment processor to make reasonable additional attempts to process the same properly due Membership charge, subject to applicable law and payment-network requirements.
Poseidon may notify Client of a declined or unsuccessful payment and may request an updated or alternate payment method. Poseidon may suspend Membership Benefits while a recurring Membership fee remains past due and may terminate the Membership for continued nonpayment.
A suspension resulting from nonpayment does not extend the applicable billing period, create a right to carry forward expired Membership Benefits, or relieve Client of amounts validly accrued before or during the suspension.
Where Client changes the designated payment method, the recurring-payment authorization will apply to the replacement payment method unless Client cancels the Membership or otherwise lawfully revokes the applicable authorization.
Poseidon will administer Membership enrollment, recurring billing, renewal, and cancellation in accordance with applicable law. Nothing in these Terms limits any disclosure, consent, notice, cancellation, or other protection that cannot lawfully be waived.
Client may revoke authorization for future recurring Membership charges by cancelling the Membership in accordance with Section 17. Revocation of recurring-payment authorization does not eliminate amounts already validly incurred or other separately authorized payment obligations.
Poseidon will communicate any change to the recurring Membership fee in advance, and the changed fee will apply only to billing periods beginning after such notice is provided, subject to any additional notice or consent required by applicable law.
17. Membership Cancellation; Effective Date; Effect of Cancellation
Client may cancel a Membership through the cancellation method or methods identified by Poseidon at enrollment or otherwise made available through the Digital Services. Poseidon may permit cancellation through an online Account or cancellation interface, designated email address, or another written or electronic method reasonably identified to Client. Memberships may be cancelled upon thirty (30) days’ prior written notice.
If Client’s regularly scheduled billing date occurs during the applicable cancellation-notice period, the next monthly Membership fee may become due and may be charged before cancellation becomes effective. Client will continue to receive the applicable Membership Benefits through the effective cancellation date, subject to these Terms.
Cancellation stops future automatic renewals after the effective cancellation date but does not retroactively cancel: (a) Membership fees already validly earned or charged; (b) Poseidon fees for Concierge Services already performed; (c) Provider Charges; (d) nonrefundable deposits or purchases; (e) approved expenses; (f) cancellation or change charges validly incurred; (g) Service Orders already accepted; or (h) other obligations accrued before the effective cancellation date.
Except as required by applicable law or expressly provided in a Service Order or promotion, Membership fees are not prorated or refunded merely because Client does not use all available Membership Benefits during a billing period or cancellation-notice period.
Unused Standard Requests, included concierge hours, credits, or other expiring benefits remain subject to Section 14 and do not become refundable or redeemable for cash upon cancellation.
Cancellation of a Membership does not automatically cancel an existing travel booking, event project, reservation, purchase, Provider commitment, pending Concierge Service, or Service Order. Client must separately request any available cancellation of those arrangements, and Sections 34 and 35 and the applicable Provider terms will determine the resulting financial consequences.
Poseidon may terminate a Membership upon the same ordinary notice period applicable to Client where termination is without cause, unless a different period is disclosed or required by applicable law. Poseidon may suspend or terminate Membership immediately for cause as provided in Section 52.
18. Promotions; Credits
Poseidon may from time to time offer promotional Membership pricing, introductory rates, trial periods, referral benefits, credits, discounts, founding-member programs, complimentary benefits, promotional upgrades, bundled services, or other limited offers (collectively, “Promotions”).
Each Promotion is subject to the specific eligibility requirements, enrollment period, duration, pricing, exclusions, limitations, capacity restrictions, redemption procedures, and other conditions disclosed in connection with the Promotion.
Unless Poseidon expressly states otherwise, Promotions: (a) are available only during the stated promotional period and subject to available capacity; (b) may be limited to new Clients, new Members, particular Membership tiers, particular households or Accounts, geographic areas, referral sources, or other stated categories; (c) may not be transferred, assigned, resold, redeemed for cash, or applied retroactively; (d) may not be combined with another Promotion, discount, credit, or preferred rate unless Poseidon expressly permits combination; (e) apply only to the particular fees or Services expressly identified; (f) do not reduce or eliminate Provider Charges or other third-party expenses unless expressly stated; and (g) may be withdrawn or modified prospectively before enrollment, subject to applicable law.
For any Promotion in which the recurring Membership price increases after an introductory or discounted period, Poseidon will disclose the introductory rate, duration of the promotional period, standard recurring rate or applicable post-promotional pricing terms, and automatic-renewal consequences before Client enrolls.
Client may not create multiple Accounts, use different identities or payment methods, misrepresent household status, cancel and reenroll repeatedly, or otherwise manipulate an enrollment process for the purpose of receiving a Promotion more times than permitted. Poseidon may deny, reverse, or terminate a promotional benefit obtained through fraud, misrepresentation, duplicate enrollment, or other abuse, without limiting other rights available under these Terms.
A promotional discount does not alter the scope or nature of the applicable Membership Benefits unless the Promotion expressly states otherwise. A discounted Membership receives the same applicable Membership Benefits as the corresponding standard-priced Membership tier unless the promotional terms provide otherwise.
A Promotion does not guarantee that Poseidon will continue to offer the same Promotion, Membership tier, or pricing to other Clients or at another time. Poseidon’s decision to extend, modify, waive, or honor a Promotion in a particular circumstance does not create an obligation to do so for another Client.
Any promotional credit issued by Poseidon is subject to the conditions disclosed when issued. Unless otherwise stated, credits have no cash value, may be used only toward eligible Poseidon fees rather than Provider Charges, may not be transferred, and may expire as disclosed, subject to applicable law.
19. Reservations; Dining; Appointments; Access Requests
Poseidon may assist Client with researching, requesting, arranging, modifying, or coordinating reservations, appointments, dining arrangements, venue access, hospitality opportunities, waitlist requests, special accommodations, and other reservation- or access-based Concierge Services.
All such arrangements are subject to availability, Provider acceptance, Provider capacity, applicable eligibility requirements, and any other conditions imposed by the applicable Provider. Poseidon does not guarantee that any requested reservation, appointment, table, seating location, admission, upgrade, special accommodation, preferred time, waitlist clearance, access opportunity, or other requested arrangement will be available or obtained.
A Request submitted to Poseidon is not itself a confirmed reservation or appointment. Client should not rely upon a requested arrangement as confirmed unless and until Poseidon or the applicable Provider communicates confirmation. Provider inventory, pricing, schedules, reservation terms, and availability may change before confirmation.
Client is responsible for reviewing each confirmation promptly and notifying Poseidon of any material error or discrepancy. Client is also responsible for complying with all Provider requirements applicable to the reservation or appointment, including arrival or check-in times, cancellation deadlines, minimum spends, deposits, age restrictions, identification requirements, dress codes, codes of conduct, guest limits, seating policies, health or accessibility requirements, and other Provider rules.
Where a reservation requires a deposit, credit-card guarantee, minimum spend, cancellation commitment, prepayment, or other financial obligation, Client is responsible for the applicable Provider Charges in accordance with Section 11.
If Client requests a modification, cancellation, increase or decrease in party size, change in date or time, special accommodation, or other revision after an arrangement has been confirmed, Poseidon may assist in requesting the change but does not guarantee that the Provider will accept it or that the original arrangement can be restored if the requested change cannot be completed.
Poseidon may communicate Client preferences or special requests to a Provider, including preferred seating, room characteristics, dietary preferences, celebration information, accessibility requests, or other desired accommodations. Such requests remain subject to Provider acceptance and do not become guaranteed conditions merely because Poseidon communicated them.
Client acknowledges that certain reservations, venues, appointments, experiences, or hospitality opportunities may be subject to Provider-imposed cancellation fees, no-show charges, late-arrival consequences, minimum spends, nonrefundable deposits, or other restrictions. Poseidon may communicate such terms when reasonably available, but Client remains responsible for reviewing Provider terms supplied in connection with the arrangement.
Poseidon may, but is not obligated to, request an exception, waiver, credit, alternative arrangement, or other accommodation from a Provider on Client’s behalf. Any such assistance does not guarantee a favorable result and does not obligate Poseidon to absorb any Provider Charge or other resulting cost.
20. Travel Services; Traveler Responsibilities; Travel Risks
Poseidon may provide Explore Services involving personalized travel research, itinerary planning, accommodations, hotels, resorts, villas, cruises, dining, activities, tours, wellness experiences, transportation coordination, airport transfers, destination logistics, provisioning, special-access requests, pre-departure planning, booking assistance, confirmation management, and in-destination support.
Travel involves arrangements with independent Providers and governmental authorities whose requirements, schedules, availability, prices, and operations may change before or during travel. Client and each traveler are responsible for reviewing all travel confirmations and determining the requirements applicable to the traveler and itinerary.
Without limiting Section 8, Client is responsible for ensuring that Poseidon receives accurate traveler information, including each traveler’s full legal name as it appears on the identification or travel document to be used, date of birth, nationality or residency information where relevant, contact information, and any other information required for the requested arrangement.
Client and each traveler are solely responsible for obtaining, maintaining, and traveling with all documents and authorizations required for the itinerary, which may include passports, visas, entry or transit authorizations, permits, identification, immigration documentation, parental or minor-travel documentation, health documentation, vaccination documentation, or other government-required materials.
Any information Poseidon provides concerning passport, visa, immigration, customs, entry, exit, transit, health, vaccination, identification, or other governmental requirements is provided as a convenience based upon information reasonably available at the time and is not legal, immigration, medical, or governmental advice. Requirements may change, and Client and each traveler are responsible for independently confirming applicable requirements with the appropriate government authority, embassy, consulate, carrier, or qualified professional before travel.
Client and each traveler are responsible for evaluating destination conditions and their own ability and willingness to travel, including weather, health conditions, security conditions, accessibility, physical demands, political conditions, local laws and customs, transportation conditions, travel advisories, and other circumstances relevant to the itinerary.
Client is responsible for allowing sufficient time for transportation connections, security procedures, immigration or customs processing, check-in, boarding, transfers, appointments, activities, and other scheduled components. Poseidon is not responsible for a missed flight, cruise, transfer, activity, reservation, appointment, or connection to the extent resulting from Client’s or a traveler’s late arrival, insufficient planning time requested by Client, failure to comply with Provider or governmental requirements, or circumstances outside Poseidon’s reasonable control.
Travel Providers may change schedules, routes, aircraft, vessels, rooms, properties, amenities, itineraries, ports, stops, seating, equipment, activities, transportation, or other components before or during travel. Poseidon may assist Client in responding to such changes but cannot guarantee restoration of the original arrangement or availability of a substitute on comparable terms.
Travel may also be affected by circumstances including severe weather, natural disasters, public-health conditions, governmental action, border restrictions, strikes or labor disruptions, mechanical problems, carrier disruptions, overbooking, cancellations, schedule changes, Provider insolvency, closures, civil unrest, security events, utility failures, or other circumstances beyond Poseidon’s reasonable control.
If travel is delayed, interrupted, changed, or cancelled, Poseidon may, subject to availability and the applicable scope of Services, assist Client with alternatives, rebooking, Provider communications, refund or credit requests, or revised arrangements. Any additional fares, rates, deposits, penalties, accommodation costs, transportation costs, Provider fees, or other expenses remain Client’s responsibility unless Poseidon expressly agrees otherwise.
Poseidon does not guarantee that substitute travel arrangements will be available, equivalent to the original arrangements, provided at the same price, or acceptable to Client.
Client and each traveler remain responsible for complying with applicable carrier, lodging, cruise, venue, tour, activity, transportation, and other Provider terms, including check-in requirements, baggage restrictions, cancellation rules, conduct requirements, age restrictions, health requirements, and other conditions of carriage or service.
Nothing in Poseidon’s planning, recommendations, itinerary design, destination research, or coordination constitutes a representation or warranty that travel to a particular destination or participation in a particular activity is safe, suitable, risk-free, medically appropriate, or appropriate for a particular traveler.
21. Seller of Travel
Poseidon will conduct travel-related activities subject to the requirements of the Florida Sellers of Travel Act and other applicable law to the extent such requirements apply to Poseidon’s activities.
THE POSEIDON GROUP SERVICES, LLC D/B/A POSEIDON LIFESTYLE CONCIERGE GROUP IS REGISTERED WITH THE STATE OF FLORIDA AS A SELLER OF TRAVEL, REGISTRATION NO. ST150093.
Nothing in these Terms waives or limits any right or remedy provided to Client under the Florida Sellers of Travel Act or other applicable law that cannot lawfully be waived.
22. Travel Insurance
Client acknowledges that travel may involve substantial financial and personal risk arising from cancellation, interruption, delay, missed connections, illness, injury, medical emergencies, evacuation, baggage loss or damage, Provider insolvency, severe weather, natural disasters, governmental restrictions, or other unforeseen circumstances.
Poseidon strongly encourages Client and each traveler to independently evaluate whether travel insurance or other appropriate insurance coverage should be obtained for the contemplated trip.
Depending upon the itinerary and Client’s circumstances, coverage that a traveler may wish to evaluate can include trip cancellation, trip interruption, travel delay, emergency medical treatment, medical evacuation or repatriation, baggage or personal-property loss, rental-car or transportation risk, and other available coverage. The appropriate coverage depends upon the individual traveler and travel arrangements, and Poseidon does not determine what coverage is adequate for Client.
Unless Poseidon becomes properly licensed or otherwise legally authorized and expressly agrees to provide such services, Poseidon does not sell, solicit, negotiate, underwrite, interpret, recommend specific insurance coverage, determine the adequacy of insurance, or provide legal or insurance advice.
Poseidon may provide general information concerning the existence or availability of travel insurance, may provide a link or contact information for an insurer, broker, travel-insurance platform, or other Provider, or may communicate administrative information supplied by such Provider. Such assistance does not constitute a representation concerning the scope, adequacy, applicability, exclusions, financial strength, claims practices, or suitability of any insurance product.
Any insurance policy is issued and administered by the applicable insurer or insurance Provider and is governed solely by its own policy terms, exclusions, eligibility requirements, conditions, limits, claim requirements, and applicable law. Poseidon is not responsible for whether a claim is accepted, denied, delayed, limited, or otherwise resolved.
Client is responsible for reviewing insurance terms before purchase and, where appropriate, consulting a licensed insurance professional concerning Client’s particular needs.
Client’s decision to decline or purchase insurance does not transfer to Poseidon risks that would otherwise be borne by Client, a traveler, or a Provider.
23. Events; Celebrations; Venues; Guests
Poseidon may provide Celebrate Services relating to private dinners, birthdays, anniversaries, showers, milestone celebrations, corporate dinners, retreats, client entertainment, community events, venues, restaurants, entertainment, décor, transportation coordination, vendors, guest logistics, invitations, reservations, schedules, gifting, day-of concierge support, and related event planning or coordination.
The specific scope of Poseidon’s event-related responsibilities will be determined by the applicable Service Order. Unless expressly included, Poseidon is not responsible for every aspect of an event merely because Poseidon assists with one or more event components.
Client is responsible for timely providing and approving all information reasonably necessary for the event, including the date, location, anticipated guest count, budget, schedule, desired experience, special requirements, dietary or accessibility information communicated by Client, and other material event details.
Venue and Provider availability, pricing, minimum commitments, deposits, cancellation terms, staffing requirements, permits, rules, deadlines, menus, equipment, capacity limits, and other conditions may change before the applicable arrangement is confirmed.
Client is responsible for reviewing and complying with applicable venue and Provider terms, including occupancy and capacity requirements, age restrictions, noise restrictions, alcohol policies, identification requirements, security procedures, parking or valet requirements, access restrictions, décor rules, fire or life-safety restrictions, load-in and load-out requirements, cleanup obligations, vendor deadlines, and other applicable conditions.
Where Client requests an event or activity requiring a permit, governmental approval, license, special insurance coverage, security plan, certificate of insurance, additional insured status, or other formal requirement, Poseidon may assist in coordinating the applicable requirement if included in the Service Order. Unless expressly agreed otherwise, Client remains responsible for ensuring that required approvals applicable to Client or the event are obtained and for paying associated costs.
Client is responsible for the conduct of Client’s guests and invitees and for Provider Charges or other amounts properly imposed as a result of conduct attributable to Client or Client’s guests, including property damage, excessive cleaning, overtime, unauthorized access, additional security, excess attendance, or other charges resulting from Client-controlled conduct.
Poseidon may coordinate event Providers and communicate schedules, instructions, specifications, or Client-approved plans. Poseidon does not guarantee that every Provider will perform precisely as scheduled or that an event will occur without delay, error, substitution, weather impact, Provider failure, guest issue, or other disruption.
If an event is outdoors or otherwise weather-dependent, Client acknowledges that weather conditions may require delay, modification, relocation, cancellation, or implementation of a contingency plan. Poseidon may recommend contingency options but does not guarantee that a suitable backup venue, Provider, schedule, or arrangement will be available.
Any additional costs resulting from weather plans, venue changes, overtime, guest-count changes, Provider substitutions, schedule extensions, Client modifications, or other event changes are subject to Client approval and the applicable Provider terms except to the extent already authorized under an Approved Spending Limit.
Poseidon may require a separate Event Services Addendum, event-specific Service Order, insurance documentation, Provider agreement, or other authorization where the size, complexity, location, alcohol service, activities, guest count, or risk profile of an event reasonably warrants additional terms.
24. Food; Dietary Restrictions; Allergies; Alcohol; Security
Client shall provide Poseidon with accurate information concerning dietary preferences, known food allergies, intolerances, accessibility requirements, or other material food-related restrictions that Client wishes Poseidon to communicate to a restaurant, caterer, chef, venue, hotel, event Provider, or other applicable Provider.
Poseidon may communicate such information to Providers but does not prepare or control food merely because it arranged or coordinated the applicable dining or event service. Client acknowledges that restaurants, caterers, chefs, venues, kitchens, food manufacturers, and other Providers control food preparation, ingredients, sourcing, labeling, storage, cross-contact precautions, and service practices.
Unless Poseidon itself expressly undertakes food preparation in a separate written agreement, Poseidon does not represent or warrant that food or a dining environment will be free from a particular allergen, ingredient, contaminant, or cross-contact risk.
A Client or guest with a severe or potentially life-threatening allergy, dietary condition, or medical restriction should communicate directly with the applicable food Provider where appropriate and make an independent determination regarding whether consuming the food is safe. Poseidon does not provide medical advice concerning allergies or dietary conditions.
Where alcohol is served, sold, supplied, delivered, or made available in connection with an event, dining arrangement, transportation arrangement, hospitality experience, or other Concierge Service, alcohol service must be performed by the applicable venue, caterer, retailer, bartender, restaurant, or other legally authorized Provider where required.
Unless Poseidon expressly states otherwise in a separate agreement, Poseidon does not sell or serve alcoholic beverages, determine whether an individual should consume alcohol, supervise alcohol consumption, verify sobriety, or undertake a duty to prevent a Client or guest from consuming alcohol.
Client and Client’s guests remain responsible for their own conduct, compliance with applicable law, and safe transportation. Poseidon may assist with transportation coordination but does not guarantee the availability of transportation at a particular time.
Where an event or activity requires professional security, crowd management, protective services, lifeguard services, medical services, or similar specialized personnel, those services must be supplied by appropriately qualified Providers.
Poseidon may recommend that Client obtain security, medical support, transportation, or other risk-management services based upon the anticipated nature of an event. Such a recommendation does not itself make Poseidon responsible for determining the exact level of protection required or supervising the Provider selected to furnish it.
If Poseidon determines that an event, activity, guest condition, intoxication issue, safety condition, or other circumstance presents an imminent or material risk to persons or property, Poseidon may suspend its own Services, contact the Client or an Authorized Representative, notify venue personnel or a Provider, or contact appropriate emergency services where Poseidon reasonably determines such action is warranted. Nothing in this paragraph creates a general duty by Poseidon to monitor Clients or guests for dangerous conditions.
25. Tickets; Entertainment; Hospitality; Special Access
Poseidon may assist with researching, sourcing, requesting, coordinating, purchasing, or facilitating tickets, admission, entertainment, hospitality, reservations, packages, special-access requests, and related experiences through authorized or otherwise lawful channels.
All tickets, admissions, hospitality arrangements, and special-access opportunities are subject to actual availability and the terms imposed by the applicable issuer, venue, team, league, promoter, performer, ticket platform, reseller, hospitality Provider, or other Provider.
A Request for a ticket or access opportunity does not guarantee that Poseidon can obtain it. Poseidon shall not be deemed to have promised or guaranteed access merely because it agrees to research, source, pursue, request, or attempt to arrange the opportunity.
Client acknowledges that ticket inventory and pricing may change rapidly and that a quoted price or identified opportunity may become unavailable before Client authorizes purchase or before the transaction is completed. Where pricing materially changes, Section 11 governs Client approval.
Tickets and access rights may be subject to age restrictions, identification requirements, transfer restrictions, resale restrictions, mobile-device requirements, geographic limitations, arrival windows, dress codes, security screening, codes of conduct, bag policies, venue rules, cancellation terms, and other Provider requirements. Client and each attendee are responsible for complying with those requirements.
Client is responsible for ensuring that attendee names, contact information, account information, mobile-ticket information, identification, and other data provided for ticket delivery or admission are accurate.
Client may not use Poseidon to acquire tickets or access through fraud, impersonation, credential misuse, unlawful resale practices, circumvention of ticketing controls, bribery, unauthorized account use, or other unlawful or prohibited conduct.
Poseidon may decline any Request involving access that Poseidon reasonably believes cannot lawfully or appropriately be obtained.
Event dates, times, performers, participants, programs, seating locations, venue configurations, entrances, amenities, menus, and other event details may change after purchase. Poseidon does not control those changes.
If an event is postponed, relocated, materially changed, or cancelled, the applicable Provider’s policies will determine whether the ticket or hospitality arrangement remains valid or whether a refund, credit, rescheduled admission, or other remedy is available. Poseidon does not guarantee that cancellation or postponement will result in a cash refund.
Poseidon may assist with a Provider refund, replacement, credit, transfer, or dispute as part of its Concierge Services, but Sections 34 and 35 govern the financial consequences and treatment of Provider Charges and Poseidon fees.
Any statement that Poseidon can provide “special access,” “VIP access,” “preferred access,” “exclusive access,” or similar services describes Poseidon’s ability to pursue available opportunities through its network and Providers and does not constitute a guarantee that any specific inaccessible, sold-out, restricted, private, or invitation-only opportunity can be obtained.
26. Transportation Coordination
Poseidon may assist Client with researching, requesting, arranging, scheduling, modifying, or coordinating transportation through independent Providers, including airport transfers, private-car services, chauffeured transportation, rides, shuttles, vans, buses, limousines, water transportation, or other transportation appropriate to the applicable Request.
Unless Poseidon expressly states otherwise in a separate written agreement and possesses all legally required authority to do so, Poseidon does not itself operate the vehicle or transportation service, employ or control the driver, act as a motor carrier, determine the route actually taken, maintain or inspect Provider vehicles, or provide transportation services.
Transportation is subject to Provider availability, Provider terms, traffic, road conditions, weather, accidents, construction, closures, law-enforcement activity, mechanical issues, passenger conduct, flight or event delays, local restrictions, and other conditions that may affect pickup and arrival times.
Any pickup time, travel time, route, or anticipated arrival communicated by Poseidon is an estimate unless the applicable Provider expressly guarantees otherwise. Client is responsible for allowing sufficient time for flights, cruises, appointments, events, reservations, connections, security procedures, and other time-sensitive obligations.
Poseidon does not guarantee that a transportation Provider will arrive at a particular time, use a particular vehicle, provide a particular driver, follow a particular route, or complete transportation within an estimated period.
Client shall provide accurate pickup and destination information, passenger count, luggage requirements, mobility or accessibility needs, and other material information reasonably necessary to arrange transportation.
Client is responsible for determining and communicating any requirement for child-restraint systems, accessible vehicles, specialized seating, oversized luggage capacity, pet transportation, or other particular transportation needs. Poseidon may communicate such a request to the Provider but does not guarantee accommodation until confirmed.
Client and passengers are responsible for complying with Provider rules and applicable law and for behaving in a manner that does not create unsafe conditions, damage Provider property, or materially interfere with the transportation service. Client is responsible for Provider Charges properly assessed as a result of Client or passenger conduct, including waiting time, overtime, cleaning, damage, route changes, additional stops, or similar charges.
Poseidon may coordinate replacement transportation where a Provider fails to appear or is otherwise unable to perform, but Poseidon does not guarantee substitute availability or equivalent pricing and is not obligated to bear additional transportation costs caused by the Provider’s failure.
Nothing in Poseidon’s coordination of transportation constitutes a representation that transportation is risk-free or a guarantee of any Provider’s driving, vehicle condition, licensing, insurance, safety practices, or performance. Any Provider screening undertaken by Poseidon remains subject to Section 5.
27. Personal Shopping; Gifts; Merchandise; Returns
Poseidon may assist Client with personal shopping, wardrobe sourcing, gift sourcing, product research, purchasing coordination, delivery coordination, returns or exchanges, and related Concierge Services.
Client shall provide reasonably accurate information concerning the requested merchandise, including preferences, budget, recipient, sizes, measurements, brands, colors, materials, quantity, timing, delivery information, gift instructions, or other specifications relevant to the Request.
Poseidon may research and present options based upon Client’s stated criteria and information reasonably available from retailers or other Providers. Product availability, pricing, specifications, photographs, sizing, materials, delivery times, promotions, and inventory may change before purchase.
Unless a specific item has been expressly guaranteed by a Provider, Poseidon does not warrant that an item will remain in stock while Client considers a recommendation or before a purchase is finalized.
Where Client authorizes Poseidon to select among comparable items within defined parameters, Poseidon may use reasonable judgment consistent with Client’s communicated preferences and Approved Spending Limit. Poseidon is not responsible merely because Client ultimately prefers a different aesthetic, color, style, fit, brand, or subjective characteristic where the purchased item reasonably complied with Client’s authorized parameters.
Poseidon will not make a materially different substitution outside Client’s authorization merely because the originally requested item is unavailable. Poseidon may instead present alternatives or request additional authority.
Purchases are subject to the applicable retailer’s or merchant’s terms, including pricing, taxes, inventory, shipping, delivery, warranties, authenticity representations, return periods, exchange requirements, restocking fees, final-sale rules, personalized-item restrictions, and other conditions.
Unless Poseidon itself is expressly identified as the seller of merchandise, Poseidon does not become the retailer, manufacturer, distributor, merchant, warrantor, or guarantor of an item merely because Poseidon researched, recommended, sourced, purchased, picked up, arranged shipment of, or otherwise facilitated Client’s acquisition of the item.
Any manufacturer or retailer warranty remains subject to its own terms.
Client acknowledges that personalized, monogrammed, made-to-order, altered, perishable, limited-release, final-sale, custom, event-specific, or otherwise specially sourced goods may be nonreturnable or subject to restrictive return terms. Poseidon may require express approval before committing to a material nonrefundable purchase pursuant to Section 11.
If Client requests a return or exchange, Poseidon may assist as an additional Concierge Service subject to the applicable scope, fees, Membership Benefits, timing, and merchant policies. Poseidon cannot guarantee that a Provider will accept a return, permit an exchange, waive a deadline, refund shipping, restore a promotional price, or provide another remedy.
Client is responsible for promptly notifying Poseidon of any apparent defect, incorrect item, shipping damage, missing merchandise, or other issue if Client wishes Poseidon to attempt to assist before the applicable Provider deadline expires.
Where merchandise is shipped or delivered directly by a Provider or common carrier, Provider and carrier terms govern shipment and delivery. Poseidon may assist with tracking, claims, replacement requests, or Provider communications but does not guarantee recovery for lost, stolen, damaged, delayed, or misdelivered goods.
If Poseidon itself takes temporary physical possession of Client-purchased merchandise solely for an agreed Concierge purpose, such as pickup, gifting preparation, coordination, or delivery, the scope and risk associated with that possession will be addressed under these Terms and, where appropriate, the applicable Service Order. Nothing about temporary possession automatically converts Poseidon into a warehouse, professional carrier, insurer, or long-term bailee.
28. Errands; Deliveries; Personal and Household Coordination
Poseidon may provide LIVE Services involving errands, pickups, drop-offs, deliveries, local coordination, appointment coordination, household logistics, personal research, family-calendar support, gifting support, vendor coordination, and other day-to-day Concierge Services.
The scope of any errand, delivery, pickup, household-coordination assignment, or similar Service shall be limited to the Request accepted by Poseidon. Client shall provide accurate addresses, contact information, pickup or delivery instructions, timing requirements, recipient information, access information, item descriptions, special handling instructions, and other information reasonably necessary to perform the Request.
Where a Request involves the pickup, transportation, delivery, return, exchange, or temporary handling of property, Client represents and warrants that Client owns the property or otherwise possesses lawful authority to direct Poseidon to handle or coordinate handling of it.
Client shall not ask Poseidon to possess, transport, deliver, purchase, store, conceal, transfer, or otherwise handle any unlawful item or any item that Poseidon reasonably determines presents an unacceptable legal, safety, security, insurance, reputational, or operational risk.
Without limiting the foregoing, Poseidon may refuse Requests involving cash or cash equivalents; negotiable instruments; controlled substances or unlawful drugs; firearms, ammunition, explosives, or weapons; hazardous or toxic substances; illegal or contraband goods; stolen property; regulated biological materials; unusually valuable jewelry, artwork, collectibles, or similar property; prescription medications requiring specialized handling; live animals other than incidental pet-related coordination expressly accepted by Poseidon; or any property requiring transportation, storage, licensing, insurance, security, or handling capabilities that Poseidon does not possess.
Poseidon may also establish reasonable value limits, geographic limits, weight or size limits, delivery areas, operating hours, or other restrictions applicable to errands or property handling.
Where Poseidon uses a courier, delivery company, rideshare service, common carrier, retailer, postal service, household Provider, or other independent Provider to complete all or part of an errand or delivery, the applicable Provider’s terms and restrictions apply.
Poseidon does not guarantee an exact pickup or delivery time unless expressly agreed in a Service Order. Delivery and errand timing may be affected by traffic, weather, Provider delays, store or business hours, inventory, recipient availability, building restrictions, security procedures, road conditions, or other circumstances.
Client is responsible for ensuring that an appropriate recipient is available where necessary and for providing any identification, authorization, building-access, loading, parking, or delivery information reasonably required.
If an item cannot be delivered because Client supplied inaccurate information, the recipient is unavailable, access is denied, a Provider rejects delivery, or another circumstance attributable to Client prevents completion, Client remains responsible for Concierge Services already performed and any resulting Provider Charges, return costs, redelivery fees, parking charges, tolls, or other authorized expenses.
Where Poseidon temporarily possesses ordinary Client property solely for purposes of completing an accepted Concierge Service, Poseidon will exercise reasonable care under the circumstances. Such temporary possession does not make Poseidon a professional warehouse, armored carrier, security service, insurer, or long-term storage provider.
Client should not provide Poseidon with property of exceptional or irreplaceable sentimental, financial, artistic, collectible, or confidential value unless Poseidon has expressly agreed in advance to handle the particular item.
29. Property Access; Vacation-Home Services; Client Responsibilities
Poseidon may provide or coordinate LIVE Services involving Client Property, including vacation-home arrival or departure preparation, home-watch coordination, vendor access, delivery access, property-related errands, household coordination, and other limited property-support services accepted by Poseidon.
By requesting any Service requiring access to Client Property, Client represents and warrants that Client owns, leases, occupies, manages, or otherwise possesses lawful authority to grant Poseidon and any approved Provider access to the applicable property for the purposes described in the Request.
Client grants Poseidon a limited, revocable license to enter or facilitate authorized entry onto Client Property solely to perform or coordinate the accepted Concierge Services. Such authorization does not grant Poseidon any possessory interest, tenancy, management right, or broader authority over the property.
Client shall provide complete and accurate instructions concerning all matters reasonably relevant to safe and lawful property access, which may include: (a) keys, gates, access cards, garage access, building credentials, alarm systems, smart locks, and access codes; (b) occupants, tenants, guests, household staff, neighbors, building personnel, or other persons who may be present; (c) pets or other animals; (d) surveillance cameras, recording devices, alarm systems, or monitoring systems; (e) construction or renovation activity; (f) pools, spas, docks, elevators, generators, electrical systems, water systems, gas systems, or other property features posing material risks; (g) known hazards, defective conditions, restricted areas, or unsafe conditions; (h) valuable, fragile, confidential, or sensitive property; (i) emergency contacts; (j) authorized Providers; (k) property-management, condominium, homeowners’ association, or building requirements; and (l) other information reasonably necessary for the applicable Service.
Client shall secure or remove firearms, weapons, controlled substances, prescription medications, cash, negotiable instruments, high-value jewelry, confidential documents, and other unusually sensitive or dangerous property before Poseidon personnel or Providers enter the premises, unless Poseidon has expressly agreed otherwise.
Client remains responsible for maintaining the premises in a reasonably safe condition and for maintaining any property, homeowner’s, renter’s, flood, windstorm, liability, or other insurance Client considers appropriate.
Client shall ensure that any alarm, surveillance, access-control, gate, building, or smart-home authorization provided to Poseidon may lawfully be used for the contemplated purpose.
Poseidon may maintain custody records for physical keys, access cards, codes, or similar Property Access Credentials and may impose procedures concerning duplication, distribution, use, retention, return, deletion, or deactivation of those credentials.
Poseidon may provide Property Access Credentials to an approved Provider where Client has authorized Provider access expressly or through the accepted scope of the Request. Poseidon may require Client to approve a Provider before granting access.
Client acknowledges that granting access to a Provider involves inherent risks, including property damage, theft, unauthorized activity, loss of privacy, or misuse of access. Provider conduct remains subject to Sections 5 and 33 and the applicable Provider’s own obligations.
If Poseidon determines that property instructions are incomplete, conflicting, unsafe, unlawful, or materially different from the conditions encountered at the property, Poseidon may suspend access or Services until Client provides further instructions.
Poseidon may require Client to execute or electronically accept a separate Property Access Authorization before Poseidon accepts Property Access Credentials or begins property-access Services. Such authorization may contain property-specific access instructions, emergency authority, spending limits, credential logs, approved Provider lists, insurance information, and other conditions supplementing these Terms.
30. Nature and Limitations of Home-Watch and Property-Support Services
Unless Poseidon expressly agrees otherwise in writing, any home-watch, property-check, vacation-home, arrival/departure preparation, or similar property-support Service provided by Poseidon is a limited concierge service performed according to the agreed scope and does not constitute comprehensive property management, security, guard service, professional property inspection, building inspection, home inspection, continuous monitoring, insurance, caretaking, emergency-response coverage, or a guarantee against loss or damage.
A property visit is limited to the observations and tasks reasonably included in the applicable Service Order or checklist. Poseidon is not obligated to inspect every room, system, component, appliance, fixture, utility, structural element, exterior area, roof, crawlspace, attic, pool system, electrical system, plumbing system, HVAC system, generator, alarm system, or other feature unless specifically included in the accepted scope.
Poseidon does not undertake a duty to discover latent, concealed, intermittent, inaccessible, or technically complex conditions. A visual or checklist-based property visit is not a substitute for inspection by a licensed contractor, engineer, electrician, plumber, home inspector, mold assessor, pest-control professional, roofer, security professional, or other qualified specialist.
Accordingly, unless expressly included within the accepted scope and reasonably observable during the visit, Poseidon does not guarantee detection of conditions including theft, attempted intrusion, water intrusion, plumbing leaks, roof leaks, mold, moisture, pest infestation, electrical failure, appliance malfunction, HVAC failure, generator malfunction, pool or spa conditions, structural damage, landscaping issues, storm damage, fire or smoke conditions, internet or utility outages, vandalism, or other property problems.
Poseidon does not provide continuous surveillance and does not guarantee that a property will remain safe, secure, operational, undamaged, or free from unauthorized entry between visits.
Poseidon does not assume custody or control of the entire premises merely because Poseidon possesses a key, code, or other Property Access Credential or periodically enters the property.
Poseidon is not responsible for preexisting conditions, ordinary wear and tear, latent defects, deterioration, undisclosed hazards, casualty events, criminal activity, Provider conduct, or losses arising from inaccurate or incomplete property instructions, except to the extent such liability cannot lawfully be limited.
If Poseidon observes a condition that appears to require specialized evaluation or repair, Poseidon may notify Client and, if authorized, coordinate an appropriate Provider. Poseidon has no duty to diagnose the cause, determine the technical severity, perform the repair, or warrant the Provider’s work.
Nothing in Poseidon’s home-watch or household coordination offering constitutes community association management. Likewise, nothing in these Terms authorizes Poseidon to perform real-estate brokerage activities or other services requiring a real-estate license.
31. Emergencies; Emergency Contacts; Limited Emergency Authority
Poseidon is not an emergency-response service, medical provider, security provider, fire service, law-enforcement agency, property insurer, roadside-assistance provider, or substitute for emergency personnel.
Client should contact 911 or the appropriate emergency authority directly whenever circumstances require immediate police, fire, emergency medical, or other professional emergency assistance.
Client shall provide accurate emergency-contact information where reasonably requested in connection with property access, travel, event, household, or other Services for which emergency information may be relevant.
If Poseidon personnel encounter or become aware of circumstances that reasonably appear to present an imminent threat to persons or material risk to property, Poseidon may, but does not assume a general contractual duty to, take reasonable responsive actions based upon the information available at the time.
Such actions may include attempting to contact Client or an Authorized Representative, contacting an identified emergency contact, notifying building management or security, contacting an appropriate Provider, calling 911 or another governmental emergency service, or taking other limited measures Poseidon reasonably believes appropriate under the circumstances.
Poseidon is not liable merely because an attempted emergency contact cannot be reached or because an independent emergency responder, governmental agency, security provider, utility, building manager, repair Provider, or other third party responds or fails to respond in a particular manner, subject to nonwaivable law.
For Client Property, Client may separately authorize Poseidon to incur emergency expenditures up to an identified maximum amount when Poseidon cannot timely reach Client or an Authorized Representative. Any such authorization must be stated in a Property Access Authorization, Service Order, or other written or electronic approval.
Where emergency spending authority has been granted, Poseidon may use reasonable judgment to contact an appropriate Provider and authorize work reasonably believed necessary to mitigate immediate or further damage, up to the Approved Spending Limit.
An emergency spending authorization does not guarantee that a Provider will be available, that the problem can be corrected within the authorized amount, that additional damage will be prevented, or that a particular Provider response will be successful.
If the reasonably anticipated expense exceeds Client’s emergency spending authority and Poseidon cannot reach Client, Poseidon has no obligation to advance funds or authorize charges beyond the approved limit. Poseidon may nevertheless contact an appropriate emergency authority where necessary to address an apparent imminent threat to persons or property.
Client shall reimburse all properly authorized emergency Provider Charges and other expenses incurred on Client’s behalf.
Poseidon may decline to enter or remain at a property, event, vehicle, location, or other environment Poseidon reasonably believes poses a material risk to its personnel or Providers.
32. Regulated, Licensed, Medical, Professional, and Specialized Services
Poseidon provides lifestyle concierge, administrative, research, referral, sourcing, and coordination services. Poseidon does not, merely by assisting Client in locating or coordinating a professional or regulated service, undertake to perform that underlying professional or regulated service.
Unless Poseidon is itself properly licensed, registered, certified, authorized, or otherwise legally permitted to provide a particular service and expressly agrees in writing to provide it, Poseidon does not provide legal, tax, accounting, investment, financial, insurance, medical, nursing, psychological, therapeutic, pharmaceutical, immigration, security, investigative, childcare, home-health, real-estate brokerage, contracting, engineering, architectural, transportation, or other professional or regulated services.
Information Poseidon provides concerning such matters is limited to general administrative or logistical information intended to facilitate Concierge Services and is not a substitute for advice from an appropriately qualified professional.
Client is responsible for consulting a qualified professional where legal, medical, financial, insurance, safety, tax, regulatory, technical, or other specialized judgment is required.
Where Poseidon refers Client to or coordinates with a professional Provider, the professional independently determines the nature, scope, appropriateness, and manner of the professional service and remains responsible for its advice, licensure, professional judgment, records, treatment, recommendations, and performance.
Poseidon does not direct a licensed professional’s professional judgment and shall not be deemed to practice the applicable profession merely because Poseidon schedules an appointment, transmits Client-approved information, coordinates logistics, receives administrative communications, or facilitates payment.
Poseidon may decline any Request that would require Poseidon to engage in conduct for which Poseidon lacks required licensing, authorization, expertise, insurance, or operational capability.
Similarly, a Request relating to a Client’s insurance claim, insurance proceeds, or property loss does not authorize Poseidon to act as a public adjuster, negotiate an insurance claim, advise regarding policy coverage, or perform other insurance-regulated activity.
If Poseidon determines that a Request may cross into a regulated activity, Poseidon may suspend or limit its involvement pending review or may require Client to retain an appropriately licensed Provider.
33. Provider Selection; Referrals; Preferred Providers; Compensation
Poseidon may identify, research, recommend, introduce, source, or coordinate Providers based upon factors that may include Poseidon’s prior experience, reputation, references, responsiveness, availability, pricing, geographic coverage, licensing or insurance information where relevant, Client preferences, Provider capabilities, commercial relationships, and other information reasonably available at the time.
Poseidon may develop preferred-Provider relationships and may maintain internal Provider lists, preferred contacts, partnerships, referral relationships, or other commercial relationships intended to facilitate Client Services.
Selection or recommendation of a Provider reflects Poseidon’s concierge judgment based upon then-available information and does not constitute a guarantee that the Provider will perform without error or that the Provider will be appropriate for every Client or circumstance.
Client may decline a recommended Provider unless the nature of the accepted Request reasonably authorizes Poseidon to make routine Provider selections within parameters approved by Client.
Where Client selects a Provider independently or directs Poseidon to use a particular Provider, Poseidon may rely upon Client’s selection and is not responsible for having failed to recommend an alternative merely because another Provider later appears preferable.
Poseidon may conduct reasonable Provider diligence appropriate to the nature of the service. Such diligence is not a guarantee, certification, background investigation, financial audit, or continuing representation regarding the Provider’s status.
Client acknowledges that licensing, insurance, personnel, financial condition, ownership, reputation, policies, availability, and performance may change after Poseidon’s review.
Poseidon may receive commissions, referral fees, preferred-partner compensation, rebates, complimentary services, credits, upgrades, marketing support, promotional consideration, volume benefits, or other economic or non-economic benefits from certain Providers where lawful.
The receipt of such compensation or benefits does not necessarily reduce Poseidon’s separately disclosed Concierge Services fee unless Poseidon expressly states otherwise.
Poseidon will disclose a Provider relationship or compensation arrangement where disclosure is required by applicable law or where Poseidon determines that the relationship presents a material conflict that should be disclosed to Client.
The existence of a Provider compensation arrangement does not alter the Provider’s independent status under Section 5. Nothing in these Terms obligates Poseidon to disclose internal margins, negotiated commercial terms, confidential Provider arrangements, or compensation that applicable law does not require to be disclosed, except where Poseidon expressly agrees otherwise.
34. Provider Cancellations; Changes; Refunds; Credits
All Provider goods, services, reservations, purchases, tickets, accommodations, travel arrangements, event services, transportation, merchandise, activities, and other Provider transactions are subject to the applicable Provider’s cancellation, modification, refund, credit, exchange, rescheduling, no-show, deposit, minimum-spend, and other terms.
Client is responsible for Provider Charges properly arising from Provider terms accepted or authorized in connection with Client’s transaction, including nonrefundable deposits, cancellation charges, change fees, fare differences, no-show fees, minimum commitments, restocking fees, expedited charges, and other Provider-imposed amounts.
Poseidon may communicate Provider cancellation or refund terms when they are reasonably available to Poseidon, but Provider terms may change and are controlled by the applicable Provider.
Client should promptly notify Poseidon if Client wishes to change or cancel a Provider arrangement. A request to Poseidon to cancel or modify an arrangement is not effective against the Provider until Poseidon or Client actually completes the cancellation or modification in accordance with the Provider’s requirements.
Client remains responsible for any charge arising because a Provider cancellation deadline passed before Poseidon received and had a reasonable opportunity to act upon Client’s cancellation instruction.
Poseidon does not guarantee that a Provider will approve a cancellation, change, refund, credit, waiver, extension, substitution, upgrade, or exception.
If Client requests assistance with a Provider refund or credit, Poseidon may communicate with the Provider, submit a request, provide information, advocate for an exception, or otherwise assist within the applicable Concierge scope. Poseidon is not obligated to commence litigation, arbitration, administrative proceedings, credit-card disputes, insurance claims, or other formal proceedings against a Provider unless separately agreed.
Provider refunds may be returned directly to Client, returned to Client’s original payment method, issued as a credit, voucher, future-travel credit, merchandise credit, replacement, rescheduled service, or other remedy depending upon Provider policy.
Poseidon does not guarantee the form, timing, amount, transferability, expiration date, or usability of any Provider credit or refund.
If Poseidon receives Provider funds expressly for Client’s benefit, Poseidon will remit or credit the amount actually received to Client after it has cleared, less only: (a) amounts Client separately authorized Poseidon to deduct; (b) amounts properly payable to Poseidon under the applicable Service Order or these Terms; (c) amounts the Provider has expressly offset or withheld; or (d) other amounts lawfully subject to deduction.
Poseidon is not required to refund, advance, finance, or reimburse Provider funds that Poseidon has not actually received from the Provider.
A Provider’s issuance of a refund or credit does not automatically require Poseidon to refund a separate Concierge Services fee for work Poseidon already performed.
Conversely, a refund of a Poseidon fee does not itself cancel or refund an independent Provider obligation.
35. Poseidon Cancellations; Changes; Earned Fees; Refunds
Poseidon’s own Concierge Services fees are separate from Provider Charges and are governed by this Section, the applicable Service Order, and any service-specific cancellation terms presented to Client before the applicable engagement.
Unless a Service Order expressly provides otherwise, Poseidon fees compensate Poseidon for the research, planning, sourcing, coordination, communications, administrative work, reservation work, purchasing assistance, project management, scheduling, Provider interaction, and other Concierge Services Poseidon performs.
Accordingly, a Poseidon fee may become earned as Poseidon performs the work to which the fee relates, even where the underlying reservation, trip, event, purchase, Provider service, or other desired outcome is later cancelled, changed, unavailable, postponed, or unsuccessful for reasons not attributable to Poseidon’s failure to perform its accepted Concierge Services.
Where a flat or project fee covers work to be performed in stages, Poseidon may identify in the Service Order the portion earned upon commencement, upon completion of specified milestones, or as Services are performed.
Where Client cancels a Request after Poseidon has commenced work, Client remains responsible for fees attributable to Services already performed, together with approved expenses and Provider Charges already incurred or committed.
A deposit may be designated as refundable, partially refundable, nonrefundable, or applicable against future Poseidon fees as stated in the applicable Service Order. In the absence of an express designation, the treatment of a deposit will depend upon the Services performed, commitments incurred, and applicable law.
If Client requests a material change after Poseidon has performed substantial work based upon the original instructions, Poseidon may charge additional fees for duplicative or additional work in accordance with Section 9.
Client’s dissatisfaction with an independent Provider, Provider cancellation, Provider refusal to issue a refund, travel disruption, event postponement, unavailable reservation, changed ticket terms, or other third-party circumstance does not automatically entitle Client to a refund of Poseidon fees for Concierge Services properly performed.
If Poseidon itself cancels a Concierge Service that Poseidon directly agreed to perform before providing the corresponding work and the cancellation is not caused by Client’s breach, nonpayment, failure to provide information, unsafe conditions, unlawful conduct, force majeure, or another circumstance excusing performance under these Terms, Poseidon will refund or credit any unearned portion of the applicable Poseidon fee as required by the Service Order and applicable law.
If Poseidon has partially performed the Service before cancellation, Poseidon may retain the portion of the fee reasonably attributable to Services already performed and will address any unearned balance in accordance with the applicable Service Order and law.
Poseidon may also offer, in its discretion, a rebooking, account credit, replacement Service, or other accommodation instead of or in addition to a refund where Client agrees to that resolution.
A discretionary refund, credit, waiver, or accommodation issued in one circumstance does not modify these Terms or create an obligation to provide the same remedy in another circumstance.
Membership cancellations remain governed by Section 17 rather than this Section, although separately purchased Services and Provider commitments associated with a Member remain subject to this Section and Section 34.
Promotional, discounted, package, prepaid, retainer, or bundled Services may carry service-specific cancellation and refund conditions disclosed through the applicable Service Order or checkout page.
Nothing in this Section limits any cancellation or refund right that cannot lawfully be waived or any remedy available under applicable consumer-protection law.
36. Accounts; Registration; Credentials; Account Security
Poseidon may permit or require Users to create an Account in order to access certain features of the Digital Services, manage a Membership, submit Requests, review Concierge Services, communicate with Poseidon, make payments, approve expenditures, access documents or itineraries, or use other functionality made available through the Digital Services.
Client shall provide accurate, current, complete, and non-misleading information in connection with the creation and maintenance of an Account and shall promptly update such information as necessary.
An Account is personal to the applicable Client or authorized account holder and may not be sold, assigned, transferred, shared, sublicensed, or made available to another person except as expressly authorized by Poseidon. Nothing in this Section prohibits an Authorized Representative from using functionality Poseidon expressly makes available for authorized representative access.
Client is responsible for maintaining the confidentiality and security of all usernames, passwords, authentication methods, access codes, devices, and other credentials used to access the Account.
Client shall use reasonable security measures to prevent unauthorized access to the Account and shall promptly notify Poseidon if Client knows or reasonably suspects that: (a) an Account has been accessed without authorization; (b) login credentials or authentication methods have been lost, stolen, disclosed, or compromised; (c) an unauthorized person has submitted a Request, instruction, approval, purchase, or payment authorization; (d) Client’s email account, telephone number, or device used in connection with the Digital Services has been compromised; or (e) any other security incident may affect Client’s Account or Concierge Services.
Poseidon may rely upon activity conducted through authenticated Account credentials as having been initiated or authorized by Client unless Poseidon has received notice of unauthorized access and has had a reasonable opportunity to restrict the Account or otherwise respond.
Poseidon may require additional authentication, identity verification, payment verification, security procedures, or confirmation before permitting access to particular Account functionality or acting upon a Request or instruction.
Poseidon may refuse, delay, suspend, or restrict an Account or particular transaction if Poseidon reasonably suspects fraud, unauthorized access, identity theft, payment misuse, credential compromise, unlawful activity, a security threat, or other misuse.
Poseidon may require Client to change a password, establish multifactor authentication, reverify identity, confirm contact information, or take other reasonable security measures as a condition of continued Account access.
Client shall not attempt to access another person’s Account without authorization, misrepresent the identity of the person using an Account, or use another person’s credentials to circumvent eligibility, Membership, payment, security, or other restrictions.
Poseidon may maintain records of Account activity, including login activity, Requests, approvals, payment activity, communications, device or technical information, and other records reasonably necessary to operate the Digital Services, investigate misuse, maintain security, resolve disputes, and comply with applicable law, subject to Poseidon’s Privacy Policy.
Closure, suspension, or termination of an Account does not eliminate payment obligations, Provider commitments, accepted Service Orders, cancellation obligations, or other liabilities accrued before the effective date of closure, suspension, or termination.
37. Acceptable Use; Prohibited Conduct
Client may use the Digital Services and Concierge Services only for lawful purposes and in accordance with these Terms.
Client shall not, and shall not authorize, assist, encourage, or permit another person to: (a) use the Digital Services or Concierge Services for any unlawful, fraudulent, deceptive, abusive, threatening, harassing, discriminatory, exploitative, dangerous, or unauthorized purpose; (b) submit any false, inaccurate, misleading, fraudulent, or materially incomplete information concerning Client, another person, a payment method, a Request, property, travel, an event, a purchase, or any other matter relevant to the Services; (c) impersonate another person or entity, falsely claim authority to act for another person, or misrepresent Client’s identity, affiliation, eligibility, age, authority, ownership interest, or other material fact; (d) use a payment method, Account, Property Access Credential, ticketing credential, loyalty account, membership, identification document, reservation credential, or other property or information without lawful authorization; (e) request or direct Poseidon to engage in fraud, bribery, kickbacks, unlawful payments, money laundering, sanctions evasion, tax evasion, theft, trespass, forgery, misrepresentation, fraudulent reservations, ticketing abuse, unlawful resale, or other unlawful conduct; (f) request Poseidon to procure, purchase, possess, transport, conceal, deliver, transfer, or otherwise facilitate unlawful drugs, controlled substances without lawful authority, stolen property, contraband, prohibited weapons, illegal services, or other unlawful goods or activity; (g) request sexual services, prostitution, trafficking-related activity, exploitation, or any other activity prohibited by applicable law; (h) use Poseidon to circumvent or violate a Provider’s lawful eligibility requirements, security controls, access restrictions, ticket rules, reservation restrictions, age requirements, identification requirements, cancellation terms, purchase limits, or other material conditions; (i) harass, threaten, intimidate, abuse, discriminate against, stalk, exploit, or create unsafe conditions for Poseidon personnel, Providers, other Clients, guests, members of the public, or any other person; (j) interfere with, disrupt, overload, damage, disable, impair, or compromise the Digital Services or any server, network, database, system, software, security control, or Third-Party Service used in connection with them; (k) attempt to gain unauthorized access to an Account, system, network, database, communication, document, Client Information, or other restricted area or information; (l) introduce, transmit, distribute, or facilitate any virus, ransomware, spyware, malware, malicious code, corrupted file, harmful instruction, or other technology intended to disrupt, monitor, damage, or gain unauthorized access to any system, device, Account, or information; (m) use any bot, crawler, scraper, spider, script, automated system, data-mining tool, artificial intelligence agent, or other automated means to access, collect, copy, extract, index, monitor, reproduce, or use content or data from the Digital Services except as expressly authorized by Poseidon; (n) reverse engineer, decompile, disassemble, decode, modify, derive source code from, or otherwise attempt to discover the underlying software, systems, algorithms, architecture, or technology of the Digital Services; (o) copy, reproduce, publish, distribute, sell, license, commercialize, or create derivative works from Poseidon content, data, materials, or intellectual property except as expressly permitted by these Terms or applicable law; (p) use the Digital Services, Poseidon content, Provider information, pricing, Client-facing materials, or other nonpublic information to build, operate, train, support, benchmark, or improve a competing concierge, lifestyle-management, travel-planning, event-planning, membership, or related service; (q) scrape, harvest, compile, sell, disclose, or use contact information relating to Poseidon personnel, Providers, Clients, or other persons for unrelated solicitation, spam, harassment, competitive interference, or another unauthorized purpose; (r) interfere with Poseidon’s relationship with a Provider for the purpose of committing fraud, obtaining confidential information, misappropriating Poseidon’s proprietary relationships, or otherwise engaging in unlawful conduct; (s) knowingly submit material that infringes, misappropriates, or violates the intellectual property, privacy, publicity, confidentiality, contractual, or other rights of another person; or (t) engage in any conduct that Poseidon reasonably determines presents a material safety, security, legal, regulatory, financial, operational, or reputational risk to Poseidon, its personnel, Providers, Clients, or third parties.
Poseidon may investigate suspected violations and may remove or restrict content, decline or cancel a Request, suspend an Account, restrict access, preserve records, refuse further Services, terminate a Membership or Client relationship, or take any other action permitted under these Terms or applicable law.
Poseidon is not obligated to monitor every User, communication, Request, or activity and does not assume liability merely because it fails to detect prohibited conduct before it occurs.
38. User Materials; Client Content; Reviews; Feedback
Client may provide User Materials to Poseidon in connection with the Digital Services or Concierge Services, including photographs, videos, documents, design references, inspiration materials, guest lists, itineraries, preferences, text, communications, reviews, feedback, and other content.
Client retains any ownership rights Client possesses in User Materials, subject to the limited rights granted to Poseidon under this Section.
By providing User Materials for purposes of a Request or Concierge Service, Client grants Poseidon and its personnel and service providers a non-exclusive, worldwide, royalty-free license to access, host, store, reproduce, transmit, display, modify, format, distribute, and otherwise use the User Materials solely to the extent reasonably necessary to: (a) evaluate, arrange, coordinate, or perform Concierge Services; (b) communicate with Client, Authorized Representatives, Providers, and Third-Party Services; (c) prepare itineraries, proposals, schedules, event materials, purchasing materials, reservations, or other Client-requested deliverables; (d) maintain Client records and service history; (e) administer the Digital Services; (f) prevent fraud, maintain security, investigate disputes, or enforce these Terms; and (g) comply with applicable law or legal process.
Client represents and warrants that Client owns or otherwise possesses all rights, permissions, licenses, consents, and authority necessary to provide the User Materials and permit Poseidon to use them for the foregoing purposes.
Client shall not provide photographs, videos, designs, logos, music, documents, personal information, confidential information, or other third-party material unless Client has lawful authority to provide that material for the applicable purpose.
Any use of identifiable Client or guest materials for Poseidon advertising, social media, publicity, testimonials, case studies, promotional materials, or other public marketing shall be subject to any separate authorization or release required by Poseidon or applicable law.
Nothing in the preceding paragraph prevents Poseidon from using information in an aggregated, deidentified, or otherwise non-identifiable manner where permitted by its Privacy Policy and applicable law.
If Client voluntarily submits or publishes a review, testimonial, social-media post, public comment, or similar material concerning Poseidon, Poseidon may reproduce, repost, quote, display, and share that publicly available material for legitimate business and promotional purposes, subject to applicable law and any rights Client retains in the content.
If Client provides suggestions, ideas, recommendations, improvements, feature requests, process suggestions, or other feedback concerning Poseidon, its business, or the Digital Services (“Feedback”), Client grants Poseidon a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, modify, implement, commercialize, and otherwise exploit the Feedback without restriction or compensation, provided that Poseidon does not thereby acquire ownership of unrelated Client Confidential Information or other User Materials.
Poseidon may refuse, remove, delete, or restrict User Materials that Poseidon reasonably believes violate these Terms, applicable law, third-party rights, security requirements, or technical requirements.
39. Poseidon Intellectual Property; Limited License
As between Poseidon and Client, Poseidon and its licensors own and retain all right, title, and interest in and to the Digital Services and all content, technology, materials, designs, branding, functionality, software, systems, databases, interfaces, workflows, templates, processes, text, graphics, photographs, videos, audio, logos, trade names, service names, trademarks, domain names, proprietary methodologies, compilations, and other materials owned, developed, licensed, or made available by Poseidon, together with all intellectual property and proprietary rights therein (collectively, “Poseidon Materials”).
Poseidon Materials do not include User Materials owned by Client, subject to the rights granted under Section 38.
Subject to Client’s continuing compliance with these Terms, Poseidon grants Client a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the Digital Services and Poseidon Materials solely for Client’s personal use or authorized internal business use in connection with obtaining Concierge Services.
No ownership right or other proprietary interest in the Digital Services or Poseidon Materials is transferred to Client.
Except as expressly authorized by Poseidon in writing or permitted by applicable law, Client shall not: (a) copy, reproduce, republish, distribute, transmit, display, modify, adapt, translate, sell, license, sublicense, lease, rent, commercialize, or create derivative works from any Poseidon Materials; (b) remove, obscure, alter, or circumvent any copyright, trademark, proprietary notice, watermark, access control, attribution, or rights-management information; (c) scrape, crawl, index, harvest, extract, aggregate, copy, download, or systematically collect Poseidon Materials or data; (d) reverse engineer, decompile, disassemble, decode, or attempt to derive source code or underlying technical architecture from the Digital Services; (e) use Poseidon Materials to establish, support, market, or operate a competing service; (f) use Poseidon’s confidential Provider lists, negotiated terms, proprietary processes, nonpublic pricing information, or internal workflows for an unauthorized commercial purpose; or (g) imply sponsorship, affiliation, approval, endorsement, employment, agency, or partnership with Poseidon without written authorization.
The Poseidon Lifestyle Concierge Group name, Poseidon branding, logos, slogans, service names, and related brand identifiers are trademarks or proprietary rights of Poseidon or its licensors. No right to use such marks is granted except as strictly necessary to identify Poseidon in connection with Client’s legitimate use of the Services.
Poseidon may develop customized itineraries, proposals, checklists, plans, research compilations, event concepts, workflows, templates, or other deliverables in connection with Concierge Services. Unless a Service Order expressly provides otherwise, Client may use a Client-specific final deliverable for the personal or internal purpose for which it was created, but Poseidon retains ownership of its preexisting materials, templates, methods, general know-how, processes, formats, systems, and reusable components incorporated therein.
Unauthorized use of the Digital Services or Poseidon Materials may result in immediate termination of the license granted under this Section and may subject Client to other rights and remedies available under these Terms or applicable law.
All rights not expressly granted to Client are reserved by Poseidon and its licensors.
40. Third-Party Websites; Platforms; Technology; Integrations
The Digital Services and Concierge Services may use, link to, integrate with, transmit information to, receive information from, or otherwise rely upon Third-Party Services.
Third-Party Services may include payment processors, financial institutions, booking platforms, travel websites, mapping services, itinerary tools, communications providers, customer-relationship-management systems, cloud-storage providers, electronic-signature providers, analytics tools, social-media platforms, ticketing services, reservation platforms, identity-verification services, delivery services, and other technology or service providers.
Poseidon does not own or control Third-Party Services and is not responsible for their availability, security, functionality, content, accuracy, data practices, fees, terms, outages, errors, delays, interruptions, modifications, discontinuation, or other acts or omissions.
Client’s use of a Third-Party Service may be subject to separate terms of use, privacy policies, payment terms, licenses, and other conditions established by the applicable third party.
A link, integration, reference, or interoperability arrangement does not constitute Poseidon’s warranty, guarantee, certification, or endorsement of the Third-Party Service.
Client authorizes Poseidon to transmit, receive, and process information through Third-Party Services as reasonably necessary to provide the Digital Services and Concierge Services requested by Client, subject to Poseidon’s Privacy Policy and applicable law.
Poseidon may add, remove, replace, suspend, restrict, or modify any Third-Party Service integration or technology provider at any time.
Changes to or failures of a Third-Party Service may affect the availability or performance of a feature or Concierge Service. Poseidon may use commercially reasonable efforts to identify alternatives where appropriate but does not guarantee uninterrupted continuation of any particular integration.
Nothing in this Section limits any responsibility Poseidon may have under applicable law for its own selection, configuration, or use of a Third-Party Service where such responsibility cannot lawfully be disclaimed or limited.
41. Privacy; Client Information; Third-Party Information
Poseidon’s collection, use, disclosure, storage, retention, and other processing of personal information is described in Poseidon’s Privacy Policy, which is incorporated into these Terms by reference.
Client acknowledges that providing Concierge Services may require Poseidon to collect and process information concerning Client and, where applicable, travelers, guests, household members, family members, Authorized Representatives, gift recipients, event attendees, property occupants, or other third parties.
Client represents and warrants that Client has lawful authority to provide personal information concerning another person to the extent Client supplies such information to Poseidon for the applicable Concierge Service.
Poseidon may disclose Client Information to Providers and Third-Party Services to the extent reasonably necessary to perform a Request, obtain availability or pricing, make a reservation, facilitate a purchase, arrange travel or transportation, coordinate an event, provide property access, process payment, prevent fraud, maintain security, or otherwise provide an authorized Concierge Service.
Client should not provide personal information that is unnecessary for the applicable Request.
Where Poseidon makes a secure upload, portal, payment system, or other designated method available for particularly sensitive information, Client shall use that method rather than transmitting the information through an ordinary unsecured communication channel.
Client is responsible for maintaining the accuracy of Client Information and for notifying Poseidon when material information changes.
Client acknowledges that Providers receiving personal information from Client or Poseidon may independently process that information under their own privacy policies and legal obligations. Poseidon does not control a Provider’s independent processing except to the extent applicable law or a separate contractual obligation provides otherwise.
Poseidon may retain information and records for legitimate business, operational, legal, accounting, security, fraud-prevention, dispute-resolution, and compliance purposes as described in its Privacy Policy.
Poseidon may implement administrative, technical, and physical safeguards designed to protect Client Information, but no electronic system or transmission method can be guaranteed to be completely secure.
In the event of a security incident affecting information for which Poseidon has notification obligations under applicable law, Poseidon will address the incident in accordance with applicable legal requirements.
Nothing in these Terms modifies or eliminates rights or obligations established by Poseidon’s Privacy Policy or applicable privacy, consumer-protection, or data-security law.
42. Electronic Communications; Text Messages; Electronic Records
Client consents to receive communications relating to Client’s Account, Membership, Requests, Concierge Services, reservations, purchases, payments, billing, cancellations, security, Provider coordination, travel, events, property access, policy updates, and other transactional or service-related matters through electronic means.
Such communications may be sent by email, text message, telephone, client portal, in-platform message, electronic-signature system, push notification, or another communication method reasonably associated with Client’s use of the Digital Services.
Client is responsible for maintaining current and accurate email addresses, telephone numbers, Account information, and other contact information and for reviewing service-related communications promptly.
Client acknowledges that electronic communications may contain time-sensitive information, including Provider deadlines, cancellation windows, reservation confirmations, travel changes, payment requests, event updates, or other matters requiring prompt attention.
Failure to review a properly sent communication does not automatically extend a Provider deadline, cancellation period, payment obligation, reservation condition, or other time-sensitive requirement.
Client consents to the use of electronic records, electronic agreements, electronic signatures, click-through acceptances, electronic authorizations, and similar methods in connection with the Digital Services and Concierge Services.
Where applicable law requires information to be provided in a form capable of retention, Poseidon may make the applicable electronic record available for Client to print, download, save, or otherwise retain.
Poseidon may maintain electronic records of communications, acceptances, approvals, transactions, and other activity as reasonably necessary to administer the Services, demonstrate authorization, resolve disputes, maintain security, and comply with law.
Service-related or transactional communications are distinct from promotional or marketing communications.
Consent to receive marketing communications is not a condition of purchasing Concierge Services unless applicable law expressly permits otherwise. Poseidon may seek separate consent for marketing text messages, automated calls, promotional email, or other marketing communications where required or appropriate.
Client may opt out of promotional email communications using the unsubscribe mechanism provided in the applicable message.
Opting out of marketing communications does not prevent Poseidon from sending non-promotional communications reasonably necessary to administer Client’s Account, Membership, Concierge Services, payments, security, legal notices, or other existing transactions.
Where Client provides a mobile telephone number, Client represents that Client is authorized to use the number and shall promptly notify Poseidon if the number is changed, disconnected, reassigned, or no longer under Client’s control.
Message and data rates may apply to text or mobile communications depending upon Client’s service provider.
43. Service Availability; Maintenance; Technical Errors
Poseidon does not guarantee that the Digital Services will be continuously available, uninterrupted, timely, secure, error-free, or compatible with every device, browser, operating system, network, software application, or Third-Party Service.
The Digital Services may be unavailable, delayed, impaired, restricted, or interrupted due to scheduled maintenance, emergency maintenance, software updates, hosting failures, internet or telecommunications outages, cybersecurity incidents, traffic volume, payment-processor failures, Third-Party Service failures, equipment failures, governmental action, or other circumstances.
Poseidon may temporarily suspend or restrict access to all or part of the Digital Services for maintenance, security, operational, legal, or technical reasons.
Information displayed through the Digital Services, including service descriptions, pricing, availability, Provider information, dates, times, Membership information, fees, promotions, reservations, or other content, may occasionally contain typographical, clerical, computational, transmission, display, integration, pricing, or other errors.
Poseidon may correct an error or omission and may cancel, revise, or decline to honor a transaction materially affected by an obvious or material error, subject to applicable law and Client’s rights concerning amounts already paid or commitments already validly made.
The mere display of erroneous pricing, availability, inventory, Provider information, or other information does not create an obligation to provide a Service, product, reservation, Membership, or Provider arrangement on the erroneous terms where the error is corrected in accordance with applicable law.
A Request, approval, payment, message, cancellation instruction, or other electronic communication is not necessarily received merely because Client attempted to transmit it. Client is responsible for reviewing confirmations or other evidence that a material submission was successfully received where the Digital Services provide such confirmation.
If Client does not receive an expected confirmation relating to a time-sensitive reservation, cancellation, payment, travel arrangement, purchase, or other material transaction, Client should contact Poseidon through an available communication channel.
Poseidon may rely upon its system records, transaction records, payment records, communication logs, and Provider confirmations in resolving technical or transmission disputes, subject to correction of demonstrated error.
Poseidon is not responsible for a failure of Client’s own device, network, internet service, email provider, spam filter, messaging service, software, or other technology outside Poseidon’s control.
No technical assistance, correction, accommodation, or customer-support action by Poseidon creates a warranty or contractual obligation beyond those expressly stated in these Terms.
44. Changes to Services; Pricing; Membership Offerings; Platform Features
Poseidon may prospectively modify, expand, restrict, replace, suspend, or discontinue all or any portion of the Digital Services, Concierge Services, service categories, operating methods, geographic coverage, business hours, Provider relationships, Platform functionality, communication methods, Membership offerings, or other features of its business.
Poseidon may also prospectively modify its standard pricing, hourly rates, flat fees, minimums, packages, service categories, Member-preferred pricing, Provider arrangements, rush or after-hours pricing, and other commercial terms.
Unless otherwise permitted by an accepted Service Order, these prospective changes will not retroactively alter fees or material commercial terms applicable to Concierge Services that Poseidon has already accepted and Client has already authorized.
Changes to an existing accepted Request remain subject to Sections 6 and 9.
Changes to recurring Membership pricing, Membership Benefits, billing arrangements, or other material Membership terms are additionally subject to the Membership provisions of these Terms and any notice or consent required by applicable law.
Poseidon may discontinue a Membership tier for future enrollment or cease offering a particular Membership program. If Poseidon elects to discontinue an existing Client’s Membership, Poseidon will provide any notice required by these Terms or applicable law and will address prepaid amounts, if any, in accordance with the applicable Membership terms.
Poseidon may introduce new Services, Memberships, promotions, technologies, features, service areas, or methods of performing Concierge Services without making those offerings available to every Client.
Poseidon may impose reasonable additional eligibility, security, payment, geographic, operational, or capacity requirements for a new or modified Service.
A Client does not acquire a vested right to the perpetual availability of a particular Provider relationship, Concierge Service, website feature, technology integration, pricing structure, Membership tier, promotional benefit, or other offering merely because it was previously available.
Nothing in this Section permits Poseidon to retroactively eliminate an accrued Client right, impose a new fee for Services already fully performed, alter an existing refund or cancellation right after it has accrued, or otherwise make a retroactive modification prohibited by applicable law.
Changes to the Terms themselves, as distinguished from changes to Services or Platform functionality, are governed separately by Section 55.
45. No Guarantees; Availability; Recommendations; Client Expectations
Poseidon provides Concierge Services using reasonable judgment based upon the information, instructions, circumstances, availability, and Provider options reasonably available at the applicable time. Concierge Services are intended to assist Client with research, planning, sourcing, coordination, arrangements, logistics, and related matters, but Poseidon does not guarantee that any particular result, experience, arrangement, Provider, product, reservation, access opportunity, schedule, price, accommodation, refund, credit, upgrade, or other outcome will be obtained.
Without limiting any more specific provision of these Terms, Poseidon does not guarantee: (a) acceptance or fulfillment of any Request; (b) the availability of any Provider, reservation, accommodation, restaurant, venue, appointment, ticket, event, activity, product, transportation service, property service, or other requested good or service; (c) any particular response time, completion time, arrival time, delivery time, itinerary, schedule, seating location, room assignment, vehicle, Provider personnel, or other timing or logistical result; (d) that a Provider will honor a request for an upgrade, special accommodation, preferred treatment, exception, waiver, refund, credit, rescheduling, replacement, or other discretionary benefit; (e) the continued availability, price, inventory, terms, policies, quality, condition, features, amenities, personnel, financial condition, or operations of any Provider or third-party offering; (f) that information supplied by a Provider or other third party is complete, current, accurate, or free from error; (g) that a recommendation or Provider selected based upon information reasonably available at the time will ultimately satisfy Client’s subjective preferences or expectations; (h) that weather, transportation, governmental action, Provider conduct, availability, market conditions, or other circumstances outside Poseidon’s reasonable control will not affect an arrangement; (i) that an event, trip, reservation, activity, purchase, property service, or other arrangement will proceed without modification, substitution, interruption, delay, cancellation, or additional expense; or (j) any particular personal, financial, commercial, experiential, health, safety, or other outcome from Client’s use of the Digital Services or Concierge Services.
Poseidon’s recommendations, curated options, opinions, research, comparisons, Provider suggestions, itineraries, and other assistance reflect judgment based upon information reasonably available when provided. They are not warranties, certifications, guarantees, or representations that a particular option is objectively the best, safest, least expensive, highest quality, or most suitable option available.
Client acknowledges that many Concierge Services involve subjective considerations, including personal taste, convenience, luxury, quality, atmosphere, style, comfort, hospitality, entertainment value, aesthetics, service preferences, and expectations. A difference between Client’s subjective expectations and the experience ultimately provided does not, without more, establish that Poseidon failed to perform its obligations.
Photographs, descriptions, reviews, ratings, marketing materials, Provider content, availability information, pricing, estimated travel times, menus, amenities, seating charts, floor plans, maps, product specifications, and similar information may change or may not fully reflect actual conditions. Poseidon may rely upon such information in providing Concierge Services but does not independently warrant its accuracy unless Poseidon expressly agrees otherwise.
Poseidon’s willingness to advocate for Client, request an exception, escalate an issue, coordinate alternatives, seek a refund, assist with service recovery, or otherwise attempt to improve an outcome does not constitute an acknowledgment that Poseidon caused the underlying issue or has a legal obligation to provide the requested remedy.
No oral or written communication, recommendation, statement, assistance, marketing material, Provider relationship, course of dealing, or customer-service accommodation creates a guarantee or warranty not expressly stated in these Terms or an applicable Service Order.
46. Assumption of Risk; Client Decisions
Client acknowledges that certain Concierge Services and arrangements facilitated or coordinated through Poseidon involve inherent, ordinary, foreseeable, and unforeseeable risks that cannot be eliminated through planning or coordination.
Depending upon the applicable Request, such risks may arise from or relate to travel; air, ground, rail, or water transportation; accommodations; cruises; recreational activities; excursions; tours; sporting or outdoor activities; events; crowds; nightlife; dining; food allergies; alcohol; venues; unfamiliar locations; weather; natural conditions; wildlife; physical activity; property access; household services; construction or repair activity; deliveries; transportation of property; third-party conduct; criminal activity; governmental restrictions; illness;
injury; theft; loss; delay; cancellation; or other circumstances associated with the Client-selected activity, destination, Provider, or arrangement.
Client is responsible for evaluating whether a particular destination, activity, Provider, event, product, transportation arrangement, accommodation, property arrangement, or other experience is appropriate for Client and any traveler, guest, family member, household member, invitee, or other person included in the Request.
Client shall make independent decisions concerning matters involving personal safety, health, physical ability, risk tolerance, financial exposure, insurance coverage, travel, property, and participation in activities and shall obtain appropriate professional advice where warranted.
Poseidon may provide information, recommendations, alternatives, warnings, or logistical assistance but does not assume Client’s responsibility for deciding whether to proceed.
To the fullest extent permitted by applicable law, Client knowingly and voluntarily assumes the risks inherent in or reasonably associated with the activities, travel, events, Providers, purchases, property arrangements, and other experiences Client elects to undertake or authorize.
Client further acknowledges that Poseidon does not control weather, destination conditions, public spaces, other travelers, event attendees, governmental authorities, Providers, independent contractors, transportation operators, venues, restaurants, hotels, property conditions not created by Poseidon, or other third parties.
Client’s assumption of risk under this Section is in addition to, and does not limit, the more specific Client responsibilities, disclaimers, releases, or other risk allocations contained elsewhere in these Terms.
Nothing in this Section requires Client to assume a risk or waive a right that cannot lawfully be assumed or waived.
47. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DIGITAL SERVICES, CONCIERGE SERVICES, POSEIDON MATERIALS, INFORMATION, RECOMMENDATIONS, RESEARCH, REFERRALS, ITINERARIES, CONTENT, COMMUNICATIONS, AND OTHER SERVICES OR MATERIALS PROVIDED BY OR THROUGH POSEIDON ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND, WHERE APPLICABLE, “WITH ALL FAULTS.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSEIDON DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, COVENANTS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, TIMELINESS, QUIET ENJOYMENT, COURSE OF DEALING, USAGE OF TRADE, OR RESULTS.
Without limiting the foregoing, Poseidon does not warrant that: (a) the Digital Services will be continuously available, uninterrupted, secure, error-free, or free from harmful components; (b) any error, defect, interruption, or technical issue will be corrected within a particular period; (c) information obtained through the Digital Services or Concierge Services will be complete, current, or error-free; (d) any Provider will be available, qualified for every purpose, financially stable, responsive, lawful, safe, suitable, properly insured, properly licensed, or satisfactory to Client; (e) any reservation, ticket, accommodation, transportation, event, purchase, activity, appointment, property service, or other arrangement will be completed or performed as expected; (f)
Client will receive any particular access, upgrade, refund, credit, benefit, result, savings, experience, or level of satisfaction; or (g) any Provider good or service will be free from defects, delays, cancellations, substitutions, errors, omissions, losses, or other problems.
Poseidon does not warrant or guarantee the acts, omissions, representations, products, services, personnel, equipment, facilities, practices, policies, or performance of Providers or other third parties.
Poseidon does not provide a warranty concerning goods purchased from a Provider. Any manufacturer, retailer, merchant, carrier, hotel, venue, ticket issuer, transportation provider, contractor, or other Provider warranty is governed solely by the applicable Provider’s terms.
No recommendation, vetting activity, prior experience with a Provider, preferred-Provider relationship, referral relationship, coordination activity, or assistance by Poseidon creates a warranty that would not otherwise exist.
To the extent applicable law does not permit exclusion of a particular warranty, the foregoing exclusions shall apply to the maximum extent permitted, and any warranty that cannot lawfully be excluded shall be limited to the minimum scope and duration permitted by law.
48. Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT, ON BEHALF OF CLIENT AND, TO THE EXTENT CLIENT HAS AUTHORITY TO DO SO, CLIENT’S HEIRS, ESTATE, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, RELEASES, WAIVES, AND DISCHARGES THE POSEIDON PARTIES FROM CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO RISKS EXPRESSLY ASSUMED BY CLIENT UNDER THESE TERMS OR THE ACTS, OMISSIONS, PRODUCTS, SERVICES, REPRESENTATIONS, FAILURES, OR CONDUCT OF A PROVIDER OR OTHER THIRD PARTY, EXCEPT TO THE EXTENT SUCH CLAIM CANNOT LAWFULLY BE RELEASED.
Without limiting the foregoing, the release applies, to the maximum extent permitted by law, to claims arising out of or relating to: (a) a Provider’s cancellation, delay, failure to perform, inadequate performance, overbooking, substitution, pricing change, refusal of access, refusal to issue a refund or credit, insolvency, closure, or other act or omission; (b) travel delays, missed connections, schedule changes, baggage loss, Provider cancellations, destination conditions, transportation issues, governmental restrictions, weather, or similar travel-related circumstances; (c) venue, event, restaurant, entertainment, hospitality, ticketing, transportation, retail, delivery, household, property, or other Provider conduct; (d) Client’s participation in a Client-selected activity, excursion, event, destination, experience, or other arrangement; (e) acts or omissions of Client, Client’s Authorized Representatives, travelers, guests, invitees, family members, household members, or other persons associated with Client; (f) property conditions, hazards, defects, criminal activity, casualty events, or other circumstances not created by Poseidon; (g) loss, theft, damage, delay, nondelivery, or other problems concerning property handled, shipped, transported, or delivered by a Provider; (h) information, instructions, representations, or materials supplied by Client, an Authorized Representative, a Provider, or another third party; or (i) another third-party dispute for which Poseidon is not the party responsible for the underlying obligation.
To the fullest extent permitted by applicable law, the release set forth in this Section also applies to claims alleging ordinary negligence by Poseidon in the selection, recommendation, referral, administrative coordination, communication, scheduling, or facilitation of a Provider or Client-selected arrangement, provided that the release shall not apply to liability that applicable law prohibits the parties from releasing.
The release is intended to allocate to Client the risks associated with independent Providers and Client-selected experiences rather than require Poseidon, which provides coordination and concierge services, to insure against the conduct or performance of independent third parties.
Client agrees to pursue a claim arising principally from an underlying Provider good or service against the Provider or other person legally responsible for the matter rather than treating Poseidon as the guarantor of the Provider’s performance.
Nothing in this Section releases or waives a claim to the extent finally determined to result from Poseidon’s gross negligence, willful misconduct, or fraud, or any other liability that cannot lawfully be released or waived.
This Section is cumulative with, and does not limit, the assumption-of-risk provisions, disclaimers, limitation of liability, indemnification provisions, Provider-specific provisions, or other protections contained in these Terms.
49. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY POSEIDON PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, USE, ENJOYMENT, ANTICIPATED SAVINGS, DATA, OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO THE DIGITAL SERVICES, CONCIERGE SERVICES, THESE TERMS, A REQUEST, SERVICE ORDER, MEMBERSHIP, PROVIDER, PROVIDER SERVICE, TRAVEL ARRANGEMENT, EVENT, RESERVATION, PURCHASE, PROPERTY SERVICE, OR OTHER MATTER COVERED BY THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF POSEIDON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by applicable law, Poseidon shall not be liable for the cost of substitute travel, substitute accommodations, substitute transportation, substitute tickets, substitute Providers, substitute event arrangements, replacement purchases, alternative reservations, or other substitute goods or services necessitated by the failure, cancellation, delay, or other act or omission of a Provider or by circumstances outside Poseidon’s reasonable control.
Poseidon shall not be liable for Provider Charges, deposits, purchases, fares, room rates, ticket costs, event costs, merchandise costs, transportation charges, minimum spends, cancellation charges, change fees, taxes, gratuities, or other third-party amounts merely because Poseidon coordinated or facilitated the applicable transaction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE POSEIDON PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO A PARTICULAR REQUEST, SERVICE, SERVICE ORDER, TRANSACTION, EVENT, OCCURRENCE, OR SERIES OF RELATED OCCURRENCES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID TO POSEIDON FOR THE SPECIFIC CONCIERGE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE THOUSAND DOLLARS ($1,000.00).
For purposes of the foregoing limitation, “fees actually paid to Poseidon” means compensation paid for Poseidon’s own Concierge Services and does not include Provider Charges, reimbursed expenses, taxes collected for remittance, merchandise costs, tickets, travel costs, deposits paid to Providers, or other amounts that Poseidon receives or processes for the benefit of a third party.
Where a claim arises solely from a discrete one-time Service, only Poseidon fees attributable to that Service shall be included in determining the liability cap. Membership fees shall be included only to the extent the claim arises from a Membership Service or benefit to which those fees reasonably relate.
The foregoing limitations apply regardless of whether a claim is characterized as arising in contract, tort, negligence, strict liability, warranty, restitution, statute, equity, or another legal theory.
To the maximum extent permitted by law, the foregoing limitations apply to claims alleging ordinary negligence, including ordinary negligence in Poseidon’s research, recommendation, Provider selection, coordination, scheduling, communication, administrative performance, or other Concierge Services.
The limitations in this Section reflect the allocation of risk between the parties and the relationship between the fees Poseidon receives for its Concierge Services and the potentially much greater value of travel, property, events, purchases, Provider services, Client expectations, or other matters Poseidon may coordinate.
Nothing in this Section limits liability to the extent finally determined to result from Poseidon’s gross negligence, willful misconduct, or fraud, or to the extent a limitation is otherwise prohibited by applicable law.
If applicable law prohibits exclusion or limitation of a particular category of damages, liability, or remedy, the exclusion or limitation shall apply to the maximum extent permitted by law, and the remaining provisions of this Section shall remain effective.
Each limitation in this Section is intended to operate independently. If one limitation is determined to be unenforceable, the remaining limitations shall continue to apply to the maximum extent permitted by law.
50. Indemnification
To the maximum extent permitted by applicable law, Client shall defend, indemnify, and hold harmless the Poseidon Parties from and against any third-party claim, demand, action, proceeding, investigation, liability, judgment, settlement, loss, damage, fine, penalty, cost, or expense, including reasonable attorneys’ fees and reasonable costs of investigation, defense, settlement, and enforcement, arising out of or relating to: (a) Client’s breach or alleged breach of these Terms, a Service Order, Provider term, authorization, representation, warranty, covenant, or other obligation applicable to Client; (b) Client’s use or misuse of the Digital Services or Concierge Services; (c) any false, inaccurate, incomplete, outdated, misleading, or unauthorized information, instruction, approval, authorization, representation, or material supplied by or on behalf of Client; (d) Client’s violation or alleged violation of applicable law or the rights of another person; (e) any act or omission of Client or an Authorized Representative; (f) the conduct of Client’s traveler, guest, invitee, household member, family member, employee, agent, pet, or other person or animal for whom Client is responsible; (g) property owned, occupied, controlled, managed, or made accessible by Client, including an undisclosed dangerous or defective condition, inaccurate access instruction, unauthorized grant of access, animal-related condition, surveillance issue, or other circumstance within Client’s knowledge or control; (h) User Materials, Client Information, photographs, videos, intellectual property, personal information, confidential information, payment information, or other material provided by Client, including any allegation that Poseidon’s authorized use thereof violated a third-party intellectual property, privacy, publicity, confidentiality, contractual, or other right; (i) Client’s lack of authority to act for another person, authorize an expenditure, provide information, grant property access, make a reservation, purchase a product, arrange travel, or otherwise take an action Client purported to authorize; (j) Client’s failure to comply with Provider terms, venue rules, ticket restrictions, travel requirements, governmental requirements, cancellation policies, payment obligations, or other conditions applicable to an arrangement; (k) damage to a Provider’s or other third party’s property caused by Client or a person for whom Client is responsible; (l) bodily injury, property damage, fines, assessments, excess cleaning charges, overtime, security costs, repair costs, or other third-party claims caused by the acts or omissions of Client or a person for whom Client is responsible; (m) Client’s unlawful, fraudulent, abusive, unsafe, or prohibited conduct; (n) a payment method, purchase, charge, chargeback, reimbursement, or financial authorization supplied or initiated by Client; or (o) any third-party claim arising from a Request made by Client that Poseidon performed or coordinated in reliance upon Client’s instructions or authority.
Poseidon may, at Client’s expense with respect to an indemnified claim, assume control of the defense through counsel selected by Poseidon. Client shall cooperate in the investigation, defense, and resolution of the claim.
Client shall not settle an indemnified claim in a manner that: (a) admits fault or wrongdoing by a Poseidon Party; (b) imposes a monetary or nonmonetary obligation upon a Poseidon Party; (c) restricts a Poseidon Party’s business or legal rights; or (d) otherwise materially adversely affects a Poseidon Party, without Poseidon’s prior written consent, which shall not be unreasonably withheld where Client bears the full settlement obligation and the settlement provides the Poseidon Parties with a complete release.
Poseidon’s assumption of the defense does not relieve Client of an otherwise valid indemnification obligation.
The indemnification obligations under this Section are cumulative with, and independent of, Poseidon’s other rights and remedies and survive termination of Client’s Account, Membership, Concierge Services, and these Terms with respect to matters arising before or after termination from conduct occurring during the contractual relationship.
51. Events Beyond Poseidon’s Reasonable Control; Force Majeure
Poseidon shall not be liable for delay, interruption, modification, cancellation, inability to perform, or failure to perform an obligation to the extent caused by circumstances beyond Poseidon’s reasonable control.
Such circumstances may include acts of God; hurricanes; tropical storms; severe weather; floods; fires; earthquakes; other natural disasters; epidemics; pandemics; public-health emergencies; war; armed conflict; terrorism; civil unrest; riots; governmental action; embargoes; sanctions; border restrictions; travel restrictions; evacuation orders; states of emergency; labor disputes; strikes; staffing disruptions outside Poseidon’s reasonable control; transportation disruptions; carrier cancellations; airport, port, roadway, or border closures; supply shortages; utility failures; internet or telecommunications outages; cyberattacks; widespread technology failures; security incidents; Provider insolvency; Provider closure; Provider cancellation; material failures of Third-Party Services; and other circumstances beyond Poseidon’s reasonable control.
Poseidon may suspend, delay, modify, or discontinue an affected Concierge Service for the duration of such circumstances where reasonably necessary.
Where practicable, Poseidon may communicate material known effects on Client’s arrangements and may assist Client in evaluating reasonably available alternatives. Poseidon does not guarantee that an alternative will be available, comparable, timely, or available at the original price.
Poseidon is not obligated to advance funds, absorb increased Provider Charges, purchase replacement goods or services, pay fare differences, fund substitute travel or accommodations, or otherwise bear additional expenses resulting from an event beyond Poseidon’s reasonable control.
Any additional Provider Charges or other expenditures necessary to implement an alternative arrangement remain subject to Client authorization under these Terms.
A force-majeure event does not automatically entitle Client to a refund of Poseidon fees for Concierge Services already performed. Any unperformed Poseidon Services, Provider refunds, Provider credits, cancellation rights, or other financial consequences shall be addressed under Sections 34 and 35, the applicable Service Order, Provider terms, and applicable law.
If circumstances beyond Poseidon’s reasonable control make continued performance unlawful, impossible, unsafe, commercially impracticable, or materially different from the accepted scope, Poseidon may terminate or modify the affected Service without liability for failure to complete the original arrangement, subject to Client’s rights concerning any unearned Poseidon fees.
Nothing in this Section excuses Client from payment obligations that accrued before the force-majeure event or from Provider Charges, expenses, commitments, cancellation fees, or other obligations properly incurred before or as a consequence of the event.
52. Suspension; Refusal of Service; Termination
Poseidon may refuse, suspend, restrict, discontinue, or terminate Client’s access to the Digital Services, Account, Membership, or Concierge Services, in whole or in part, where Poseidon determines that such action is appropriate to protect Poseidon, its personnel, Providers, other Clients, third parties, property, systems, or legitimate business interests.
Without limiting the foregoing, Poseidon may take such action if: (a) Client fails to pay an amount when due; (b) a payment method is declined, reversed, charged back, disputed, or otherwise unavailable and Client does not timely provide an acceptable alternative; (c) Client breaches or is suspected of breaching these Terms, a Service Order, an authorization, Provider terms applicable to Client, or another agreement with Poseidon; (d) Client provides false, inaccurate, misleading, fraudulent, materially incomplete, or unauthorized information, instructions, representations, approvals, or payment information; (e) Poseidon suspects fraud, identity theft, payment abuse, unlawful activity, unauthorized access, security compromise, or misuse of the Digital Services or Concierge Services; (f) Client requests or directs Poseidon to engage in unlawful, fraudulent, unsafe, unethical, abusive, discriminatory, exploitative, or otherwise prohibited conduct; (g) Client or a person associated with Client harasses, threatens, abuses, discriminates against, intimidates, stalks, or creates unsafe or materially disruptive conditions for Poseidon personnel, Providers, other Clients, or third parties; (h) a Request presents a material safety, health, security, legal, regulatory, insurance, financial, operational, technical, or reputational risk; (i) Poseidon determines that it lacks the personnel, resources, licensing, authority, expertise, capacity, Provider availability, or operational ability necessary to perform a Request appropriately; (j) Client fails to provide information, documentation, approvals, access, cooperation, or other materials for Poseidon to perform the applicable Concierge Services; (k) Client repeatedly submits Requests outside the scope or reasonable intended use of a Membership or otherwise materially abuses Membership Benefits; (l) a Provider, payment processor, financial institution, governmental authority, building, venue, platform, insurer, or other relevant third party requires or necessitates suspension or termination; (m) continued performance would violate applicable law or expose Poseidon or another person to material legal or regulatory risk; (n) Client’s Account or credentials are compromised or suspected of being compromised; or (o) another circumstance exists in which continued access or performance would be commercially unreasonable or inconsistent with Poseidon’s legitimate safety, legal, operational, or risk-management interests.
Poseidon may suspend performance while investigating a suspected violation, security incident, payment issue, dispute, or other circumstance warranting review.
Where reasonably practicable and appropriate under the circumstances, Poseidon may provide Client with notice of a suspension or termination and an opportunity to cure a remediable breach. Nothing in these Terms requires Poseidon to provide advance notice or an opportunity to cure where Poseidon determines that immediate action is necessary because of fraud, unlawful conduct, safety concerns, security risk, harassment, payment abuse, material misconduct, or another circumstance warranting immediate action.
Client may discontinue use of the Digital Services at any time. Closing or discontinuing an Account does not itself cancel a Membership, accepted Service Order, Provider booking, reservation, purchase, outstanding invoice, or other commitment. Client must separately complete any required cancellation process applicable to those arrangements.
Membership cancellation is governed by Section 17.
Poseidon may terminate an ordinary Membership without cause upon the notice provided in Section 17 or other applicable Membership terms. Poseidon may terminate a Membership immediately for cause under this Section.
If Poseidon terminates Concierge Services without cause before completing prepaid Services, Poseidon will address any unearned portion of Poseidon fees in accordance with Section 35.
Termination for Client breach does not eliminate Client’s responsibility for fees earned, Provider Charges incurred or committed, reimbursable expenses, cancellation charges, damages, indemnification obligations, or other liabilities arising before or as a result of termination.
Upon suspension or termination, Poseidon may cancel or refrain from accepting new Requests and may take steps to discontinue pending work. Poseidon is not required to continue advancing funds, incurring Provider obligations, maintaining discretionary reservations, or undertaking additional financial exposure following suspension or termination.
Where practicable, Poseidon may provide Client with information reasonably necessary for Client to communicate directly with a Provider concerning an existing arrangement. Poseidon is not required to transfer proprietary Provider information, internal records, confidential commercial terms, or other Poseidon Materials.
Termination or suspension does not affect any provision that by its nature should survive, including provisions concerning accrued payment obligations, intellectual property, User Materials, privacy and records, disclaimers, assumption of risk, releases, limitations of liability, indemnification, dispute resolution, governing law, and miscellaneous terms.
53. Claims; Notice of Dispute; Informal Resolution
Client shall notify Poseidon promptly after becoming aware of an alleged error, deficiency, loss, billing issue, Provider problem, property issue, reservation issue, or other matter for which Client believes Poseidon may have responsibility.
Client shall mitigate avoidable loss or damage and shall cooperate with Poseidon in investigating and attempting to address the matter.
Except where emergency or provisional relief is necessary, or where applicable law provides otherwise, a party asserting a legal claim arising out of or relating to these Terms, the Digital Services, Concierge Services, a Membership, Service Order, Request, payment, Provider arrangement, or the relationship between the parties shall first provide the other party with written notice of the dispute.
The notice shall contain information reasonably sufficient to identify: (a) the person or entity asserting the claim; (b) the relevant Account, Membership, Request, Service Order, transaction, or Service, if applicable; (c) the nature and factual basis of the dispute; (d) the legal or contractual basis of the claim to the extent reasonably known; (e) the amount of any monetary relief requested or a reasonable description of other relief sought; and (f) sufficient contact information to permit a response.
Client shall send a notice of dispute to the legal notice address or email identified in Section 57. Poseidon may send a notice to Client using the email address, mailing address, Account information, or other contact information associated with Client.
After receipt of a substantially complete notice, the parties shall attempt in good faith for at least thirty (30) days to resolve the dispute informally before commencing arbitration or litigation, unless the parties agree to extend or waive that period.
During the informal-resolution period, either party may request a telephone or videoconference to discuss a potential resolution. The parties shall reasonably cooperate in scheduling any mutually agreed conference.
The purpose of the informal-resolution requirement is to provide a meaningful opportunity to exchange relevant information and resolve disputes efficiently. Neither party is required to accept a settlement proposal or compromise a claim merely because informal discussions occur.
To the extent permitted by applicable law, completion of the informal-resolution procedure is a condition precedent to commencing arbitration under Section 54.
The informal-resolution requirement does not prevent either party from: (a) seeking temporary, preliminary, emergency, or provisional relief where reasonably necessary to prevent imminent or irreparable harm; (b) preserving a claim before the expiration of a limitations period where the informal process would otherwise cause the claim to become time-barred; (c) pursuing an eligible individual claim in small-claims court as permitted by Section 54; or (d) exercising a nonwaivable statutory or regulatory right.
54. Governing Law; Binding Individual Arbitration; Jury-Trial and Class-Action Waivers
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Digital Services, an Account, Membership, Concierge Service, Request, Service Order, payment, Provider arrangement, or the relationship between Client and Poseidon shall be governed by and construed in accordance with the laws of the State of Florida, without regard to rules concerning conflicts of laws.
The Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration agreement contained in this Section to the extent applicable. Florida arbitration law may apply to matters not preempted or otherwise governed by federal law.
Except for the matters expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Digital Services, an Account, Membership, Concierge Service, Request, Service Order, payment, cancellation, refund, Provider arrangement, communication, transaction, representation, or the relationship between Client and Poseidon shall be resolved exclusively through final and binding arbitration on an individual basis.
This arbitration agreement applies regardless of whether the claim arises in contract, tort, negligence, statute, regulation, fraud, misrepresentation, warranty, restitution, equity, or another legal or equitable theory and regardless of whether the claim arose before or after termination of Client’s relationship with Poseidon.
Before initiating arbitration, the claimant shall comply with the notice and thirty-day informal-resolution procedure in Section 53 unless an exception stated in that Section applies.
The arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect, as modified by this Section, unless the dispute does not qualify for administration under those rules and the parties agree upon another applicable AAA rule set.
If AAA is unavailable or unwilling to administer a qualifying arbitration under this Agreement and the parties cannot agree upon a substitute arbitration administrator within thirty (30) days, either party may petition a court of competent jurisdiction to appoint an appropriate substitute administrator or arbitrator consistent with the parties’ agreement to arbitrate individually.
The arbitration shall be conducted by one neutral arbitrator.
Unless the parties agree otherwise or applicable arbitration rules or law require another procedure, arbitration involving an individual consumer may be conducted remotely, through videoconference, by telephone, through written submissions, or at another reasonably accessible location permitted by the applicable AAA rules.
For a Client acting principally for business or commercial purposes rather than individual consumer purposes, the arbitration shall take place in Palm Beach County, Florida, unless the parties agree otherwise.
Arbitration filing, administration, case-management, hearing, and arbitrator fees shall be allocated in accordance with the applicable AAA rules and applicable law.
Poseidon shall pay those arbitration fees that the applicable rules or law require the business to pay.
Each party shall otherwise bear its own attorneys’ fees and costs unless an applicable statute, these Terms, another enforceable agreement, or the arbitrator authorizes an award of fees or costs.
Subject to the provisions below concerning class, representative, consolidated, mass, and public-injunctive-relief issues, the arbitrator may award any individual remedy or relief that would otherwise be available to the individual claimant in a court of competent jurisdiction, subject to enforceable limitations contained in these Terms and applicable law.
The arbitrator shall issue a written award sufficient to explain the essential findings and conclusions on which the award is based.
Any final arbitration award may be confirmed and entered as a judgment in any court having jurisdiction.
A court of competent jurisdiction shall decide any dispute concerning whether an agreement to arbitrate exists or was formed, including a contention that Client never assented to the arbitration agreement.
Except to the extent applicable law requires judicial determination, the arbitrator shall decide disputes concerning the interpretation, scope, applicability, or enforceability of an existing arbitration agreement and whether conditions precedent to arbitration have been satisfied.
A court of competent jurisdiction shall decide any dispute concerning the enforceability of the class-action, collective-action, consolidated-action, mass-action, representative-action, or public-injunctive-relief limitations contained in this Section.
Notwithstanding the agreement to arbitrate, either party may seek temporary, preliminary, emergency, or provisional relief from a court of competent jurisdiction where reasonably necessary to preserve the status quo, protect property, safeguard confidential information or intellectual property, address unauthorized system or Account access, prevent misuse of Property Access Credentials, or prevent imminent or irreparable harm pending arbitration.
Seeking such limited provisional relief does not waive the right to arbitrate the underlying dispute.
Nothing in these Terms prevents Client from reporting a matter to, communicating with, or filing a complaint with a governmental agency, regulator, law-enforcement authority, or other governmental body where Client has a lawful right to do so.
Nothing in this arbitration agreement prohibits a governmental agency from pursuing relief within its lawful authority.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AND POSEIDON KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE DIGITAL SERVICES, CONCIERGE SERVICES, OR THE RELATIONSHIP BETWEEN THE PARTIES, INCLUDING ANY MATTER DETERMINED NOT TO BE SUBJECT TO ARBITRATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AND POSEIDON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY- GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
Unless Client and Poseidon expressly agree otherwise in writing after a dispute arises, an arbitrator may not consolidate the claims of more than one Client and may not preside over any class, collective, consolidated, mass, or representative proceeding.
Nothing in this Section waives a right to seek public injunctive relief or another remedy to the extent applicable law prohibits waiver of that right.
If a claim for public injunctive relief or another nonwaivable remedy cannot lawfully be resolved through individual arbitration, that portion of the claim shall be severed and resolved by a court of competent jurisdiction to the extent required by law, while arbitrable individual claims shall proceed in arbitration unless applicable law requires otherwise.
If any provision of this Section is determined to be invalid, illegal, or unenforceable, that provision shall be severed or limited to the minimum extent necessary and the remainder of this Section shall remain enforceable to the maximum extent permitted by law.
If the class-action or representative-action waiver is determined to be unenforceable with respect to a particular claim and applicable law does not permit the invalid provision to be severed while maintaining individual arbitration of that claim, the affected claim shall proceed in court rather than through class or representative arbitration.
Under no circumstances shall an arbitrator conduct a class, collective, consolidated, mass, or representative arbitration unless Poseidon and the affected Client or Clients expressly agree in writing after the dispute arises.
To the extent a dispute is properly excluded from arbitration or a court proceeding is otherwise permitted under this Section, the parties consent to personal jurisdiction in the state courts located in Palm Beach County, Florida and, where federal subject-matter jurisdiction exists, the applicable United States District Court serving Palm Beach County, subject to any venue or jurisdictional right that cannot lawfully be waived.
55. Changes to These Terms
Poseidon may modify or update these Terms prospectively from time to time to reflect changes in the Digital Services, Concierge Services, Memberships, business practices, technology, Provider relationships, operational requirements, applicable law, regulatory requirements, risk-management practices, or other legitimate business needs.
The then-current version of these Terms will identify its effective date or date of last modification.
Poseidon may provide notice of updated Terms by posting them through the Digital Services, sending notice to the email address associated with Client’s Account, providing an Account or checkout notice, obtaining renewed electronic acceptance, or using another method appropriate to the nature of the change.
Where applicable law requires heightened notice, affirmative consent, or renewed assent to a particular modification, Poseidon will use the form of notice or consent required by applicable law.
A modification to these Terms applies prospectively from its stated effective date.
No modification will retroactively alter: (a) a dispute that arose before the modification became effective; (b) a fee already earned; (c) a payment obligation already accrued; (d) a Provider Charge already incurred or committed; (e) a cancellation or refund right that already accrued; (f) a previously accepted Service Order, except to the extent the Service Order itself permits prospective operational changes; or (g) another vested right or obligation that applicable law prohibits Poseidon from modifying retroactively,
unless Client and Poseidon expressly agree otherwise or applicable law requires the change.
Client’s continued use of the Digital Services after updated Terms become effective may constitute acceptance where legally sufficient and where Client received appropriate notice.
Where renewed affirmative acceptance is legally required or Poseidon elects to require it, Client may be required to accept the revised Terms before continuing to use specified Digital Services or purchase additional Concierge Services.
If Client does not agree to revised Terms, Client may discontinue future use of the Digital Services, subject to existing Service Orders, Membership cancellation requirements, Provider commitments, payment obligations, and other accrued responsibilities.
Poseidon may establish additional or supplemental terms applicable to a particular Membership, Service, feature, promotion, property arrangement, event, travel arrangement, Provider transaction, or other offering. Such supplemental terms shall apply only to their stated subject matter and shall be interpreted together with these Terms.
56. Miscellaneous
These Terms, together with Poseidon’s Privacy Policy, each applicable Service Order, Membership-specific term, recurring-payment authorization, Property Access Authorization, Event Services Addendum, purchase authorization, promotional term, and any other supplemental agreement or disclosure expressly incorporated into or accepted pursuant to these Terms, constitute the agreement between Poseidon and Client concerning the subject matter they govern and supersede all prior or contemporaneous representations, proposals, discussions, communications, understandings, and agreements concerning the same subject matter, whether oral, written, or electronic. No marketing statement, oral representation, informal communication, course of dealing, course of performance, industry custom, or usage of trade modifies these Terms unless expressly incorporated into a binding written or electronic agreement in accordance with these Terms.
In the event of a direct conflict among contractual documents applicable to the same Request or transaction, a Service Order or supplemental agreement that expressly identifies and modifies a specific provision of these Terms shall control with respect to that specific subject matter, followed by any applicable Property Access Authorization, Event Services Addendum, recurring-payment authorization, purchase authorization, or other service-specific authorization, and then these Terms. General marketing, promotional, informational, or service-description materials do not modify or supersede these Terms. Poseidon’s Privacy Policy governs Poseidon’s collection, use, disclosure, retention, and other processing of personal information except to the extent a separate contractual provision imposes a more specific obligation consistent with applicable law. Provider terms independently govern the applicable Provider’s goods and services and do not modify Poseidon’s obligations under these Terms except where these Terms expressly provide otherwise.
Client acknowledges that Client has not relied upon any representation, warranty, guarantee, promise, projection, statement, assurance, or commitment concerning the Digital Services or Concierge Services except as expressly stated in these Terms or an applicable Service Order. Nothing in this paragraph excludes or limits liability for fraud to the extent such liability cannot lawfully be excluded or limited.
Poseidon and Client are independent contracting parties. Nothing in these Terms creates or shall be construed to create a partnership, joint venture, employment relationship, franchise, fiduciary relationship, general agency relationship, or other special relationship between Poseidon and Client. Any limited authority Poseidon receives to communicate, make a reservation, transmit information, approve an expenditure within an authorized limit, coordinate access, or perform another administrative act on Client’s behalf is limited to the specific authority granted and does not create a broader agency, fiduciary, or representative relationship.
Client may not assign, delegate, transfer, sublicense, or otherwise dispose of any material right or obligation under these Terms without Poseidon’s prior written consent. Any attempted assignment or transfer in violation of this provision shall be void to the extent permitted by applicable law. Poseidon may assign, delegate, transfer, or otherwise dispose of these Terms, in whole or in part, to an affiliate, successor, purchaser, or other entity in connection with a merger, acquisition, financing, reorganization, restructuring, sale of equity, sale of assets, change of control, transfer of all or substantially all of Poseidon’s business, or similar transaction, subject to applicable law. These Terms shall bind and benefit the parties and their respective permitted successors and assigns.
Except for the Poseidon Parties expressly protected by provisions concerning releases, disclaimers, limitations of liability, indemnification, intellectual property, or other protections intended for their benefit, these Terms are solely for the benefit of Poseidon and Client and do not confer any enforceable contractual right, remedy, benefit, or cause of action upon any other person.
Poseidon may provide ordinary contractual, transactional, administrative, or service-related notices to Client by email, Account notification, client portal, text message, electronic-signature platform, posting through the Digital Services, or another electronic method using the contact information associated with Client. Formal notices concerning a dispute, indemnification demand, material breach, arbitration, or other legal claim shall be delivered in accordance with Sections 53 and 57. Client is responsible for maintaining accurate and current contact information and shall promptly notify Poseidon of any material change.
Client consents to the use of electronic records, communications, signatures, authorizations, disclosures, and acceptances as provided in these Terms. A contract, record, authorization, or signature shall not be denied legal effect solely because it is in electronic form to the extent permitted by applicable law. Poseidon may rely upon electronic acceptance and may maintain electronic records evidencing Client’s assent, instructions, approvals, authorizations, transactions, and communications.
No failure or delay by Poseidon in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver of that right, remedy, power, or privilege. No single or partial exercise of any right or remedy shall preclude any other or further exercise of that or any other right or remedy. Any waiver must be express and in writing or another legally effective electronic record and shall apply only to the specific circumstance for which it is given. Poseidon’s decision to provide an accommodation, waive a requirement, reduce or forgive a fee, issue a refund or credit, accept a late payment, permit an exception, or refrain from enforcing a provision in one circumstance does not obligate Poseidon to do so in another circumstance.
Except where Section 54 provides a more specific severability rule, if any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law and, where appropriate, shall be limited or reformed to effectuate the parties’ lawful intent as closely as possible. If reformation is not permitted or appropriate, the invalid, illegal, or unenforceable portion shall be severed and the remaining provisions shall remain in full force and effect.
Headings are included for convenience only and do not limit or affect interpretation. The words “include,” “includes,” and “including” mean “including without limitation.” The word “or” is not exclusive unless the context clearly requires otherwise. References to “written,” “writing,” or “in writing” include electronic records and communications where permitted by applicable law. References to a person include individuals and legal entities as the context requires. Words in the singular include the plural and words in the plural include the singular where appropriate. These Terms shall be interpreted according to their plain meaning and shall not be construed strictly for or against either party solely because that party or its counsel drafted them.
Except where these Terms expressly provide an exclusive remedy, Poseidon’s rights and remedies under these Terms are cumulative and are in addition to all rights and remedies available at law or in equity. The exercise of one right or remedy does not preclude the exercise of another right or remedy.
Any provision of these Terms that by its nature should survive expiration, cancellation, suspension, Account closure, completion of Services, or termination shall survive, including provisions concerning accrued payment obligations, Provider Charges, intellectual property, User Materials, records, privacy obligations to the extent applicable, disclaimers, assumption of risk, releases, limitations of liability, indemnification, dispute resolution, governing law, and miscellaneous provisions.
Completion of a Request, prior performance of Concierge Services, expiration or cancellation of a Membership, prior acceptance of a similar Request, or any prior course of dealing between Client and Poseidon does not obligate Poseidon to accept future Requests, continue a Client relationship, preserve prior pricing, maintain a particular Provider relationship, or continue offering any particular Concierge Service, except as expressly agreed in a then-effective Service Order or Membership.
Nothing in these Terms is intended to waive, restrict, disclaim, release, or limit any right, remedy, obligation, or liability that applicable law prohibits the parties from waiving, restricting, disclaiming, releasing, or limiting. If a provision of these Terms conflicts with a mandatory requirement of applicable law, the mandatory legal requirement shall control only to the extent of that conflict.
57. Contact Information; Legal Notices
Questions concerning these Terms, an Account, Membership, Concierge Services, billing, cancellations, privacy matters, or other service-related issues may be directed to Poseidon using the contact information made available through the Digital Services or the contact information set forth below.
The Poseidon Group Services, LLC
d/b/a Poseidon Lifestyle Concierge Group
Business Address: 17830 Monte Vista Drive,
Boca Raton, Florida 33496
General Client Services Email: info@poseidonlcgroup.com
Membership Cancellation Email or Online Cancellation Method: info@poseidonlcgroup.com
Privacy and Security Contact: info@poseidonlcgroup.com
Telephone: (516) 633-7126
Formal notices of dispute under Section 53, demands for arbitration, notices of material breach, indemnification notices, or other formal legal notices to Poseidon shall be delivered to:
The Poseidon Group Services, LLC
d/b/a Poseidon Lifestyle Concierge Group
Attn: Legal Notices
17830 Monte Vista Drive,
Boca Raton, Florida 33496
Email: info@poseidonlcgroup.com
Poseidon may update its operational contact information from time to time by posting revised contact information through the Digital Services or otherwise providing notice to Client. Any change to Poseidon’s formal legal-notice address or email shall become effective when posted through the Digital Services or otherwise communicated in accordance with these Terms.
Client is responsible for maintaining current and accurate contact information associated with Client’s Account, Membership, and Concierge Services. Notices sent by Poseidon to the most recent email address, mailing address, Account, or other contact information provided by Client may be relied upon by Poseidon to the extent permitted by applicable law.
Date Last Modified: 10/27/2026