Terms of Use | Creating Magic Personal Concierge

Creating Magic Personal Concierge operates in the personal services industry providing personal concierge and lifestyle management solutions to busy men, women and families.

This Website (www.creatingmagicconcierge.com) is owned by Wadeney Lockhart o/a Creating Magic Personal Concierge and all references to “Creating Magic Personal Concierge”, "we", "us" and "our" shall be interpreted as such. In addition, “User”, “Client”, “you” or “your” refers to any client, visitor, or user of this website.

The following Terms of Use (“Terms") govern your access to and use of the Creating Magic Personal Concierge website, our third-party client portal, mobile application, social media pages and any other electronic sites used in the delivery of services to you (collectively our “Website”). By accessing and using our Website, you agree to be legally bound by these Terms and our privacy policy (“Privacy Policy”). If you do not agree to these Terms or our Privacy Policy, you must immediately cease accessing and using our Website and/or our products and services.

Further, these Terms are hereby incorporated into and made a part of the client service agreement for the purchase of services between you and Creating Magic Personal Concierge. Together, these Terms and any specific agreements form the comprehensive contract between you and Creating Magic Personal Concierge.

Our services are available to residents in Ontario, Canada. We do not currently provide services to customers in other provinces or internationally.
All prices for our services are in Canadian dollars and HST will be charged on all purchases.
We reserve the right to make changes to our Website and/or our products and services at any time, including changes to our pricing plans.
To use our Website and/or our products and services, you must be over the age of majority in Ontario. If you are under the age of majority, you must obtain consent from a parental or legal guardian as our Website and/or our products and services are intended solely for persons who are 18 years of age or older.
Confidential Information collected during your use of our Website and/or our products and services is subject to our Privacy Policy, which sets out the policies and practices for how we collect, use, disclose or otherwise handle your Personally Identifiable Information.
You can access and use our Website to learn more about the company and the products and services that we offer, communicate with us, submit service tickets and purchase products or services.
You must not access or use our Website and/or our products and services for any illegal, commercial or unauthorized purpose, nor may you, in the use of our Website, violate any laws in your jurisdiction (including but not limited to copyright and intellectual property laws).
You must not transmit any worms or viruses or any malicious code that may damage or disable our Website or compromise the security of our client's personal information. Exploiting our Website or its contents by interfering with their operation, launching a cyber threat or attack or imposing any unreasonable or large load is a criminal act and is strictly prohibited.
You must not access or attempt to access any area of our Website that you do not have authorization to access. If you are a site member or a client with access to our client portal, you must not share your username and password or provide access to anyone without written permission from Creating Magic Personal Concierge. You are the owner of your login credentials and you are responsible to do your part to maintain the security of your account information. Creating Magic Personal Concierge will not be responsible for the access or use of your account by any other person and we reserve the right to terminate your account access and your services should any security breaches occur due to the sharing of your account information, whether intentional or unintentional.
Our Website, its content and any other documents used in the delivery of services to you are solely owned by Creating Magic Personal Concierge and protected by copyright, trademark, and other intellectual property laws, unless expressly indicated otherwise. You may not reproduce, copy, publish, transmit, distribute, sell or modify the contents in any way, in whole or in part, or through any medium for distribution, publication or any commercial purpose or in any way that earns you or another person(s), business and/or legal entity money, except with our express written permission or as permitted by applicable laws. Use of our Website and/or our products and services does not grant or transfer to you any right, title, license or interest as a result of such use, unless such right, title, license or interest is granted to you in writing by Creating Magic Personal Concierge.
Our Website is provided “as is” and without warranties or guarantees of any kind, either express or implied. To the fullest extent permissible in law and in equity, we disclaim all warranties or guarantees, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Though we take reasonable steps to ensure that our Website is professional and secure, we do not warrant that our Website will be functional, correct, complete, or error-free, or that any part of the Website is free from viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website.
We do not guarantee uninterrupted access to our Website as occasional service disruptions may be necessary for repairs, maintenance or updates. We are not liable for any damages or refunds should access become unavailable or slow due to system backups, internet traffic, upgrades, overloads, network failures or other causes.
You agree at all times to defend, indemnify and hold us harmless, as well as any of our employees, contractors, parents, subsidiaries, affiliates, officers, directors, shareholders, partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses on a solicitor-client basis, arising out of or related to your use of our Website and/or our products and services, or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us, to the full extent permitted by applicable law.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages arising from any use of or reliance on our Website and/or our products and services. You hereby release us from any and all such claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
These Terms, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, will survive the termination of our agreement by either you or by us.
These Terms, together with our Privacy Policy, our client service agreement and any other relevant documents collectively constitute the entire agreement between you and Creating Magic Personal Concierge and all prior representations, arrangements, negotiations, understandings, and agreements between you and us, whether written or oral, establish the complete and exclusive agreement and understanding between the parties. Furthermore, neither party has relied on any representation, arrangement, understanding, or agreement not expressly set forth or referred to in these Terms.
These Terms and all contracts and agreements between you and us are governed by the laws of Ontario and Canada.
If any provisions in these Terms are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from these Terms and shall not affect the validity or enforceability of all other provisions in these Terms, which shall remain in full force.
It is your responsibility to regularly review these Terms to ensure that you understand the terms and conditions governing your use of our Website and/or our products and services. Your continued use of our Website and/or our products and services following any changes to these Terms constitutes your acceptance of those changes.

If you have any questions or concerns about these Terms, please contact us.

Last Updated: February 3, 2025