The Concierge Circle Terms & Conditions

TERMS AND CONDITIONS OF MEMBERSHIP

These Conditions apply to all services ordered from or provided to you by The Concierge Circle and by requesting services from The Concierge Circle you agree that these conditions shall apply to those services and your membership. These Conditions apply for all users of The Concierge Circle’s services irrespective of membership type.

1. DEFINITIONS AND INTERPRETATION

1.1 In these terms and conditions (the “Terms and Conditions”) the following words and phrases shall have the following respective meanings unless the context requires otherwise:

1.1.1 “Company” means The Concierge Circle, a trading style of White Knight Consulting Limited, a company registered and incorporated under the laws of England & Wales (company number 08438898) the address of whose registered office is 59 St Martins Lane, London, WC2N 4JS. The Company is registered for VAT and that is included on monthly membership prices but will be charges as necessary (VAT Registration Number 216 0956 17)

1.1.2 “Goods” means any goods purchased by or supplied to the Company on behalf of a Member and subsequently provided to the Member under the Terms and Conditions which goods shall be deemed to have been purchased by the Company as agent for the Member;

1.1.3 “Member” means the person registered on the Membership Sign up Form where acceptance of an application has been communicated to the Member by the Company;

1.1.4 “Membership Application Form” means the application form completed by an applicant in applying for membership, this can be for a trial or for a full subscription.

1.1.5 “Membership Fee” means the monthly or annual fee charged by the Company to the Member for membership;

1.1.6 “Payment Card” means credit card or debit card.

1.1.7 “Service Fee” means the fee charged by the Company to the Member for the provision of its Services. This is applicable to out of office requests and from time to time in office requests;

1.1.8 “Services” means any services provided by the Company to the Member or sourced by the Company from a Supplier for the Member and subsequently provided to a Member under the Terms and Conditions including the purchase of Goods on behalf of the Member; and

1.1.9 “Supplier” means any third party supplier with whom the Company liaises in sourcing the Services while acting as agent on behalf of the Member.

1.2 In these Terms and Conditions:

1.2.1 words denoting the singular shall include the plural and vice versa;

1.2.2 any reference to a statutory provision shall include any amendment, replacement or re‐enactment thereof; and

1.2.3 the headings of clauses are intended for convenience only and shall not affect the interpretation of the Terms and Conditions.

2. MEMBERSHIP

2.1 On receipt of a completed Membership Sign up Form, the Company will contact the member letting them know if the application has been successful. The Company has absolute discretion to accept or reject any application for membership and is not obliged to act reasonably in doing so. The Company will notify a Member that the application is successful at the earliest opportunity usually by welcome email. Where an application is not successful, the Company is under no obligation to disclose its reasons for rejecting an application.

2.2 Acceptance by the Company of an application for membership constitutes a binding contractual agreement between the Company and the Member upon these Terms and Conditions commencing from the Effective Date (“the Renewal Date”).

2.3 Your Membership is personal to you. You are responsible for ensuring that no one (other than nominated person for FULL CIRCLE members ONLY) uses your Membership.

2.4 Access to and use of your personalised Membership section of the Website is through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify The Concierge Circle immediately if you believe that there has been any breach of security, including the unauthorised use of your name and password.

3. MEMBERSHIP FEES AND RENEWALS

3.1 Full Membership is conditional on payment in advance and in full of the Membership Fee. This can be paid monthly or annually. Any increase or decrease to the Membership Fees for subsequent months/years of Membership will be notified to all Members in advance or their Renewal Date.

3.2 The Membership Fee shall be paid in full in advance every month or annually on the Effective Date in cleared funds via direct debit or a PayPal recurring payment.

3.3 Except where the Company gives its prior written consent, it will not accept payment of the Membership Fee by any method other than those stated in clause 3.2.

3.4 Where the Member chooses to pay the Membership Fee by annual direct debit, this method must be selected at the time of joining. The member can request to change from paying monthly to annually but only in writing 10 working days before the member’s next payment would be due. A new annual Membership will need to be taken out and the Renewal Date may change.

3.5 If the Membership Fee or any Instalment remains unpaid after the due date for payment, all monies owing to the Company under these Terms and Conditions will become due and payable immediately.

3.6 Membership will automatically continue either monthly or annually after the Effective Date unless otherwise cancelled or terminated by the Member or the Company in accordance with these Terms and Conditions. The Member authorises the Company to deduct renewal Membership Fees monthly or annually pending what method the Member has selected. This payment may be taken up to 5 working days in advance of “the Renewal Date”

3.7 The Membership Fee shall be payable by a Member irrespective of the Member’s level of use of the Services or any changes in the Member’s personal circumstances, such as being abroad.

3.8 Members shall pay the Membership Fee in full without any discount, deduction, set‐off or abatement whatsoever unless otherwise stated. If the Member fails to make payment within 7 days following the due date then, without limiting any other right or remedy available to the Company, the Company may:

3.9.1 freeze the Member’s membership and withdraw the continuation of Services to the Member;

3.9.2 cancel the membership pursuant to clause 7.1.2. Where such cancellation of membership occurs, the Company cannot guarantee a former Member will be successfully re‐admitted as a Member at any time following cancellation.

4. SERVICE FEES

4.1 The Company’s charges for Out Of Office Services are based on an hourly charge out rate (“the Rate”). The Rate is calculated in 15 minute units (for example, if the duration of the Services is 20 minutes, the Member will be charged two 15 minutes units). The full hourly rate details for specific membership is: Universal £100 per hour, Half Circle £80 per hour, Full Circle £60 per hour. All prices are subject to VAT. A Member should contact the Company for a tailored quote to suit bespoke needs.

4.2 The Company’s normal business hours are 9:00am to 9.00pm Monday to Sunday (“Normal Business Hours”). The Company may be available to provide Services to Members outside these hours. Normal Business Hours may be lengthened or shortened in the absolute discretion of the Company upon reasonable prior notice being given to Members. Upon receiving such notification, a Member shall be entitled to cancel Membership by serving notice of cancellation to the Company within 7 days of the date of such notification. The Company will arrange a reimbursement of the unexpired portion of the Membership Fee calculated on a pro rata basis within 28 days following receipt of the notice of cancellation from the Member.

4.3 Any amendments to the Rate will be notified to the Member in writing no later than 21 days prior to the intended implementation of an amended Rate. Upon receiving such notification, a Member shall be entitled to cancel Membership by serving notice of cancellation to the Company within 7 days of the date of such notification. The Company will reimburse the Member in respect of the unexpired portion of the Membership Fee calculated on a pro rata basis. Such reimbursement will be arranged by the Company within 28 days following receipt of the notice of cancellation from the Member.

4.4 The Company shall issue invoices in respect of the Service Fee to the Member (the “Invoice”). Invoices must be paid in cleared funds before any out of office request is completed. If a Member has a positive balance in the Expense Account then this can be used to pay for Out Of Office Services.

4.5 Members shall pay Invoices in full without any discount, deduction, set‐off or abatement whatsoever. If the Member fails to make payment of such Invoices the Company reserves the right to cancel the out of office request.

5. SERVICES

5.1 The Company will provide the Services to the Member on condition that all requests are for legal, moral and ethical personal services in respect of their personal needs.

5.2 The terms and conditions governing the provision of certain services, for example, party or event organisation, property searching, may be supplemented by additional agreements and fees, the details of which will be sent to Members upon requesting such services. The provision of such services will not commence until the Company receives such agreement by the Member.

5.3 Acting reasonably at all times, the Company reserves the right to:

5.3.1 refuse to provide any Service requested; and/or

5.3.2 withdraw the continuation of any Service;

Provided that the Company informs the Member of any refusal or withdrawal as soon as reasonably practicable.

5.4 Except where Services are to be provided by the Company, the Company will liaise with Suppliers in procuring the Services to be provided to the Members. The Company will communicate with Suppliers on a Member’s behalf unless it considers that it is more appropriate in the circumstances for the Member to contact the Supplier directly, in which case it will advise the Member accordingly.

5.5 Suppliers may impose their own terms and conditions in providing the Services and Members are required to comply with such terms and conditions. Unless otherwise agreed by the Supplier, a Member shall not be entitled to cancel any Service requested where, on a Member’s instructions, performance has already begun.

5.6 Where the Company receives instructions from a Member to obtain tickets to an event (“the Event”), the Company will liaise with Suppliers to source and purchase such tickets. Members acknowledge and agree that such tickets may be purchased at a premium to their face value especially if it is a sold out event.

5.7 Where tickets to an Event have been purchased pursuant to clause 5.6 and the Event is subsequently cancelled for any reason, Members acknowledge and agree that any reimbursement will be limited solely to the face value of such tickets.

5.8 Where the Company, as principal, supplies products, which are made to a Member’s personal specification or are perishable in nature, such products will not be returnable by Members under any circumstances.

5.9 Where a Member requests the Company to purchase Goods on the member’s behalf, the Member agrees that such Goods will be purchased by the Company as agent for the Member and accordingly any contract of purchase will be entered into between the Member and the relevant Supplier. The Company will always inform the member if there are any additional fees to pay for example by sourcing a sold out item.

5.10 Where a Member requests the Company to make Supplier recommendations the Company shall provide independent and unbiased advice to the Member in relation to those Suppliers. The Company may receive commissions or referral fees from Suppliers as a result of a Member’s decision to use that Supplier and the Member agrees that the Company may retain such commissions and referral fees. The Company’s policy is to be transparent in relation to commissions and referral fees.

6. PAYMENTS TO SUPPLIERS

6.1 The Company requires cleared funds in advance to make payments to suppliers on behalf of the Member. This can be held in our account (Only Half and Full Circle Members via an Expense Account) and would need to be topped up from time to time. If requested a statement could be sent to Members.

6.2 The Company may use the Member’s monies held as per 6.2 or Payment Card to make payments to a Supplier on the Member’s behalf on condition that a Member HAS requested and authorised the Company to do so. In such circumstances, Members acknowledge, warrant and agree that:

6.2.1 The Company shall have no liability in respect of or be responsible in any way for any use of a Member’s
Payment Card by such Supplier;

6.2.2 the Payment Card used will be that of the Member’s; and

6.2.3 the Payment Card will be sufficient to cover in full the cost of the goods or services supplied by the Supplier.

6.3 From time to when a Member instructs the Company to make a restaurant reservation on their behalf. Where such reservation is subsequently cancelled by the Member, the Member authorises the Company to invoice for any charges that may have been incurred by the company. Some restaurants do require card details before booking but the member will be informed of this if it’s the case.

7. CANCELLATIONS AND SUSPENSION OF MEMBERSHIP

Cancellation by the Company

7.1 The Company reserves the absolute right to cancel the membership of any Member (in its sole discretion) with immediate effect in the following circumstances:

7.1.1 where a Member commits a serious or repeated breach of these Terms and Conditions and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;

7.1.2 if any part of the Membership Fee remains unpaid 10 days after its due date for payment; or

7.1.3 if a Member provides the Company with details that the Member knows to be false when applying for membership.

If the Company terminates for any of the reasons in this clause, it reserves the right to retain a proportion of the money paid under these Terms and Conditions to cover any reasonable costs incurred.

7.2 Where the Company cancels membership for any serious reason, other than those outlined in clause 7.1, it will give 28 days’ notice of cancellation to the Member. Where the Company cancels membership pursuant to this clause, it shall refund the balance of the Membership Fee on a time apportionment basis in respect of the unused period of membership.

Cancellation by the Member

7.3 A Member can cancel membership at anytime either during a trial period or at any other point during membership. The Member must let the Company know at least 5 working days before your payment is due for membership to cease at the end of that membership month. If your payment has been made then we can refund the membership rate on a pro rata basis (this may take up to 21 days to cancel) and will continue to provide Member services until the cancellation date.

7.4 In addition to the rights of cancellation under this clause 7, Members shall be entitled to cancel Membership in accordance with clauses 4.2, 4.3 and 11.3.

8. LIABILITY

8.1 The Company warrants that it will, at all times, exercise reasonable care and skill in providing the Services and, as far as reasonably practicable, such provision will accord with the Member’s request and instructions.

8.2 Where the Company engages a Supplier to procure Services for a Member, it will use reasonable care and skill in selecting and engaging the Supplier. Except as provided in clause 8.1, the Company will not be liable for any recommendations or representations or offer any warranties as to the quality, fitness for a particular use or otherwise of the Goods or the standard of Services supplied.

8.3 Members should note that the successful sourcing of Suppliers is always subject to availability and may change from time to time without notice. If any Supplier becomes unavailable, the Company will use reasonable endeavours to ensure that a substitute Supplier is located. The Company shall not be responsible for any actions of Supplies which are outside the Company’s actual control.

8.4 Members must rely on their own judgment and discretion in selecting and using the Services offered by a Supplier and in entering into any third party contracts with a Supplier. Any Goods or Services provided by the Supplier will be governed by the contract formed between the Member and the Supplier. The Company will not be responsible for any Goods or Services provided by the Supplier but will do everything it reasonably can to assist Members in any subsequent dealings with Suppliers.

8.5 Any contracts, which Members enter into with Suppliers, are independent and not connected to or subject to these Terms and Conditions. The Company disclaims any and all liability for any act or omission of any Supplier or any loss incurred by a Member as a result of any act or omission of a Supplier.

8.6 On occasions, the Company may be asked to make recommendations to Members. When making such recommendations, the Company shall use reasonable endeavours to ensure that such recommendations are accurate. However, the Company does not warrant to Members that such recommendations are accurate or that they will be to the Member’s own satisfaction. Members must make and rely on their own enquiries in relation to such recommendations. The Company accepts no liability for any goods or services provided to a Member in the course of acting upon such a recommendation.

8.7 The Company does not limit its liability for death or personal injury caused by its negligence or that of its employees.

8.8 Subject to clause 8.7, the Company’s liability whether arising from negligence, tort, breach of contract or other obligation or duty is limited to the value of the Members annual membership amount if an annual Member, or monthly Membership amount if a monthly Member and Members are responsible for making their own arrangements for the insurance of any excess loss.

8.9 Subject to clause 8.7, the Company will not have any liability to the Member for any claim to the extent that such claim is or can be characterised as a claim for (or arising from):

8.9.1 loss of revenue or profits;

8.9.2 loss of business opportunity or loss of contracts;

8.9.3 loss of goodwill or injury to reputation;

8.9.4 indirect, consequential or special loss or damage; or

8.9.5 anticipated savings.

8.10 The Company shall not be liable to the Member and will not be deemed to be in breach of these Terms and Conditions for any delay in performing or failure to perform the Services where such delay or failure is due to causes or events beyond the Company’s reasonable control.

9. CONFIDENTIALITY

9.1 Except to the extent set out in this clause 9, or where disclosure is expressly permitted elsewhere in these terms and conditions, the Company shall:

(a) treat all confidential information that the Company holds in relation to the Member as confidential applying the same security measures and degree of care to the confidential information as the Company applies to its own confidential information; and

(b) not disclose the Member’s confidential information to any other person without the Member’s prior written request

9.2 Clause 9.1 shall not apply to the extent that:

(a) such information is or becomes generally available to the public (other than as a result of its disclosure by the Company or its representatives in breach of these terms and conditions agreement), or;

(b) was available to the Company on a non‐confidential basis prior to disclosure by the Member; or

(c) was, is or becomes available to the Company on a non‐confidential basis from a person who, to the Company’s knowledge, is not bound by a confidentiality agreement with the Member or otherwise prohibited from disclosing the information to the Company;

(d) was lawfully in the possession of the Company before the information was disclosed to it by the Member as evidenced by written records; or

(e) the parties agree in writing it’s not confidential or may be disclosed.

9.3 The Company may only disclose the Member’s confidential information to the Company’s employees, staff, agents, consultants or Suppliers (Personnel) who are directly involved in the provision of the Services and who need to know the information. The Company shall ensure that such Personnel are aware of, and comply with, these confidentiality obligations.

9.4 The Company shall not, and shall procure that the Personnel do not, use any of the Member’s confidential information received otherwise than for the purposes of these terms and conditions.

9.5 The Company may disclose the confidential information only to the extent required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the Member as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 9.5, it takes into account the reasonable requests of the Member in relation to the content of such disclosure.

10. DATA PROTECTION

10.1 The Company may produce a newsletter or other publication, which may be emailed to Members at the Company’s discretion. If the Member does not wish to receive such publications by email, the Member should instruct the Company accordingly in writing or by clicking the ‘unsubscribe’ button in the email.

10.2 To ensure that Members maximise their membership benefits, the Company may send Members information by email detailing forthcoming events and such other benefits, products or services which they may be entitled to or interested in as a Member. If the Member does not wish to receive such information, the Member should instruct the Company accordingly in writing.

10.3 The Company may contact Members who have not used their membership recently to offer services or may contact Members to seek their opinion on how the Services offered may be improved. If the Member does not wish to be contacted in this way, the Member should instruct the Company accordingly in writing.

11. GENERAL

11.1 Nothing in these Terms and Conditions is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.

11.2 These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.

11.3 The Company may vary the Terms and Conditions from time to time and will notify Members in writing in advance 14 days prior to such variation. Upon receiving a notice of variation of these Terms and Conditions, a Member may cancel membership by serving notice in writing to the Company within 14 days following receipt of the notice of variation. In such circumstances, the Company will reimburse the Member’s Membership Fee on a pro rata basis. A Member’s continuing request for Services will indicate its acceptance of the altered Terms and Conditions in any event.

11.4 Where Members wish to raise any queries, concerns or complaints with the Company, it should email the Company at feedback@theconciergecircle.com

The Concierge CircleTerms and Conditions