Terms and conditions for members of the Ten Lifestyle web service

Background

A. Ten Lifestyle is managed and operated by TEN Lifestyle Management Limited, a lifestyle management company registered in England and Wales (registration number 4688658) whose registered address is: 2nd Floor, Fitzroy House, 355 Euston Road, London NW1 3AL

B. The concierge service is provided primarily through an online knowledge base (website), personalised advice received via phone or email and third party services provided by Partnered Suppliers (PS's).

C. Partnered Suppliers are fully audited by TEN Lifestyle Management Ltd and accept TEN Lifestyle Management Ltd's terms and conditions of business.

D. Ten Lifestyle provides a service to groups of individuals on behalf of paying Partner Organisations. These individuals are hereafter referred to as 'members' for the purposes of this Agreement.

1. Obligations of Ten Lifestyle – Use of website

1.1. The material on this site is subject to TEN Lifestyle Management Ltd copyright protection, unless otherwise indicated. TEN Lifestyle Management Ltd copyright protected material may be reproduced free of charge in any format or media without specific permission, provided the material is for public use and not for profit, material or financial gain. This is subject to the material being reproduced accurately and not being used in a derogatory manner or in a misleading context.

1.2. Where the material is being published or issued to others, the source and copyright status must be acknowledged. The permission to reproduce TEN Lifestyle Management Ltd copyright protected material does not extend to any material on this site which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned. If there is a restriction on reproduction, any other proposed use of the material would be subject to the approval of TEN Lifestyle Management Ltd. Application should be made to Associate Director of Content and Innovation, TEN Lifestyle Management Ltd, 2nd Floor, Fitzroy House, 355 Euston Road, London NW1 3AL

Links

1.3. Ten Lifestyle is not responsible for the content or reliability of websites linked to in the Ten Lifestyle website, and does not necessarily support the views expressed within them. Including a link to a website should not be taken as an endorsement of any kind. Ten Lifestyle cannot guarantee that these links will work all of the time and has no control over availability of the linked pages.

Contributions

1.4. You agree to grant Ten Lifestyle, free of charge, permission to use any material you provide on its website and in responses provided to members, including modifying and adapting it for operational and editorial reasons.

Disclaimer

1.5 Ten Lifestyle hereby grants visitors to this World Wide Web site access to these pages conditional upon your agreement to accept the application of the laws of England to govern matters between us in relation to this web site and you agree to indemnify us and not hold us liable for the foreseeable result of any actions you may take based on the information contained herein.

2. Obligations of Ten Lifestyle – Use of Support Service

2.1. Ten Lifestyle agrees to use all reasonable endeavours to introduce members to suitable service professionals who are best suited to meet your needs. For certain jobs, Ten Lifestyle may undertake to manage the job and liaise with the service professionals on your behalf.

2.2. Ten Lifestyle agrees to use all reasonable efforts to ensure that when members use the service, you do not pay more than the local market rate or the recommended retail price for any goods or services concerned. This is referred to as the Ten Lifestyle pricing principle.

2.3. Ten Lifestyle agrees to update members as soon as is reasonably practicable in respect of any fundamental changes within Ten Lifestyle, including, amongst other things, systems of work, pricing principles, subscription fees and additional charges.

2.4. In the event of any complaint about the Ten Lifestyle service, members should raise the issue directly with Ten Lifestyle who undertake to look into the issue within 2 working days of receipt of notification of the complaint and report back to the member as soon as reasonably practical. This does not in any way affect the Member's statutory rights.

3. Partnered Suppliers (PS's)

3.1. Where possible Ten Lifestyle will introduce members to a service professional that is a Partnered Supplier (PS).

3.2. Ten Lifestyle will use all reasonable endeavours to ensure that the PS's are reputable companies offering quality and value to their customers.

3.3. The contract for work to be carried out by the PS is between the member and the PS. Ten Lifestyle is not party to that contract.

3.4. It is the responsibility of the PS to communicate its terms and conditions of business, method of work and prices to members.

4. Other service professionals

4.1. In the event that Ten Lifestyle does not have a PS to carry out members' requested jobs, Ten Lifestyle will take reasonable steps to find another service professional to do so. Ten Lifestyle cannot guarantee such a service professional in any way whatsoever.

5. Your obligations

5.1. The service will commence from the time the Partner Organisation funding the service so agrees in the contract with Ten Lifestyle.

5.2. Members agree to use best endeavours to provide true, accurate, current and complete information when providing details to Ten Lifestyle.

5.3. Members agree to notify Ten Lifestyle as soon as practical of any changes to the information provided, when appropriate.

5.4. Members agree not to impersonate any other person or entity or to use a false name you are not authorised to use.

5.5. Members agree to take responsibility for ensuring that any individual covered under the membership (i.e. other adults sharing your Household) complies with the terms of this Agreement and that any non-compliance by the individual will be deemed to be a breach of the Agreement by the member.

6. Charges and payment

6.1. Members shall pay all charges reasonably levied by Partnered Suppliers, as notified to you at the time of booking. You will be notified of any changes to pricing as laid out in clause 2.3.

6.2. Additional charges may be incurred from time to time. These charges will always be agreed in advance with members.

6.3. From time to time, Ten Lifestyle may also charge for specific, complex tasks, presented to you as a 'package'. This will apply where there is no supplier or where Ten Lifestyle can provide a more competitive service than existing suppliers. These packages will be defined and agreed with members in advance of any additional payment being agreed.

6.4. From time to time, payment for services provided by Partnered Suppliers may have to be managed through Ten Lifestyle. In such instances Ten Lifestyle may debit the amount invoiced from your credit card or claim the amount invoiced from your bank account by direct debit. Ten Lifestyle will then arrange for the PS to be paid on the terms agreed between Ten Lifestyle and the PS. Ten Lifestyle may earn interest on money prior to it being paid to the PS. For the protection of members, Ten Lifestyle will hold all money received from members for the payment of PS's in a designated trust account until it is paid to the PS.

6.5. Ten Lifestyle may earn commission from PS's as a result of introducing you to a PS. In most cases, the commission is calculated as a percentage of the value of the work carried out by the PS on the member's behalf. This percentage will vary on, amongst other things, the quantity, quality and nature of the work undertaken by the PS for the Ten Lifestyle membership as a whole. In any event, the level of commission will not override Ten Lifestyle's obligation under section 2.2.

7. Confidentiality

7.1. All private information matters or issues that you disclose to Ten Lifestyle or employees or officers are confidential. Neither will disclose information about members to third parties other than for the purposes of this Agreement.

7.2. TEN Lifestyle Management is regulated by the Data Protection Act 1998 (registration number Z7761476).

7.3. Recording of phone calls. Your calls may be monitored or recorded for training and quality purposes.

8. Liability

8.1. When members instruct a PS, your contract for that PS's services is with the PS not Ten Lifestyle. Ten Lifestyle is not responsible for the actions of the PS.

8.2. Subject fully to its obligations under clauses 2.1, 2.2, 3.1, 3.2, and 2.3 above, Ten Lifestyle accepts no responsibility for any loss, liability or cost incurred by members as a result of any act or omission by the PS.

8.3. Subject fully to its obligations under clauses 2.1 and 2.2 above, Ten Lifestyle accepts no responsibility for any loss liability or cost incurred by members as a result of any act or omission by any other service professional who is not a PS.

8.4. Ten Lifestyle makes no warranty that the web site or use of the service will be uninterrupted, timely or error free.

8.5. Ten Lifestyle accepts no responsibility for any act or omission beyond its reasonable control.

9. Force Majeure – Unforeseeable Events

9.1. Neither party to this Agreement shall be responsible to the other party for any delay in performance or non-performance due to a force majeure event. Ten Lifestyle shall promptly, upon the occurrence of a force majeure event, inform the Partner Organisation in writing stating that the event has delayed or prevented its performance under this Agreement and thereafter that it shall take all action within its power to comply with the terms of this Agreement as fully and promptly as possible.

9.2. "Force majeure event" means an event beyond the reasonable control of either party including without limitation strike, lock-out, labour dispute, act of God, war, terrorist act, civil commotion, malicious damage, compliance with a law or government order, rule, regulation or direction, accident breakdown of plant or machinery, fire, flood, storm, and other circumstances affecting the supply of goods and services.

10. Termination

10.1. The Ten Lifestyle service agreement may be terminated at any time after the occurrence of an event specified in Clause 10.1.1 – 10.1.6. The events are:

10.1.1. Material breach of this Agreement by either Ten Lifestyle or Partner Organisation and if the breach is capable of remedy failing to remedy the breach within 30 days starting on the day after receipt of notice from the Initiating Party giving details of the breach and requiring the Breaching Party to remedy the breach and stating that a failure to remedy the breach may give rise to termination. For the purposes of this Clause a breach is capable of remedy if time is not of the essence in performance of the obligation and if the Breaching Party can comply with the obligation within the 30 day period.

10.1.2. The Breaching Party passing a resolution for its winding up or a court of competent jurisdiction making an order for the Breaching Party's winding up or dissolution.

10.1.3. The making of an administration order in relation to the Breaching Party or the appointment of a receiver over or an encumbrancer taking possession of or selling an asset of the Breaching Party.

10.1.4. The Breaching Party making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally.

10.1.5. The making of a bankruptcy order.

10.1.6. Death of a member.

11. Consequences of Termination

Both the Partner Organisation, its members and Ten Lifestyle's further rights and obligations cease immediately on termination of this Agreement but termination does not affect either party's accrued rights and obligations at the date of termination.

11.1. Within 30 days of termination of this Agreement members shall pay all monies still owing to Ten Lifestyle or any PS at the date of termination.

11.2. In the event that any such outstanding monies are not paid within 30 days of termination these outstanding monies shall immediately be due and may be debited directly from your bank account or credit card.

12. Intellectual Property Rights

12.1. The Partner Organisation hereby acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the web site (the "Rights"), including the manner in which the web site is presented or appears and all the information and documentation relating thereto is the property of Ten Lifestyle or Ten Lifestyle Management and nothing contained herein shall be constructed so as to transfer any of the Rights to you.

13. Notices

13.1. A notice or other communication under or in connection with this Agreement shall be in writing and shall be delivered personally or sent by first class post fax or e-mail to the party due to receive the notice or communication at its registered address or the fax or e-mail address specified in writing to the other.

14. General

14.1. If any of the above provisions are held to be illegal or unenforceable such provisions shall be severed and the remainder of the Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

14.2. This Agreement constitutes the entire agreement between Ten Lifestyle and members and supersedes all previous communications, representations and agreements, either written or oral (other than fraudulent misrepresentation). This Agreement overrides any agreement that Ten Lifestyle may have with a Partner Organisation. You acknowledge that no reliance is placed on any representation made but not embodied in the said documents, though for the avoidance of doubt nothing in this Agreement shall in any way limit any rights you may have arising by virtue of the Contracts (Rights of Third Parties) Act 1999 or any successor legislation.

14.3. The terms of this Agreement shall regulate the relationship between members and Ten Lifestyle and the use of the services provided by Ten Lifestyle shall constitute acceptance by you of the terms & conditions set out in this Agreement.

15. Governing Law and Jurisdiction

15.1. This agreement is governed by and shall be construed in accordance with English Law.

15.2. The courts of England have exclusive jurisdiction to hear and decide any suit action or proceedings and to settle any disputes which may arise out of or in connection with this Agreement and for these purposes each party irrevocably submits to the jurisdiction of the courts of England (save in the cases of members based in Scotland in whose case the Scottish courts shall also have jurisdiction)

16. ATOL

Ten Lifestyle Management Ltd. ATOL number: 9804

16.1 Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLcertificate


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