These Conditions apply to all services ordered from or provided to you by Quintessentially and by requesting services from Quintessentially you agree that these conditions shall apply to those services and your order.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Conditions, the following definitions apply:

  • Benefits: means the benefits made available to Members by Suppliers.
  • Conditions: these terms and conditions as amended from time to time in

accordance with clause 10.5.

  • Joining Fee: means the Fee payable by the Member to Quintessentially upon

acceptance of a Membership application, in accordance with clause 3.1.

  • Member: a person registered as a member of the Membership Club.
  • Membership: means membership of the Membership Club.
  • Membership Card: means the card issued to Members by Quintessentially upon

acceptance of a Membership application in accordance with clause 2.

  • Membership Club: means the Quintessentially Lifestyle Membership Club

owned by Quintessentially (UK) Limited.

  • Membership Fees: means the fees payable in respect of Membership notified to

Members upon application for and prior to renewal of Membership.

  • Payment Card: has the meaning given in Clause 3.7.
  • Website: means the website located at www.quintessentially.com.
  • Request: means a request placed by a Member with Quintessentially for

Quintessentially to arrange the supply of goods and/or services from a third party on the

Member's behalf.

  • Services: means the concierge and lifestyle management services provided by

Quintessentially to its Members as part of their Membership.

  • Supplier means a supplier engaged by Quintessentially on behalf of and as agent

for a Member to provide goods and/or services to that Member.

1.2 In these Conditions, the following rules apply:

  • (a) a person includes a natural person, corporate or unincorporated body (whether

or not having separate legal personality);

  • (b) a reference to a party includes its personal representatives, successors or

permitted assigns;

  • (c) a reference to a statute or statutory provision is a reference to such statute or

statutory provision as amended or re-enacted. A reference to a statute or statutory provision

includes any subordinate legislation made under that statute or statutory provision, as amended

or re-enacted;

  • (d) any phrase introduced by the terms including, include, in particular or any

similar expression, shall be construed as illustrative and shall not limit the sense of the words

preceding those terms; and

  • (e) a reference to writing or written includes e-mails.

2. MEMBERSHIP APPLICATIONS AND YOUR MEMBERSHIP CARD

  • 2.1 All Membership applications are subject to acceptance by Quintessentially at

its sole discretion. Quintessentially shall notify applicants in the event that his or her

Membership application has been accepted. Quintessentially is under no duty to disclose its

reasons for rejecting any Membership application.

  • 2.2 You are obliged to provide correct personal details when you apply for

Membership. Failure to do so may invalidate your Membership and any subsequent transactions.

Your responsibility to provide accurate information is a continuing obligation and you must

notify Quintessentially promptly in the event that any information provided by you in connection

with your Membership changes.

  • 2.3 Quintessentially operates offices in a number of territories worldwide.

Quintessentially encourages Members with residences in multiple territories to register for

Membership with the Quintessentially office in the territory where their primary residence is

located in the first instance.

  • 2.4 Quintessentially will issue you with a Membership Card together with

associated Membership documentation as soon as possible following receipt of your Joining Fee

and Membership Fee.

  • 2.5 Your Membership is personal to you. You are responsible for ensuring that no

one (other than your personal assistant on your behalf, where applicable) uses your Membership.

  • 2.6 Access to and use of your personalized 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 Quintessentially

immediately if you believe that there has been any breach of security, including the unauthorized

use of your name and password.

  • 2.7 We will take all steps reasonably necessary to ensure that your data is treated

securely and in accordance with the Quintessentially privacy policy, further details of which are

set out in Clause 10.1. Please note that all information you provide to us is stored on our secure

servers. Any payment transactions carried out by us or our chosen third-party provider of

payment processing services will be encrypted using Secured Sockets Layer technology.

  • 2.8 You must notify Quintessentially immediately by e-mail at

[email protected] if your Membership Card is lost or stolen.

3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS

  • 3.1 For the first year of your Membership, Membership Fees and the Joining Fees

payable shall be confirmed to you prior to acceptance of your Membership application. The

Joining Fee shall be payable in full upon acceptance of your Membership application. Any

increase or decrease to the Membership Fees for subsequent years of Membership will be

notified to all Members in advance or their Renewal Dates.

  • 3.2 You acknowledge that your payment of the Joining Fee constitutes your

express request for us to begin to supply you with the Services.

  • 3.3 The Membership Fees and the Joining Fee are non-refundable.
  • 3.4 Quintessentially is a private Members-only club, and as consideration for the

acceptance of your Membership application, you agree to public non-disparagement of

Quintessentially, any other Member, and/or Quintessentially’s employees/agents. This condition

survives the termination of your Membership.

  • 3.5 Quintessentially is a non-solicitation environment, and any attempt to sell

goods and/or services to any other Member will be grounds for the termination of your

Membership.

  • 3.6 Quintessentially reserves the absolute right to cancel or suspend your

Membership where it has reason to do so. All services are provided at Quintessentially’s sole

discretion.

  • 3.7 Membership Fees are due on acceptance of your Membership application and

annually thereafter (the "Renewal Date"), and full payment will be taken by Quintessentially

annually in advance by direct debit or payment by a credit or debit card which you have

authorized us to deduct such payment from ("Payment Card") in accordance with the relevant

invoice.

  • 3.8 Where you have provided us with details of a Payment Card or have

authorized a direct debit mandate, you hereby expressly authorize Quintessentially to deduct

collect renewal Membership Fees up to 28 days prior to or on your Renewal Date. Alternatively

you will be contacted directly in order to renew your Membership.

  • 3.9 If you do not wish to renew your Membership you must notify us at least 30

days prior to your Renewal Date.

  • 3.10 If you do not notify us in accordance with Clause 3.9, Quintessentially

reserves the right to recharge the then current Membership Fee in order to renew the

Membership.

  • 3.11 Quintessentially (and its affiliated international offices) reserve the right to

refuse to provide the Services should any payment due under these Conditions not be received.

  • 3.12 If, during the course of your current Membership, you wish to upgrade your

Membership to a higher level of Membership or Quintessentially reasonably requests you to

upgrade your Membership based on your usage of the Services, the difference in price between

the two categories of Membership will be payable on a pro rata basis. If you do not accept

Quintessentially's request for you to upgrade your Membership then Quintessentially reserves the

right to cancel your existing Membership with immediate effect in which case you will be

entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of

the relevant Membership year for which you have paid Membership Fees.

  • 3.13 Quintessentially may at your request purchase goods or services on your

behalf. In the event that we act as a credit agent in this regard, you hereby authorize

Quintessentially to deduct the credit sum from your Payment Card immediately.

4. SUPPLY OF SERVICES

  • 4.1 Quintessentially shall supply the Services to the Member during the

Membership in accordance with the Member's particular Requests, provided that

Quintessentially shall not be required to provide or facilitate the supply of goods and/or services

that it deems at its sole discretion may violate applicable laws, standards and/or regulations or

may offend taste and decency in the relevant jurisdiction.

  • 4.2 Quintessentially shall use its reasonable endeavers to meet any performance

dates specified, but any such dates shall be estimates only and time shall not be of the essence for

performance of any Services.

  • 4.3 Quintessentially shall have the right to make any changes to the Services

which are necessary to comply with any applicable law or safety requirement, or which do not

materially affect the nature or quality of the Services, and Quintessentially shall notify the

Member in any such event.

  • 4.4 Services will be provided in English (and in other languages depending on the

location of the Quintessentially office during normal business hours).

  • 4.5 Outside normal business hours (or as may otherwise be required from time to

time), Member queries and/or Requests may be routed to an alternative Quintessentially office

for assistance. At such times, services will be provided in the English language.

  • 4.6 You acknowledge that Quintessentially reserves the right to accept

commissions upon the supply of products or performance of services by any Supplier.

  • 4.7 Telephone calls to Quintessentially may be monitored or recorded for training

and quality control purposes.

  • 4.8 Quintessentially shall provide the Services using reasonable care and skill

and, as far as reasonably possible, in accordance with your Requests and reasonable instructions

from time to time.

  • 4.9 Restaurants and clubs:

- (a) When you use the restaurant booking service you hereby authorize us to debit

your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited

as a result of your cancellation of the booking.

- (b) When you use the restaurant booking service you agree that where you cancel

a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not

be entitled to any refund of any monies paid to secure the booking including the return of any

booking deposit.

- (c) Quintessentially reserves the right to deny restaurant requests from Members

if Members repeatedly fail to honor their bookings or continuously violate cancellation policies.

Repeated violations (that is, 3 times in any 12-month period of your Membership) of our

Restaurant policy may result in Quintessentially, at its sole discretion, charging a $75 per person

cancellation fee to the Member for cancelled or “no-show” bookings.

- (d) Admission of Members to any club premises is at all times at the sole

discretion of the club Supplier and Quintessentially shall have no liability where a Member is

refused admission to a club.

  • 4.10 Tickets:

- (a) Quintessentially may be able to obtain "best tickets" for you in relation to sold

out events through one of its ticket agent partners. Please note that by instructing

Quintessentially to obtain such tickets on your behalf you are agreeing to purchase tickets above

face value and the total cost may include a service charge to Quintessentially in respect of our

provision of services to obtain the seats for you. Quintessentially is not the seller of the tickets

and is not responsible for fulfilment of your order.

- (b) All such tickets and ticket agent partners (who shall be the seller in respect of

the transaction) shall have their own terms and conditions (which we suggest you should read).

Such terms and conditions are likely to include terms which state that sales of tickets are final

and no refunds shall be issued after the purchase has been made. Quintessentially shall not be

able to provide you with any refund or obtain any such refund on your behalf.

- (c) In the event of a show being cancelled directly by the artist/promoter, it may

be possible to obtain a refund of the face value of the relevant tickets.

- (d) Quintessentially or its ticket agent partner will despatch your tickets through

delivery agents at standard rates. Please note that Quintessentially shall not be liable for any

failure by delivery agents to deliver your tickets.

5. PLACING A REQUEST

  • 5.1 Members may place Requests by telephone (which does not include text

messages), e-mail or through the Members' section of the Website.

  • 5.2 Members should always contact their primary office in the first instance to

manage all Requests (including international Requests).

  • 5.3 Quintessentially, acting reasonably, reserves the right to withdraw any of the

Services and/or to refuse to accept any Requests at its sole discretion.

  • 5.4 If Quintessentially is unable or not obliged to deal with any Request, it will

inform the Member as soon as reasonably practicable.

  • 5.5 You undertake that all details you provide to us for the purpose of booking,

ordering or purchasing products or services are correct, that the debit, credit and/or Payment

Card you use from time to time is your own and that you have sufficient funds to cover the cost

of the product or service.

  • 5.6 From time to time the procurement or provision of certain services, products

or benefits may incur a Quintessentially services fee or handling charge (of which you will be

notified in advance, and which may vary between Quintessentially offices) and in such event you

hereby authorize Quintessentially to debit your Payment Card with any such handling charges or,

alternatively, to invoice you in respect of such fees or charges.

6. CANCELLATIONS, REFUNDS AND RETURNS

  • 6.1 The Member acknowledges that the sales contract for the supply of goods

and/or services made as a result of a Request is between the Member and the relevant Supplier

and that Quintessentially is not a party to such contract. Cancellation of contracts with Suppliers

should be addressed with the Supplier directly and will be subject to the relevant Supplier's

policies.

  • 6.2 If a Request for a specific product or service is not available, Quintessentially

may offer you substitute products or services of a similar description and standard. You may at

your sole discretion refuse acceptance of such substitute products and/or services and request a

full refund in the event that payment has already been made to the Supplier for the unavailable

product or service.

  • 6.3 All descriptions of any products, services or Benefits on the Website have

been approved by the relevant Supplier. Quintessentially shall not be liable for inaccurate or

misleading descriptions.

  • 6.4 Payment for all products and services shall be due immediately upon

acceptance of the order by the relevant Supplier.

  • 6.5 The Member further acknowledges that for goods purchased on his or her

behalf by Quintessentially directly from a Supplier, returns and exchanges will be subject to the

terms and conditions of that Supplier and returns or exchange of goods purchased may not

always be permitted. In circumstances where Quintessentially is asked to source a specific item

for a Member, Quintessentially shall inform the Member of the refund and exchange policy of

that Supplier in advance. Quintessentially shall not be liable to the Member where a Supplier

does not accept the return or exchange of an item.

  • 6.6 It shall be the Member's sole responsibility to retain all proof of return of

goods to a Supplier, we recommend returning the goods by registered delivery, or by any other

similar means of ascertaining the date of the return dispatch and tracking the return.

  • 6.7 We will inform you when we become aware that a refund of an order has been

processed by a Supplier.

  • 6.8 Where orders are delivered outside the EU, any applicable customs duties and

sales taxes shall not be refundable through Quintessentially. It shall be the Member's sole

responsibility to recover such monies. Quintessentially shall have no liability for any items held

by any customs or border agency.

  • 6.9 In the case of premium courier services, if the Member is not at the specified

Delivery address to receive their Order at the scheduled time, the Member may incur further

charges for subsequent attempts to re-deliver the goods.

7. SUPPLIERS

  • 7.1 Suppliers are responsible for providing you with the services, products and

Benefits you Request us to order on your behalf from time to time. Quintessentially shall

communicate with Suppliers on your behalf unless it is more appropriate for you to contact the

Supplier directly.

  • 7.2 Suppliers may impose their own terms and conditions which, in every case

apply to the supply of goods and/or services by that Supplier to you, and such terms and

conditions shall be binding upon you at the time of order.

  • 7.3 When ordering a product or service or accessing a Benefit, you may be

required to provide your Payment Card details. If you request and authorize Quintessentially to

use your Payment Card in order to pay a Supplier for products or services, you acknowledge and

agree that Quintessentially shall have no liability or be responsible in any way whatsoever in

respect of the use of your Payment Card provided that Quintessentially acts in accordance with

the instructions issued by you in relation thereof.

  • 7.4 You acknowledge that the Benefits are subject to availability and may change

from time to time without notice.

  • 7.5 If Quintessentially's performance of any of its obligations under these

Conditions is prevented or delayed by any act or omission by the Member or failure by the

Member to perform any relevant obligation (Member Default):

- (a) Quintessentially shall without limiting its other rights or remedies have the

right to suspend performance of the Services until the Member remedies the Member Default,

and to rely on the Member Default to relieve it from the performance of any of its obligations to

the extent the Member Default prevents or delays Quintessentially's performance of any of its

obligations;

- (b) Quintessentially shall not be liable for any costs or losses sustained or incurred

by the Member arising directly or indirectly from Quintessentially's failure or delay to perform

any of its obligations as set out in this clause 7.5; and

- (c) the Member shall reimburse Quintessentially on written demand for any costs

or losses sustained or incurred by Quintessentially arising directly or indirectly from the Member

Default.

8. LIMITATION OF LIABILITY

  • 8.1 Nothing in these Conditions shall limit or exclude Quintessentially's liability

for:

- (a) death or personal injury caused by its negligence, or the negligence of its

employees, agents or subcontractors;

- (b) fraud or fraudulent misrepresentation; or

- (c) breach of the terms implied by section 2 of the Supply of Goods and Services

Act 1982 (title and quiet possession).

  • 8.2 Subject to clause 8.1:

- (a) Quintessentially shall not be liable to the Member, whether in contract, tort

(including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of

business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods;

or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or

indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or

expenses arising under or in connection with their Membership; and

- (b) Quintessentially's total liability to the Member in respect of all other losses

arising under or in connection with their Membership, whether in contract, tort (including

negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the

Member's annual Membership Fee.

  • 8.3 Your contract for the supply of products or services is made with the relevant

Supplier only. Quintessentially acts as an agent for the Supplier and, unless expressly provided

otherwise, all your rights and remedies are against the Supplier.

  • 8.4 You acknowledge that any contract entered into by you with any Supplier is

an independent contract. Quintessentially hereby disclaims any and all liability for any act or

omission of any Supplier or any loss incurred by you as a result of any act or omission of a

Supplier whether or not arranged through the Quintessentially.

  • 8.5 Quintessentially shall have no liability to you for any loss, damage, costs,

expenses or other claims for compensation arising from Requests or any instructions supplied by

you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival,

or any Member Default.

  • 8.6 Quintessentially shall not be liable to you or be deemed to be in breach of

these Conditions by reason of any delay in performing, or any failure to perform, any of

Quintessentially's obligations in relation to the Services, if the delay or failure was due to any

cause beyond Quintessentially's reasonable control.

  • 8.7 Except as expressly set out in these Conditions, all warranties, conditions and

other terms implied by statute or common law are, to the fullest extent permitted by law,

excluded from these Conditions.

  • 8.8 This clause 8 shall survive termination of these Conditions.

9. COMMENCEMENT AND TERMINATION

  • 9.1 These Conditions shall take effect and be binding upon the Member and

Quintessentially (UK) Limited upon acceptance by Quintessentially of your Membership

application. These Conditions shall be applicable for the duration of your Membership and shall

only cease to have effect upon the expiry or termination of your Membership. You agree that

your only rights and remedies under these Conditions shall be against Quintessentially (UK)

Limited and no other entity.

10. GENERAL

  • 10.1 Privacy and Data Protection

- The Services and your Membership are subject to the Quintessentially privacy

policy, incorporated into these Conditions by reference and set out at the following web

address: Privacy Policy which applies at all times in relation to any data that we collect from

you.

  • 10.2 Assignment and subcontracting:

- (a) Quintessentially may at any time assign, transfer, charge, subcontract or deal

in any other manner with all or any of its rights under these Conditions and may subcontract or

delegate in any manner any or all of its obligations under these Conditions to any third party or

agent.

- (b) The Member shall not, without the prior written consent of Quintessentially,

assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or

obligations under these Conditions.

  • 10.3 Waiver:

- (a) A waiver of any right under these Conditions is only effective if it is in writing

and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay

by a party in exercising any right or remedy under these Conditions or by law shall constitute a

waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single

or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or

any other right or remedy.

- (b) Unless specifically provided otherwise, rights arising under these Conditions

are cumulative and do not exclude rights provided by law.

  • 10.4 Severance:

- (a) If a court or any other competent authority finds that any provision of these

Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or partprovision shall, to the extent required, be deemed deleted, and the validity and enforceability of

the other provisions of these Conditions shall not be affected.

- (b) If any invalid, unenforceable or illegal provision of these Conditions would be

valid, enforceable and legal if some part of it were deleted, the provision shall apply with the

minimum modification necessary to make it legal, valid and enforceable.

  • 10.5 Variation: Quintessentially may vary these Conditions from time to time and

will notify you of any changes in a timely manner. Notification will be by some or all of the

following: Quintessentially Newsletter, the Website, by Email or by phone. Your continued use

of your Membership constitutes acceptance of such variations to these Conditions.

  • 10.6 No partnership: Nothing in these Conditions is intended to, or shall be

deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor

constitute any party the agent of another party for any purpose. No party shall have authority to

act as agent for, or to bind, the other party in any way.

  • 10.7 Third parties: A person who is not a party to these Conditions shall not have

any rights under or in connection with it.

  • 10.8 Governing law and jurisdiction: These Conditions, and any dispute or claim

arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims), shall be governed by, and construed in accordance with, English

law, and the parties irrevocably submit to mandatory and binding arbitration in Los Angeles,

California following the JAMS rules of international arbitration. Parties bear their own costs for

arbitration, and the party bringing a claim will cover the administrative costs and fees due to the

arbiter.

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