Terms and Conditions
In-style Organizing ("In-style", “us” or “we”) Terms and Conditions of Membership ("Terms") These Terms apply to all services ordered from or provided to you (“You”, the “Member”) by In-style through Club and by requesting services from In-style you agree that these Terms shall apply to those services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms, the following definitions apply:
means the benefits made available to Members by Suppliers
means these Terms and Conditions as amended from time to time in accordance with clause 10.5
means a person registered as a member of the Membership Club
means membership of the Membership Club
means the In-style Membership Club owned by In-style.
Name of membership club.
means the fees payable in respect of Membership notified to Members upon application for and prior to renewal of Membership
has the meaning given in Clause 3.7
means a request placed by a Member with In-style for In-style to arrange the supply of goods and/or services from a third party on the Member's behalf.
means the concierge and lifestyle management services provided by In-style to its Members as part of their Membership.
means a supplier engaged by In-style on behalf of and as agent for a Member to provide goods and/or services to that Member.
1.2 In these Terms, 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.
(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
2.1 All Membership applications are subject to acceptance by In-style at its sole discretion. In-style shall notify applicants in the event that their Membership application has been accepted. In-style 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 In-style promptly in the event that any information provided by you in connection with your Membership changes.
2.3 In-style will issue you a confirmation of Membership together with associated Membership documentation as soon as possible following receipt of your Membership Fee.
2.4 Your Membership is personal to you. You are responsible for ensuring that no one (other than your concierge on your behalf, where applicable) uses your Membership.
2.5 Access to and use of your personalized Membership section of the Website is through a combination of username and password. You are solely responsible for maintaining the confidentiality of your username and password and you agree to notify In-style immediately if you believe that there has been any breach of security, including the unauthorized use of your name and password.
3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
3.1 The Membership 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 of their Renewal Dates.
3.2 You acknowledge that your payment of the Membership Fee constitutes your express request for us to begin to supply you with the Services.
3.3 Subject to Clauses 3.5, 3.6 and 3.12, Membership Fees are non-refundable.
3.4 You have the right to cancel your Membership until the end of 14 days after the day on which we accept your Membership application ("Cancellation Period") and we would ask that you inform us of your decision in writing.
3.5 If you cancel your Membership within the Cancellation Period, you will be reimbursed for your Membership Fee, less deductions for the Services we have performed up until you informed us of your decision to cancel.
3.6 In-style reserves the absolute right to cancel or suspend your Membership where it has reason to do so. If In-style cancels your Membership, where it is reasonable to do so, In-style shall refund the balance of the current monthly Membership Fee on a pro rata basis in respect of the unexpired period to which the monthly Membership Fee relates.
3.7 Membership Fees are due on acceptance of your Membership application and monthly thereafter (the "Renewal Date"), and full payment will be taken by In-style monthly 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 In-style to deduct and collect renewal Membership Fees on or before 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 14 days prior to your Renewal Date.
3.10 If you do not notify us in accordance with Clause 3.9, In-style reserves the right to recharge the then current Membership Fee in order to renew the Membership.
3.11 In-style reserves the right to refuse to provide the Services should any payment due under these Terms 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 In-style 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 In-style's request for you to upgrade your Membership then In-style 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 In-style 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 In-style to deduct the credit sum from your Payment Card immediately.
4. SUPPLY OF SERVICES
4.1 In-style shall supply the Services to the Member during the Membership in accordance with the Member's particular Requests, provided that In-style 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 In-style shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for the performance of any Services.
4.3 In-style 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 In-style shall notify the Member in any such event.
4.4 Services will be provided in English.
4.5 You acknowledge that In-style reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
4.6 Telephone calls to In-style may be monitored or recorded for training and quality control purposes.
4.7 In-style 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.
4.8 Restaurants and clubs:
(a) When you use the restaurant booking service you hereby authorise 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) In-style reserves the right to deny restaurant requests from Members if Members repeatedly fail to honour their bookings or continuously violate cancellation policies.
(d) Admission of Members to any club premises is at all times at the sole discretion of the club Supplier and In-style shall have no liability where a Member is refused admission to a club.
(a) In-style 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 In-style 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 In-style in respect of our provision of services to obtain the seats for you. In-style 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. In-style 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) In-style or its ticket agent partner will despatch your tickets through delivery agents at standard rates. Please note that In-style 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 includes text messages), e-mail or through the Members' section of the Website.
5.2 In-style, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
5.3 If In-style is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.
5.4 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.
5.5 From time to time the procurement or provision of certain services, products or benefits may incur an In-style services fee or handling charge (of which you will be notified in advance, and which may vary between based on the additional services, products or benefits requested) and in such event, you hereby authorize In-style 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 In-style 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, In-style 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. In-style 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 their behalf by In-style 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 In-style is asked to source a specific item for a Member, In-style shall inform the Member of the refund and exchange policy of that Supplier in advance. In-style 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 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.
7.1 Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. In-style 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 In-style to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that In-style shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that In-style 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 In-style's performance of any of its obligations under these Terms is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (a “Member Default”):
(a) In-style shall without limiting its other rights or remedies have the right to suspend the 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 In-style's performance of any of its obligations;
(b) In-style shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from In-style's failure or delay to perform any of its obligations as set out in this clause 7.5; and
(c) the Member shall reimburse In-style on written demand for any costs or losses sustained or incurred by In-style arising directly or indirectly from the Member Default.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, In-style 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
Should the above section 8.1(a) be deemed unenforceable for any reason by a court of competent jurisdiction, In-style'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 Membership Fee.
8.2 Your contract for the supply of products or services is made with the relevant Supplier only. In-style acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
8.3 You acknowledge that any contract entered into by you with any Supplier is an independent contract. In-style 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 In-style.
8.4 In-style 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.
8.5 In-style shall not be liable to you or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of In-style's obligations in relation to the Services, if the delay or failure was due to any cause beyond In-style's reasonable control.
8.6 Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
8.7 This clause 8 shall survive termination of these Terms.
9. COMMENCEMENT AND TERMINATION
9.1 These Terms shall take effect and be binding upon the Member and In-style upon acceptance by In-style of your Membership application. These Terms shall be applicable for the duration of your Membership and shall only cease to have effect upon the expiry or termination of your Membership.
10.1 Privacy and Data Protection
10.2 Assignment and subcontracting:
(a) In-style may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.
(b) The Member shall not, without the prior written consent of In-style, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms.
A waiver of any right under these Terms 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 Terms 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.
Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
If a court or any other competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
If any invalid, unenforceable or illegal provision of these Terms 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: In-style reserves the right to vary these Terms from time to time. Your continued use of your Membership constitutes acceptance of such variations to these Terms.
10.6 No partnership: Nothing in these Terms is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between you and In-style, nor constitute any party the agent of another party for any purpose. No party shall have the authority to act as an agent for, or to bind, the other party in any way.
10.7 Third parties: A person who is not a party to these Terms shall not have any rights under or in connection with it.
10.8 Governing law and jurisdiction: These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of Manitoba, Canada and the parties irrevocably submit to the exclusive jurisdiction of the courts of Manitoba and the courts in Manitoba and any appeal courts therefrom for the resolution of such disputes.