Terms Conditions Membership
P.S. London Experiences Ltd.
Table of Contents
1. Who we are?
1.1. We are P.S. London Experiences Ltd, a company registered in England and Wales with company number 14523943 and registered address at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF.
1.2. You can find more information about us at https://www.ps-london.com/ (“Website”).
1.3. You can contact us at: info@ps-london.com and +44 (0) 7585 586 538.
2. Our Services and Monthly Fees
2.1 We provide experience and lifestyle curation services in London and surrounding areas (“Services”).
2.2. We supply our Services through the membership plans detailed at our Website (“Membership”).
2.3. At our Website you can also select a Membership and order the Services under the selected Membership.
2.4. The Memberships are subject to the payment of the monthly membership fees set out at our Website (if you select the Bronze Membership or the Gold Membership) or agreed with us (if you select the Platinum Membership) (“Monthly Fees”).
2.5. The Monthly Fees are exclusive of VAT, which, if applicable, will be added to the invoices for the Monthly Fees.
2.6. We reserve the right to increase the Monthly Fees to reflect changes in the CPIH.
3. Our contract with you
3.1. Bronze and Gold: When you select the Bronze package or the Gold Membership, you will be required to create an account with us and pay the One-Off or Monthly Fees for the first month of the selected Membership. Upon this payment, a contract will be formed between we and you for the supply of the Services included in the Membership/package you selected in accordance with these Terms and Conditions.
3.2 . Silver & Platinum: When you select the Silver package or the Platinum Membership, you will be required to create an account with us and pay the One-Off or Monthly Fees for the first month of the selected Membership. Upon this payment, a contract will be formed between we and you for the supply of the Services included in the Membership/package you selected in accordance with these Terms and Conditions.
3.3. Platinum Bespoke: When you select the Platinum Membership by filling a form in at our Website, sending us an email or calling us, we will contact you to discuss your requests and needs. Then we will send our offer for the Platinum Membership (“Platinum Offer”). The Platinum Bespoke Offer will set out the Services included in your Platinum Membership and the Monthly Fees that apply to them. When you agree to the Platinum Offer and pay the Monthly Fees for the first month of your Platinum Membership, a contract will be formed between we and you for the supply of the Services included in the Platinum Offer in accordance with these Terms and Conditions and the Platinum Offer.
3.4. Our Website Terms and Conditions and our Privacy Policy apply in addition to these Terms and Conditions and are incorporated to these Terms and Conditions by reference.
4. Silver & Platinum Bookings
4.1. The Silver & Platinum Offers may include that we will make bookings on your behalf at places and events of your choice (“Bookings”). If it does, whenever you want us to make a Booking, you shall send us an email or electronic message via Whatsapp providing details of such Booking.
4.2. When we receive your request for a Booking, we will inform you about:
4.2.1. the availability of the Booking;
4.2.2. the price of the tickets any other applicable charges and when they shall be paid;
4.2.3. any applicable cancellation and/or rescheduling fees;
4.2.4. any other applicable terms and conditions (if available); and
4.2.5. further details about the place and/or event that we find relevant.
4.3. When you confirm that you agree to the Booking pursuant to the information we provided, we will make the Booking.
4.4. You acknowledge and agree that the Bookings will be subject to the terms and conditions and the cancellation and rescheduling policies of the place or event to which the Booking relates. You shall comply with such terms and conditions.
4.5. If you decide to cancel or modify a Booking or if you don’t show up, you shall be liable for any applicable cancellation and/or rescheduling fees and any costs we may incur in connection with this cancellation or rescheduli
4.6. You authorise us to automatically charge on the credit or debit card you use(d) to pay for the package and/or Monthly Fees:
4.6.1. any charges (including the price of the tickets) that apply to the Booking;
4.6.2. any cancellation and/or rescheduling fees charged by the place or the host of the event to which the Booking relates; and
4.6.3. any costs we reasonably incur in connection with the cancellation or rescheduling of a Booking.
5. Payment Terms
5.1. The Services are subject to the payment of the package and Monthly Fees. Therefore, the package and monthly Fees shall be paid in advance.
5.2. The Bookings are subject to the payment of any charges (including the price of the tickets) that apply to the Booking. Therefore, these amounts must be paid in accordance with clause 4.6 before we make the Bookings.
5.3. The Monthly Fees and any amount you owe to us in accordance with these Terms and Conditions shall be paid via our payment service provider Stripe. Therefore, Stripe’s terms and conditions available at https://stripe.com/ will also apply to our contract with you.
5.4. You shall promptly inform us and Stripe if your card details change and you shall be liable for any losses we suffer and costs we incur as a result of your failure to keep your card details up to date.
5.5. Bronze, Silver, Gold and Platinum: when you select your Membership, you will be automatically linked to the corresponding Stripe payment page.
5.6. Platinum Bespoke: the link to the corresponding Stripe payment page will be included in the Platinum Offer.
6. Interest on Late Payment
6.1. If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time.
6.2. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
7. Duration and Cancellation
7.1. Unless terminated in accordance with these Terms and Conditions, your Membership will automatically renew every month. Your renewal date will be date when the Membership started in accordance with clause 3 (“Renewal Date”).
7.2. If your Membership includes a free trial, unless you cancel it on or before the expiry of the free trial, your Membership will automatically continue after that. If you cancel your Membership on or before the expiry of the free trial we will refund you any Monthly Fees paid before such expiry.
7.3. You can cancel your Membership at any time before your Renewal Date by emailing us info@ps-london.com or via your account at Stripe. Cancellation will become effective on the next Renewal Date after your request, and we not obliged to refund any amount you paid before that Renewal Date.
7.4. You may cancel your Membership with immediate effects if we do not comply with our obligations under these Terms and Conditions and fail to remedy such breach within 30 days after you notify us to do so. Upon cancellation of your Membership in accordance with this clause 7.3, you shall be entitled to the refund of the Monthly Fees that would apply from termination to the next Renewal Date.
7.5. In addition and without prejudice to any other right or remedy we may have, we may cancel your Membership if you do not pay the Monthly Fees or any other amount due to us in accordance with these Terms and Conditions on time.
7.6. Unless otherwise agreed between we and you and except where the Bookings relate to the purchase of tickets to an event, any Booking due to take place after the cancellation of your Membership becomes effective shall be automatically cancelled upon cancellation of your Membership.
7.7. Cancellation of your Membership does not exclude or limit your liability for cancellation and/or rescheduling fees that may apply to a Booking made before the cancellation has become effective and any costs we may incur in connection with this cancellation or rescheduling.
8. Upgrades and Downgrades
8.1. You may upgrade your Membership at any time by emailing us info@ps-london.com.
8.2. We will process your request and your new Membership will become effective when we confirm that we have processed your request. The Monthly Fees for the new Membership will apply from the date when it becomes effective and we will inform you any difference due as a result of the upgrade to the new Membership.
8.3. If you want to downgrade your Membership, you shall cancel the existing Membership in accordance with clause 6 and select a new Membership in accordance with clause 3.
9. Our rights to make changes
9.1. We can always change these Terms and Conditions, our Services and Memberships and suspend the Services:
9.1.1. to reflect changes in relevant laws and regulatory requirements; and
9.1.2. to make minor adjustments and improvements that do not materially affect your use of the Services.
9.2. Provided that we notify you before we make these changes and allow you to cancel your Membership with immediate effect in accordance with clause 7.4 , we can also make any other changes to these Terms and Conditions, our Services and Memberships as we think fit.
10. Limitation of Liability
10.1. The places, products, services, and experiences we recommend or refer to as part of the Services and/or the Bookings are provided exclusively by third parties.
10.2. We do not give any warranty or guarantee in relation to places, products, services, and experiences provided by third parties and we shall not be liable for any losses you suffer nor any costs you incur in connection with those places, products, services, and experiences.
10.3. If the supply of the Services is prevented or delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not be required to compensate you for the delay.
10.4. We provide the Services based on the information you provide us. We shall not be liable for any loss you suffer or cost you incur in connection with any inaccurate, incomplete or incorrect information you provided to us.
10.5. To the extent permitted by law, our liability and the liability of and any third party engaged by us in connection with the Services to you (in contract, in tort or otherwise) will be limited to the Monthly Fees paid in the 12 months before the occurrence of the event that gave rise to the liability.
10.6. To the extent permitted by law, neither we nor and any third party engaged by us in connection with the Services will be liable for:
10.6.1. any indirect, punitive, special or consequential damages or losses;
10.6.2. loss of profits or anticipated savings;
10.6.3. business interruption;
10.6.4. loss or corruption of data;
10.6.5. loss of income; or
10.6.6. loss of opportunities.
11. Data Protection
11.1. Your personal data will be processed in accordance with the Data Protection Act 2018 and the (Retained EU Legislation) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “UK GDPR”) and our privacy policy available at https://www.ps-london.com/privacy-policy.
12. Confidentiality
12.1. Subject to clause 12.2, we shall not at any time disclose to any person any confidential information concerning you and/or your business.
12.2. We may disclose your confidential information:
12.2.1. to our employees, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of supplying the Services to you in accordance with these Terms and Conditions;
12.2.2. to third parties involved in the Bookings, to the extent required to the Booking;
12.2.3. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3. We will not use your confidential information for any purpose other than to perform our obligations under these Terms and Conditions.
13. General
13.1. Assignment and other dealings: you shall not at any time assign, charge, subcontract, or deal in any other manner with any or all of your rights and obligations under these Terms and Conditions without our consent. For the avoidance of doubt, we may subcontract any of our rights and obligations under these Terms and Conditions at our discretion.
13.2. Waiver: A waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
13.3. Severance: If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions. If any provision is deleted under this clause, we and you shall negotiate in good faith a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
13.4. Governing law: These Terms and Conditions and our contract with you and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
13.5. Jurisdiction. We and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, our contract or their subject matter or formation.