Terms and Conditions For Membership
The lifestyle management service is owned and operated by PhytoLuxury (“ PhytoLuxury” ,“ we” , “ us” , “ our” ).
PhytoLuxury provides lifestyle management services (the " Service" or "Services" ) to eligible individuals both through primary membership and on behalf of its client’ s (the “ Client” ), collectively and individually known as “ Members” or “ you” .
The Service is provided primarily through personalized advice and bookings received via phone, app, email or messaging services and procuring goods and services provided by third party suppliers (“ Suppliers” ).
“ Affiliate” means a supplier which we, acting as your agent and not as a principal, have introduced to you or engaged for you to carry out services at your request and whose ability has been approved by us and who at the date we introduce them to you have the necessary statutory qualifications (if applicable) and insurance to carry out the Services.
“ Contract” means the treaty for the provision of services which shall be governed by these Terms and Conditions.
“ Payment Card” means credit/debit or charge card of which we hold the details. "Membership" means any membership within PhytoLuxury whether it be for tickets, concierge, film club, news, corporate, or PR services. The following terms and conditions (the “ Terms” ) govern your use of our website(s) (the “ Site” ) and our provision of Services to Members.
1. Our Contract
1.1. Please read these Terms carefully before using the Site or Service. For the purposes of these Terms:
a) Individuals eligible to receive the Service as per instruction from the Client are known as the “ Members” ;
b) all Members must be at least 18 years of age and possess the legal authority to enter into this agreement;
c) Members may not authorise or allow anyone else to use the Service, including on the Member’ s behalf unless agreed in writing;
d) all information provided by Members to us, the Client or the Suppliers should be true and accurate;
e) when visiting or using the Site or the Service and/or any content or materials available from us, you agree to be bound by these Terms which shall form a legally binding agreement between you and us.
f) you have also read, understood and accepted the Privacy Statement; and g) we reserve the right to update or change these Terms from time to time at our discretion, and your continued use of the Site or the Service will be subject to the then current version of these Terms. We recommend that you read the current version of these Terms each time before you use the Service.
2. Membership Rules
2.1.Details provided to PhytoLuxury when applying for membership must be both accurate and true, this is an ongoing obligation, and we must be notified of any changes to details as soon as reasonably possible. Incorrect or fraudulent information provided by you to us may invalidate your membership and/or lead to legal proceedings.
2.2. Benefits and services are only available to members who have no outstanding Fees and whose credit, if provided by PhytoLuxury, is within the limit agreed in writing with PhytoLuxury.
2.3. Services provided by us to our members are confidential. Provision of these services are on the agreement that members requests and the solutions offered are not publicised to non-members.
2.4. All details you provide to us relating to purchasing or booking goods and/or services are both accurate and true and the payment card you are using is your own and has sufficient funds to cover the cost of the goods and/or services.
2.5. You agree not to impersonate any other person or entity or to use a false name.
2.6. You need to be vegan to use the Service. If you are not, your membership will be terminated and no refund or exchange will be offered.
3. Membership fees and payments
3.1. Membership is automatically renewed unless terminated by the member. (See 4. Termination)
3.2. Current membership fees are shown on the web page by clicking the Join button.
3.3. Membership fees are paid monthly in advance by direct debit or payment card. You authorize PhytoLuxury to deduct membership fees by direct debit or payment card.
3.4. On request we can provide an invoice for membership, the first payment of which shall deem the membership active for the time period set out in the invoice.
3.5. We do not store credit card details, nor do we share financial details with any 3rd parties unless expressly with your permission.
3.6. If your account falls into arrears for 2 weeks, then it may be put into a 'suspended' state. During this time, you will continue to receive members' newsletters, but we will be unable to fulfill any requests you have or access the app. You will still be charged for your membership fees while your account is in a suspended state.
3.7. If your monthly membership payment fails, then you will automatically be notified by the system and our accounts team will email you shortly afterwards.
3.8. Where a service requires a deposit to be paid you hereby authorize us to debit your Payment Card for the amount of any deposit paid by us on your behalf. This may be forfeited, subject to the terms and conditions of the service, as a result of cancellation.
3.9. 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 PhytoLuxury to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that We shall have no liability in respect of or be responsible in any way whatsoever in respect of the use of your Payment Card provided that We act in accordance with the instructions issued by you. Occasionally, certain goods and/or services may incur a pre agreed handling fee, you hereby authorize PhytoLuxury to debit your Payment Card to cover these. You will always be notified of these fees prior.
3.10. In the event that you ask PhytoLuxury to make a purchase on your behalf you hereby authorize PhytoLuxury to deduct the amount plus any applicable credit card charges. If payment of any sum due under this agreement is not received by any due date specified for that sum, PhytoLuxury shall be entitled to charge interest on the outstanding amount at the rate of a certain rate above the base lending rate accruing daily.
4. Termination of Membership
4.1. You can cancel your membership by login to your account on the website. You can also contact the membership team.
4.3. Any outstanding payments owed to PhytoLuxury will be taken from your registered credit card upon termination of your membership.
4.4. There is no refund available for membership fees for periods during your registered membership.
4.5. If you have terminated your membership and wish to re-activate it you may do so by either emailing the membership team or your lifestyle manager or through reregistering on the website. One re-activated membership will be deemed as a new membership.
5. Responsibilities of the Parties
5.1. This section sets out how each of the parties are responsible in relation to any Services purchased by a Member from a Supplier through the Service. It also sets out any limitations on the parties’ responsibilities and liabilities and each limitation shall apply to the extent allowed under applicable laws. Nothing in these Terms will affect any Member’ s statutory rights and any rights and remedies set out in these Terms are in addition to any other rights and remedies available under applicable law.
5.2. Member Responsibilities: Members are responsible for:
a) examining and verifying that all information provided in connection with the Service or buying any Services is accurate. The Member will be solely responsible for any incorrect information it provides and any problems or costs that result from the incorrect information;
b) paying all charges, fees, duties, taxes and assessments that arise out of the Member’ s use of the Service or any Services that it buys;
c) ensuring that they (and any other individuals receiving the benefit of the Services) agree to all of the policies, fees, requirements and terms that will apply to the Services and any booking they have with the Supplier; and
d) ensuring that they (and any other individuals receiving the benefit of the Services) comply with these Terms and any other requirements set out in the Supplier’ s terms (including, if applicable, the Travel Terms).
e) In some circumstances, a Member may be offered a refund in relation to any issues with Services offered by a Supplier. The Member should be aware that they may waive any other rights or remedies they may have if they accept this refund.
f) Members should notify us of any complaint or claim they have in relation to the Services or any use of the Service as soon as possible and ideally within 30 days of the end of their booking.
g) If the Member does not notify us of the claim within this period and where allowed under applicable law, all parties will be released from further liability.
h) Usually, if a Member has any issues in relation to any Services purchased through the Service, a Member should immediately contact us, and we will try to assist the Member with their claim against the Supplier.
5.3. PhytoLuxury Responsibilities:
a) We are responsible to Members for making the applicable arrangements for services being booked by a Member through a Supplier. Once the booking has been completed, we are not responsible for the performance of any contract Members have with Suppliers.
b) We are not responsible for any personal injury or property damage arising out of or caused by any negligent act or omission on the part of any Supplier, air carrier, hotel operator, ground transportation contractor, optional tour operator or any person providing any Services being offered through the Service (please see “ Supplier Responsibilities” below).
c) We are also not responsible for: • any changes made by a Supplier, or other provider such as an air carriers which are beyond our control (this includes, for example in relation to flights, routing changes, aircraft equipment changes, flight cancellations or any changes to flight schedule); or (ii) damage, delay or vacations affected by weather or other events beyond our control. • We, or any Suppliers, may need to vary or substitute the Services for bookings that are substantially similar if necessary due to circumstances beyond its control. We or the Supplier will try to notify Members if a variation is required. • We will pass on any special requests from Members such as room location, special meals or assistance to the appropriate party, but we cannot guarantee that these will be available or provided. Special offers may be withdrawn at any time before the booking is completed and full payment has been received and price rates are based on availability. • We are not responsible for any injury, death, loss, claim, damage, act of god, accident, delay, or any incidental or consequential damages of any kind, whether based in contract, tort (including negligence) or otherwise, which arise out of or are in any way connected with any purchase or use of the Services from a Supplier, except where such loss results from our act, omission or error. For example, we are not responsible for any damage and/or delay due to any cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism, defect in any vehicle, acts of God, war, riots, or by any company or person involved in conveying the passenger or in carrying out travel arrangements or causes beyond our control. • We also cannot be responsible for any additional expense, omissions, delays, re-routing or acts of any governmental authority or any other costs incurred by a Member or other individual as a result of use of the Services.
d) As stated above, we provide arrangement services to the Members to allow them to enter into contracts with Suppliers, Members are responsible for ensuring that the Services are suitable for them and that the Suppliers are able to provide the Services, we do not provide any guarantees in relation to the Suppliers or the Services.
e) To the extent allowed under applicable law, we are not responsible for a Supplier’ s breach of any warranty including, for example, any warranties implied by law in relation to a Service being of satisfactory quality or fit for a particular purpose, nor are we responsible for any other wrongdoing of a Supplier including, for example, their failure to comply with these Terms or applicable laws (to the extent they apply to them).
f) We do not guarantee that the Site, or the Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or the Service for business and operational reasons
g) If we are found liable for any loss or damage relating to a Member’ s use of the (or in connection with any Services purchased through the Service), our liability shall in no event exceed the amount paid by the Member for the relevant part of the Service booked through the Service.
5.4. Supplier (including Travel Suppliers) Responsibilities:
a) Suppliers are responsible for providing the Services to Members under and subject to the terms of the contract they have with the Member.
b) Suppliers shall not be liable to Members (or other individuals receiving the benefit of the Services) for any loss, injury, accident, delay or irregularity which is beyond their reasonable control (including, for example, any damage and/or delay due to any cancellations, shortages, sickness, pilferage, labour disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism, defect in any vehicle, acts of God, war, riots, or by any company or person involved in conveying the passenger or in carrying out travel arrangements, or other causes beyond their control).
We and the Suppliers may need to make minor adjustments in the Member’ s or other individuals’ booking and to cancel any booking prior to its start or departure. If a booking is cancelled by us, we will offer a full refund, which shall be considered a full settlement of any and all liability we or the Supplier may have to the Member and any other individuals due to benefit from the Services. Any vouchers or tickets provided to Members shall be provided under these Terms and on the basis that the Member consents to these Terms. In addition, we are not responsible for any credit or voucher issued by any Supplier, and any questions or issues Members may have with respect to such credit or voucher should be addressed directly with the Supplier. All rates published in any venue are based on exchange rates and tariffs and may change. All taxes, gratuities and porterage charges may be subject to deletions, additions or changes without notice to the Member. These changes are not within our control and therefore we cannot always anticipate these changes or notify Members that the change has occurred. We and the Suppliers are also not responsible for any changes initiated by the Member or other passenger after departure.
6.1. Membership entitles you to all benefits listed on our website. These are constantly being negotiated and new benefits added. In addition, We shall endeavor to provide any lawful, proper, and moral service related to advice and to book vegan dining, vegan food experiences as well as to bring to light new and exciting vegan food products.
6.2. Should we be unable to deal with any request, we will inform you as soon as reasonably possible.
6.3. Your service is available during the times set out in your membership and shown on our website. Inquiries outside of these hours are chargeable at the rate of a certain per hour or part of an hour. If assigned a personal lifestyle manager, though all endeavors will be made for this manager to be available for you at these times, there will be occasions when this may not be possible.
6.4. The Service we provide by phone, messaging, app and email includes:
a) the ability to place a new request with The Service;
b) the ability to book services and order goods with Suppliers (“ Services” ); and
c) the ability to request to be updated on specific information.
6.5. If you use the phone number provided to you or published on a Site to call and speak to one of our representatives (“ Lifestyle Consultant” ), please note that telephone calls to us will be monitored for training and quality purposes.
6.6. We reserve the right at any time to modify the The Service we provide to you and to add or remove content or stop providing the The Service for any reason.
6.7. Where a service requires a deposit to be paid you hereby authorize us to debit your Payment Card for the amount of any deposit paid by us on your behalf. This may be forfeited, subject to the terms and conditions of the service, as a result of cancellation. A very small number of exclusive venues and services may require a surcharge to secure a booking or service. Any payment will be advised and confirmed with you prior to booking.
6.8. 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 PhytoLuxury to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that PhytoLuxury shall have no liability in respect of or be responsible in any way whatsoever in the use of your Payment Card provided that we act in accordance with the instructions issued by you.
6.9. In the event we are requested to make a purchase on your behalf you authorize PhytoLuxury to deduct the amount plus any applicable credit card charges. If payment of any sum due under this agreement is not received by any due date specified for that sum, we shall be entitled to charge interest on the outstanding amount at the rate of certain rate above the base lending rate accruing daily. Occasionally, certain goods and/or services may incur a pre agreed handling fee, you hereby authorize PhytoLuxury to debit your Payment Card to cover these. You will always be notified of these fees prior.
6.10. When purchasing tickets, in some cases, PhytoLuxury may have to pay service charges resulting in above face value prices. These will be agreed with the member before any transaction takes place. All sales are final, no refunds or cancellations are issued after you have purchased your tickets.
6.11. Where action has commenced following your instruction, it is at the discretion of the relevant affiliate as to whether this action may be cancelled.
6.12. Unless otherwise stated in writing by us and with the exception of some travel bookings (see section x and Appendix x of these Terms), when you make a request for goods or services from a Supplier through the Service you will enter into a contract directly with the Supplier for the provision of the goods or services and you will be bound by the Supplier’ s terms and conditions (including but not limited to their cancellation and/or return terms). In these circumstances, it is very important for you to review any applicable terms and conditions before you complete the transaction.
6.13. Where there are specific terms and conditions between us and you for types of Services provided by email, app, messaging or phone, these are outlined below.
11. Fair Usage Policy
11.1. You must make sure that any use of the Service complies with these Terms.
11.2. If you breach this Policy, we may:
(a) give you a notice to stop or moderate the unacceptable use(s); or
(b) terminate or suspend your Service, with or without notice as we consider appropriate, under the Terms.
11.3. There is no specified limit on the usage of our Service. However, if we feel that your activities are so excessive that other members are detrimentally affected, we may give you a written notice (by email or otherwise) or limit the number of requests you can submit in a given time period. In extreme circumstances, if the levels of activity do not promptly decrease after the warning, we may terminate or suspend your account after prior consultation with the Client.
11.4. You are responsible for all use of the Service through your account and for any breach of these Terms whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission.
12 Prohibited Uses
12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service for:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service.
We reserve the right to terminate your use of the Service or any related services for violating any of the prohibited uses.
13.1. Please contact us immediately should you be dissatisfied with any aspect of the Service you receive, and we will use reasonable endeavors to look into the issue within two working days of receipt of your notification and to respond to you as soon as reasonably practicable.
13.2. Neither PhytoLuxury or any Client represented by PhytoLuxury will not be responsible for the failure of any Supplier to provide any Services or the negligence of the Supplier providing them. However, we will endeavor to assist you in the resolution of any such issue.
14. Changes to this policy
14.1. We reserve the right to update this policy when required without notice unless required to do so by law.
15.1. You agree to indemnify, defend and hold PhytoLuxury, its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable professional legal advisors' fees and expenses, related to your violation of these Terms.
16.1. The terms and conditions of this Agreement are absolutely confidential between the parties and shall not be disclosed to any other party, except when necessary to effectuate its terms. Any disclosure in violation of this section shall be deemed a material breach of this Agreement.
16.2. It is understood and agreed that the parties to this Agreement will provide each other with information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows, with fully financial penalty of funds paid of any breach of the following:
a) The confidential information to be disclosed under this Agreement (Confidential Information) is defined as: documentation issued from PhytoLuxury to the Client and/or beneficiaries such as invoices, sales orders, contracts, and terms and conditions, including this document, regardless of whether such information is designated as Confidential Information at the time of its disclosure.
b) The parties shall use the Confidential Information only for performing service under this Agreement.
c) The parties shall limit disclosure of Confidential Information, whether verbal or written, within its own organisation to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party, whether an individual, corporation, or other entity, without prior written consent of the Disclosing Party. The parties shall satisfy their obligations under this paragraph if they take affirmative measures to ensure compliance with these confidentiality obligations by their employees, agents, consultants and others who are permitted access to or use of the Confidential Information.
16.3. The existence, nature, terms and conditions of this Agreement are strictly confidential and shall not be disclosed by the Client in any manner or form, directly or indirectly, to any person or entity under any circumstances. Further, the Client shall not discuss, comment upon, disparage, or disclose any information, in any manner or form, directly or indirectly, online or otherwise, to any person or entity, about:
a) PhytoLuxury; including its officers, directors, shareholders, agents, employees, or other representatives;
b) Any aspect of PhytoLuxury’ s business or operations; and/or c) Any aspect of the Client’ s dealings with PhytoLuxury.
16.4. The Client shall not assist, or cooperate with, any other person or entity in committing any act, which if committed by the Client, would constitute a violation of this section. PhytoLuxury shall deem any violation of this section a material breach of this Agreement, punishable by way of immediate, undisputed £30,000 fine.
16.5. The parties and their lawyers shall keep the specific terms, conditions, and covenants of this Agreement confidential except:
a) Where mutually agreed to in writing;
b) Where necessary to share such information with the parties’ accountants or attorneys; or
c) Where a court of competent jurisdiction orders disclosure.
16.6. The parties and their attorneys shall not communicate with anyone associated with any media or publication entities concerning the terms of this Agreement or allow any information to be released into any publicly available medium in which the press can obtain information. This confidentiality provision is a material term of this Agreement, and its violation shall constitute a material and very serious breach of this Agreement.
21. Governing Law and Jurisdiction
21.1. We grant you access to our Site and our Service conditional upon your acceptance that the laws of England and Wales apply between us in relation to these Terms.
21.2. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
21.3. Each party irrevocably agrees 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 or its subject matter or formation.
22. Additional policies
22.1. The policies below are also part of this agreement: