CURADOR TERMS AND CONDITIONS OF MEMBERSHIP
The Member should read these terms and conditions carefully as they provide the legal framework against which the Company agrees to provide Services to the Member (as defined below) and to which the member agrees to be bound.
1. Definitions and Interpretation
1.1 In these terms and conditions (the “Terms and Conditions”) the following words and phrases shall have the following respective meanings unless the context requires otherwise:
1.1.1 “Agreed User” means a specified individual within a Member’s family or personal staff as named on the Membership Application Form by the Member (or as subsequently notified by the Member to the Company in writing) as having such Member’s express authority to instruct the Company to provide Services on the Member’s behalf;
1.1.2 “Company” means Curador Limited, a company registered and incorporated under the laws of England & Wales (company number 9590056) the address of whose registered office is 37 Warren Street, London W1T 6AD;
1.1.3 “Goods” means any goods purchased by or supplied to the Company on behalf of a Member and subsequently provided to the Member under the Terms and Conditions which goods shall be deemed to have been purchased by the Company as agent for the Member;
1.1.4 “Member” means the person, corporate entity or Overseas Member named on the Membership Application Form where the Company has communicated acceptance of an application to the Member;
1.1.5 “Membership Application Form” means the application form completed by an applicant or Overseas Member in applying for membership;
1.1.6 “Services” means any services provided by the Company to the Member or sourced by the Company from a Supplier for the Member and subsequently provided to a Member under the Terms and Conditions including the purchase of Goods on behalf of the Member; and
1.1.7 “Supplier” means any third party supplier with whom the Company liaises in sourcing the Services while acting as agent on behalf of the Member.
1.2 In these Terms and Conditions:
1.2.1 words denoting the singular shall include the plural and vice versa;
1.2.2 any reference to a statutory provision shall include any amendment, replacement or re‐enactment thereof; and
1.2.3 the headings of clauses are intended for convenience only and shall not affect the interpretation of the Terms and Conditions.
2.1 On receipt of a completed Membership Application Form, the Company will decide whether the application has been successful. The Company has an absolute discretion to accept or reject any application for membership and is not obliged to act reasonably in doing so. The Company will notify a Member in the event that an application is successful. Where an application is not successful, the Company is under no obligation to disclose its reasons for rejecting an application.
2.2 Acceptance by the Company of an application for membership constitutes a binding contractual agreement between the Company and the Member upon these Terms and Conditions commencing from the Effective Date.
2.3 Membership is personal to the Member and cannot be transferred to any third party. The Company may transfer its rights and obligations under these Terms and Conditions at any time, subject to giving Members 7 days’ prior written notice of such intention to transfer.
4. Service Fees
4.1 With the exception of English bank holidays, the Company’s normal business hours are 9.00am to 8.00pm Monday to Friday (“Normal Business Hours”). The Company may be available to provide Services to Members outside these hours. Normal Business Hours may be lengthened or shortened in the absolute discretion of the Company upon reasonable prior notice being given to Members.
5.1 The Company will provide the Services to the Member on condition that all requests are for lawful and moral personal services in respect of the personal needs.
5.2 The Company is entitled to act on instructions received from an Agreed User as if they were instructions received directly from the Member.
5.3 The terms and conditions governing the provision of certain services, for example, party or event organisation, property searching or sourcing of staff members for Members, may be supplemented by additional agreements and fees the details of which will be sent to Members upon requesting such services. The provision of such services will not commence until the Company receives such agreement duly signed by the Member.
5.4 Acting reasonably at all times, the Company reserves the right to:
5.4.1 refuse to provide any Service requested; and/or
5.4.2 withdraw the continuation of any Service; provided that the Company informs the Member of any refusal or withdrawal as soon as reasonably practicable.
5.5 Except where Services are to be provided by the Company, the Company will liaise with Suppliers in procuring the Services to be provided to the Members. The Company will communicate with Suppliers on a Member’s behalf unless it considers that it is more appropriate in the circumstances for the Member to contact the Supplier directly, in which case it will advise the Member accordingly.
5.6 Suppliers may impose their own terms and conditions in providing the Services and Members are required to comply with such terms and conditions. Unless otherwise agreed by the Supplier, a Member shall not be entitled to cancel any Service requested where, on a Member’s instructions, performance has already begun.
5.7 Where the Company receives instructions from a Member to obtain tickets to a sold‐out event (“the Event”), the Company will liaise with Suppliers to source and purchase such tickets. Members acknowledge and agree that such tickets may be purchased at a premium to their face value.
5.8 Where tickets to an Event have been purchased pursuant to clause 5.7 and the Event is subsequently cancelled for any reason, Members acknowledge and agree that any reimbursement will be limited solely to the face value of such tickets.
5.9 Where a Member decides to cancel tickets arranged on the Member’s behalf by the Company, the Company will not arrange refunds of: (1) the price paid for the tickets and any booking fee; or (2) the cost of any ancillary expenses involved in purchasing the tickets.
5.10 Where the Company, as principal, supplies products that are made to a Member’s personal specification or are perishable in nature, such products will not be returnable by Members under any circumstances.
5.11 Where a Member requests the Company to purchase Goods on his behalf, the Member agrees that such Goods will be purchased by the Company as agent for the Member and accordingly any contract of purchase will be entered into between the Member and the relevant Supplier.
5.12 Where a Member requests the Company to make Supplier recommendations the Company shall provide independent and unbiased advice to the Member in relation to those Suppliers. The Company may receive commissions or referral fees from Suppliers as a result of a Member’s decision to use that Supplier and the Member agrees that the Company may retain such commissions and referral fees. The Company’s policy is to be transparent in relation to commissions and referral fees received and it shall therefore, on request from a Member, provide information in relation to the same. It is the Company’s policy that such fees do not result in a higher than market value price being paid by the Member. Where a Member requests that the Company purchases Goods on the Member’s behalf, the Member agrees that the Company may charge mark‐up fees, handling charges and any other reasonable fees incurred in the purchasing of such Goods to the Member (for example, when the Company has a trade account with a supplier or has sourced a ‘sold out’ item). Such fees will be notified to Members at the time the request is made to the Company.
7. Cancellation and Suspension of Membership
Cancellation by the Company
7.1 The Company reserves the absolute right to cancel the membership of any Member (in its sole discretion) with immediate effect in the following circumstances:
7.1.1 where a Member commits a serious or repeated breach of these Terms and Conditions and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;
7.1.2 if a Member provides the Company with details that the Member knows to be false when applying for membership and the false declaration would have reasonably affected the Company’s decision to grant membership.
If the Company terminates for any of the reasons in this clause, it reserves the right to retain a proportion of the money paid under these Terms and Conditions to cover any reasonable costs incurred, including legal expenses.
8.1 The Company warrants that it will, at all times, exercise reasonable care and skill in providing the Services and, as far as reasonably practicable, such provision will accord with the Member’s request and instructions.
8.2 Where the Company engages a Supplier to procure Services for a Member, it will use reasonable care and skill in selecting and engaging the Supplier. Save as provided in clause 8.1, the Company does not provide any recommendations or representations or offer any warranties as to the quality, fitness for a particular use or otherwise of the Goods or the standard of Services supplied.
8.3 Members should note that the successful sourcing of Suppliers is always subject to availability and may change from time to time without notice. If any Supplier becomes unavailable, the Company will use reasonable endeavours to ensure that a substitute Supplier is located. The Company shall not be responsible for any actions of Suppliers that are outside the Company’s actual control.
8.4 Members must rely on their own judgment and discretion in selecting and using the Services offered by a Supplier and in entering into any third party contracts with a Supplier. Any Goods or Services provided by the Supplier will be governed by the contract formed between the Member and the Supplier. The Company will not be responsible for any Goods or Services provided by the Supplier but will do everything it reasonably can to assist Members in any subsequent dealings with Suppliers.
8.5 Any contracts that Members enter into with Suppliers are independent and not connected to or subject to these Terms and Conditions. The Company disclaims any and all liability for any act or omission of any Supplier or any loss incurred by a Member as a result of any act or omission of a Supplier.
8.6 On occasions, the Company may be asked to make recommendations to Members. When making such recommendations, the Company shall use reasonable endeavours to ensure that such recommendations are accurate. However, the Company does not warrant to Members that such recommendations are accurate or that they will be to the Member’s own satisfaction. Members must make and rely on their own enquiries in relation to such recommendations. The Company accepts no liability for any goods or services provided to a Member in the course of acting upon such a recommendation.
8.7 Members are responsible for making their own arrangements for insurance
8.8 The Company will not have any liability to the Member for any claim to the extent that such claim is or can be characterised as a claim for (or arising from):
8.8.1 loss of revenue or profits; 8.9.2 loss of business opportunity or loss of contracts; 8.9.3 loss of goodwill or injury to reputation; 8.9.4 indirect, consequential or special loss or damage; or 8.9.5 anticipated savings.
8.9 The Company shall not be liable to the Member and will not be deemed to be in breach of these Terms and Conditions for any delay in performing or failure to perform the Services where such delay or failure is due to causes or events beyond the Company’s reasonable control.
9.1 Except to the extent set out in this clause 9, or where disclosure is expressly permitted elsewhere in these terms and conditions, the Company shall:
(a) treat all confidential information that the Company holds in relation to the Member as confidential applying the same security measures and degree of care to the confidential information as the Company applies to its own confidential information; and
(b) not disclose the Member’s confidential information to any other person without the Member’s prior written request
9.2 Clause 9.1 shall not apply to the extent that:
(a) such information is or becomes generally available to the public (other than as a result of its disclosure by the Company or its representatives in breach of these terms and conditions agreement), or;
(b) was available to the Company on a non‐confidential basis prior to disclosure by the Member; or
(c) was, is or becomes available to the Company on a non‐confidential basis from a person who, to the Company’s knowledge, is not bound by a confidentiality agreement with the Member or otherwise prohibited from disclosing the information to the Company;
(d) was lawfully in the possession of the Company before the information was disclosed to it by the Member as evidenced by written records; or
(e) the parties agree in writing is not confidential or may be disclosed.
9.3 The Company may only disclose the Member’s confidential information to the Company’s employees, staff, agents, consultants or Suppliers (Personnel) who are directly involved in the provision of the Services and who need to know the information. The Company shall ensure that such Personnel are aware of, and comply with, these confidentiality obligations.
9.4 The Company shall not, and shall procure that the Personnel do not, use any of the Member’s confidential information received otherwise than for the purposes of these terms and conditions.
9.5 The Company may disclose the confidential information only to the extent required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the Member as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 9.5, it takes into account the reasonable requests of the Member in relation to the content of such disclosure.
10. Employment by Member of Employees of the Company
10.1 For the purposes of this clause 10, an Employee means any employee of the Company. The provisions of this clause 10 shall apply where Members seek to offer to employ Employees or entice Employees away from the Company.
10.2 If the Member employs or offers to employ any Employee who within the period of 6 months prior to the commencement of employment or enticement away by a Member provided Services directly to Company Members, the Company shall be entitled to charge a fee representing 25% (twenty five per centum) of the Employee’s annual basic salary and guaranteed bonuses (as at the date of such commencement of employment or offer or enticement away whichever is the latter) plus VAT.
10.3 The obligations in this clause 10 shall survive any termination of membership.
11. Data Protection
11.1 The Company may periodically produce a newsletter or other publication that may be posted to Members at the Company’s discretion. If the Member does not wish to receive such publications by post, the Member should instruct the Company accordingly in writing.
11.2 To ensure that Members maximise their membership benefits, the Company may send Members information by post or email detailing forthcoming events and such other benefits, products or services which they may be entitled to or interested in as a Member. If the Member does not wish to receive such information, the Member should instruct the Company accordingly in writing.
11.3 The Company may contact Members who have not used their membership recently to offer services or may contact Members to seek their opinion on how the Services offered may be improved. If the Member does not wish to be contacted in this way, the Member should instruct the Company accordingly in writing.
12.1 Nothing in these Terms and Conditions is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.
12.2 These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.
12.3 The Company may vary the Terms and Conditions from time to time and will notify Members in writing in advance 14 days prior to such variation. Upon receiving a notice of variation of these Terms and Conditions, a Member may cancel membership by serving notice in writing to the Company within 30 days following receipt of the notice of variation. In such circumstances, the Company will reimburse the Member’s Membership Fee on a pro rata basis. A Member’s continuing request for Services will indicate its acceptance of the altered Terms and Conditions in any event.
12.4 Where Members wish to raise any queries, concerns or complaints with the Company, it should write to the Company at 37 Warren Street, London W1T 6AD.
Curador Limited is committed to protecting your privacy.
Please read the following information carefully to understand our views and practices regarding your personal data and how we will look after it.
We may collect and process the following data about you:
- information that you provide by filling in forms (both on and offline) including, for example, membership application forms, satisfaction surveys, sign‐up forms to newsletters, bulletins etc.;
- information collected over the telephone and through written correspondence (both on and offline) when you make enquiries and reservations, during members satisfaction surveys etc.;
- information about your use of our services; and
- details of purchases you arrange through us, and the preferences you express to us.
Unfortunately the transmission of information via the Internet is not completely secure. Although we have strict procedures and security measures in place, we cannot guarantee the security of your data transmitted to us by email.
Some of the data we collect and process may include sensitive data. Sensitive data is data that, for example, relates to your health or religion.
How We Store Your Personal Data
How We Use Your Personal Data
By submitting your data to us as part of your membership, you consent to our use of the information collected about you in the following ways:
We may use your data in order to respond to your queries and requests, to personalise our services and to manage transactions such as credit card payments for our services etc. We will need to use your data in order to carry out our obligations arising from any contracts entered into between you and us.
We may disclose your personal data to suppliers and other third parties who may assist us in providing services to you. Such third parties may be engaged in, amongst other things, the processing of your request for services, payment details etc. This could mean that the data we collect from you may be transferred to and stored at a destination outside the European Economic Area (“the EEA”). In submitting your data and requesting our services as a member, you are consenting to your data being used in the manner set out herein in countries that may not have data protection laws.
We may use your data in order to communicate with you about our services and those of specially selected third parties. When we send marketing communications to you by email, you will also be given an opportunity to unsubscribe from such communications. You may also opt out of receiving marketing communications from us at any time by informing us at the following email address: firstname.lastname@example.org.
We may use your information for internal marketing analysis, for example, to assess trends or to measure the amount of traffic to our website.
Disclosure of Your Personal Data
Sale and Transfer:
We may disclose your information to third parties (which third parties may be based in the United Kingdom or elsewhere (including in various destinations outside the EEA)) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
We may collect, use or disclose your data if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend us or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity and to comply with our audit and security requirements.
Service Providers and Sub‐Contractors:
In addition to disclosures identified in the purposes above, from time to time we may disclose personal information to our service providers and sub‐contractors retained to perform functions on our behalf or to provide services to us, such as data processing; software development; website hosting and management; market research; information technology and office services; legal, accounting, insurance, audit and other professional service providers.
Personal Data Relating to Third Parties
Please ensure that any data you supply to us which relates to third parties is provided to us with their consent and knowledge of our proposed use of their data.
Corporate and Contact Details for Data Controllers
Curador Limited is a limited liability company incorporated in the United Kingdom, company registration number 9590056, whose registered office is at 37 Warren Street, London W1T 6AD.