Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Foster and Kane’s relationship with you in relation to this website.

If you disagree with any part of these terms and conditions, please do not use our website.

The term Foster and Kane or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Office 7, 35-37 Ludgate Hill, London, EC4M 7JN. Our company registration number is 09977483. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us. Name, Email address, Company name.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Membership
Terms & Conditions

The following are the Terms and Conditions of Foster and Kane Membership We pride ourselves on being open and transparent with our members and our terms and conditions are set out to support this. They are also in place to protect our relationships with our members, our partners and our company reputation.

By becoming a member you agree to our terms and conditions. SCHEDULE [1] TERMS AND CONDITIONS – PLEASE READ THESE CAREFULLY. 1. DEFINITIONS In this Agreement, the following words shall have the following meanings: 1.1 “Foster and Kane” means Foster and Kane Limited, registered number 09977483

1.2 “Fees” means membership fees as set out by Foster and Kane in section 4 to this Agreement.

1.3 “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.

1.4 “Third Party Supplier” means a third party e.g. caterer, which Foster and Kane , acting as your agent and not as a principal, have introduced to you or secured services for you as requested.

1.5 “Website” means www.Foster and Kane.com

1.6 “Contract” means the treaty for the provision of services which shall be governed by these Terms and Conditions.

1.7 “Payment Card” means credit/debit or charge card.

2. RULES

2.1 Details provided to Foster and Kane when applying for membership must be both accurate and true, this is an ongoing obligation and Foster and Kane must be notified of any changes to details a soon as reasonably possible. Incorrect or fraudulent information provided by you to Foster and Kane may invalidate your membership and/or lead to legal proceedings

2.2 This Membership is limited to you unless previously agreed; you are responsible for ensuring

that no other individual or organisation uses your membership. Foster and Kane must be notified immediately by email if your membership token is lost or stolen.

2.2.1 Where previously agreed direct family members may make use of the membership at no extra charge. This is restricted to one spouse or civil partner and a maximum of two children under the age of 21.

2.2.2 The names of any family member using the membership as per clause

2.3 must be supplied and authorised in writing by the fee paying member, no service or transactions can take place without specified authorisation.

2.2.3 Where payment card details are stored by Foster and Kane on behalf of the member as per clause 8.1 and 8.1.2, transactions can only be authorised by the registered card holder or by specified family members where written authorisation has been provided to that effect by the registered card holder shown on the card.

2.6 As per clause 8.1.3 any person authorising payment on a payment card must be able to provide the CVV number.

2.7 All details you provide to us relating to purchasing or booking goods and/or services are both accurate and true, and you are explicitly authorised to use the payment card you are using and has sufficient funds to cover the cost of the goods and/or services.

2.8 You agree not to impersonate any other person or entity or to use a false name.

3. BENEFITS AND ACCESS

3.1 Foster and Kane shall endeavor to provide any lawful, proper and moral service requested by its members.

3.2 Services are subject to the terms and conditions of the affiliate or third party supplier. For travel services please note that Foster and Kane is not an authorised travel agent or tour operator but will provide services through an accredited affiliate.

3.3 We will issue a temporary membership card and welcome pack as soon as possible following collection of your initial membership fee. Full membership card will be issued as soon as possible once the cooling off period as per clause 4.1.1 has passed.

3.3.1 Foster and Kane membership card remain the property of Foster and Kane.

3.4 To ensure consistent and effective service, all Foster and Kane services are accessed via our 24 hours call handling team via email.

3.4.1 Reply to communications and actioning of requests will take place as per membership level.

3.4.2 Classique members will be contacted and or requests actioned by a member of the account management team between the hours of 9am and 6pm, Monday to Friday.

3.4.3 Luxe members will be contacted and or requests actioned by their designated Lifestyle Manager between the hours of 8am and 8pm, Monday to Friday. Contact outside of these times can be pre arrange with your designated Lifestyle Manager.

3.4.4 Luxe members may use the 24hr call handling team to contact Foster and Kane outside of the designated times set in 3.4.3 and emergency out of hours requests will be actioned wherever possible. However Foster and Kane will only contact you during the hours 8am and 8pm, unless the request is a genuine emergency that must be actioned out of hours and specific authorisation for out of hours contact has been provided during the contact with the call team.

3.4.5 All elements of Prive membership including contact arrangements is agreed on a per-case basis.

4. MEMBERSHIP FEES

4.1 Membership is subject to a minimum period of 6 months.

4.1.1 You are entitled to an initial 14 day cooling off period should you change your mind on membership, during which time you can cancel your membership immediately see section 5 for more details.

4.2 Current membership fees are shown on the webpage and set out in this agreement. Any increase will be notified on the website and through email three months before taking effect. 4.3 Membership fees are paid in advance by direct debit, bank transfer or payment card.

4.3.1 The first membership fee will be taken by either credit or debit card or bank transfer, direct debit payments will be set up for subsequent payment of membership fees.

4.4 Membership fees are paid in advance either annually or quarterly.

4.4.1 Current annual membership fees are set at;

4.4.2 Classique, £5000 excluding VAT

4.5.3 Luxe, £10000 excluding VAT

4.5.4 Prive, agreed on a per-case basis.

4.4.1 Current quarterly membership fees are set at;

4.4.2 Classique, £1440 excluding VAT (£480 per month, excluding VAT)

4.5.3 Luxe, £2700 excluding VAT (£900 per month, excluding VAT)

4.5.4 Prive, agreed on a per-case basis.

4.6 On request Foster and Kane 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

4.7 You will be able to access Foster and Kane Services immediately as per your membership level once your initial membership fee payment has been cleared. This generally takes a few minutes however please allow up to two working days.

4.7.1 Foster and Kane account management team will inform you once the payment is cleared.

4.8 Membership fees auto renew via direct debit mandate authorised by the member for subsequent membership fees.

4.8.1 Direct debit payments are set up for annual or quarterly payments, not including the initial membership fee payment.

5. TERMINATION

5.1.1 You are entitled to an initial 14 day cooling off period should you change your mind on membership, during which time you can cancel your membership immediately. 5.1.2 Where no Foster and Kane services or benefits have been accessed during this period you will receive a full refund of your membership paid.

5.1.3 Where Foster and Kane services or benefits have been accessed during this period you will receive a refund less one month membership fee to cover administration costs.

5.2 After the cooling off period, if you do not wish to renew Classique of Luxe Membership:

5.2.1 And you have paid an annual fee; you must notify the account management team via contact@fosterandkane.com at least 28 days prior the end of the annual term.

5.2.2 You will be entitled to a refund against any whole quarter periods not used where, notification has been provided at least 28 days prior to the start of the unused quarter period.

5.2.3 The quarter periods will be calculated using day one of your annual membership as day one of the first quarter period.

5.2.4 Refunds will be calculated using the quarterly membership fee as set out in section 4 of this agreement, as the fees for any quarter period used, subject to clause 5.1.5 and deducted from the annual fee paid. The remainder will be reimbursed.

5.2.5 You must return your Foster and Kane membership card by registered post no later than the final day of membership.

5.3 Foster and Kane reserve the right to withdraw or suspend your membership if it believes that your actions are detrimental to either Foster and Kane or your fellow members.

5.4 Your membership token must be returned if membership is withdrawn.

5.5 Any outstanding payments owed to Foster and Kane must be paid upon termination of your membership, failure to do so may result in legal proceedings.

5.6 If you have terminated your membership and wish to re-activate it you may do so by either emailing the membership team via contact@fosterandkane.com. Once re-activated your membership will be deemed as a new membership.

6. GENERAL

6.1 Where a service requires a deposit to be paid, this may be forfeited, subject to the terms and conditions of the service, as a result of cancellation.

6.2 removed

6.3 If Foster and Kane is unable to deal with any request, it will inform you as soon as reasonably possible.

6.4 When ordering a product or service or accessing a benefit, you may be required to provide your Payment Card details. If you request and authorise Foster and Kane to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Foster and Kane 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 Foster and Kane acts in accordance with the instructions issued by you.

6.5 In the event that you ask Foster and Kane to make a purchase on your behalf you hereby authorise Foster and Kane to deduct that amount,

6.5.1 and any applicable supplier or 3rd part handling fees, agreed

6.5.2 and any applicable management fees as per your membership level

6.5.3 total management fees payable are capped at £20000 per single product or single service

6.6 handling fees and management fees as per clause 6.5.1 are payable on a quarterly basis

6.7 a quarterly invoice will be issued detailing handling fees and management fees outstanding

6.7.1 fee’s outstanding as per clause 6.7 must be paid within 14 days of invoice date

6.7.2 failure to pay quarterly invoices within 14 days as per clause 6.7.2 will result in immediate suspension of membership

6.7.3 re-activation of membership following suspension as per clause 6.7.2 may result in an administration fee being charged at a rate of one months members fee

6.8 Affiliates and benefits are subject to availability and may change from time to time without notice. Foster and Kane shall not be responsible for any actions of Suppliers outside our actual control.

6.9 When purchasing tickets, in some cases, Foster and Kane 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.

6.10 Foster and Kane reserves the right to withdraw any services and/or to refuse to supply the services requested.

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 Telephone calls to Foster and Kane may be monitored or recorded for training and quality control purposes.

6.13 The content of the website is the property of, or licensed to, Foster and Kane. Use of this material is strictly limited to members and no copying or use of content is allowed without Foster and Kane’s written consent.

6.14 You are responsible for your membership card, lost full membership cards may be replaced at a charge of £50.

6.15 Your service is available during the times set out in your membership and shown in section 3 of this agreement. 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 they not. Our team as a whole will endeavor to manage any requests when your manager is unavailable.

7.LIABILITY

7.1 Foster and Kane shall use reasonable endeavor to secure goods and/or services on behalf of the member. In the case of goods and/or services supplied by affiliates or third parties, then Foster and Kane is acting as your agent using reasonable care in selecting the supplier and ensuring the order is placed in accordance with your wishes, the contract for the purchase of these goods and/or services is made between you and the relevant supplier. Your rights and remedies are against the Supplier. 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.

7.2 Tickets will be dispatched by courier or Royal Mail, Foster and Kane and/or its affiliates cannot be held liable for any failure by the Royal Mail to deliver your tickets. Shipping fees are non-refundable and only the return of the face value of the tickets can be guaranteed where events are cancelled directly by the artist or promoter.

7.3 You agree that any contract entered into by you with any affiliate is an independent contract. Foster and Kane hereby disclaims any and all liability for any act or omission of any affiliate or any loss incurred by you as a result of any act or omission of affiliates whether or not arranged by Foster and Kane.

7.4 Foster and Kane accept no liability for any losses or claims arising failure to complete a transaction.

7.5 Foster and Kane accepts no liability to members for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late/non arrival, or any other fault by you.

7.6 You are deemed responsible for, and shall use your own skill and judgement as to the quality, value and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third party for the supply goods or services.

7.7 Foster and Kane will not be held responsible for products and services offered by Foster and Kane as agents for the affiliates or third parties or for any aspect of the relationship between you and any particular affiliate or third party. Foster and Kane will, however, do everything it reasonably can to assist you in any transactions you have with the Supplier.

7.8 With the exception of death and personal injury caused by the negligence of Foster and Kane or as expressly provided for in these terms and conditions, Foster and Kane shall not be liable for any loss, cost, expense or damage of any nature whatever (direct or indirect) resulting from the provision of the services or your reliance upon the information and suggestions provided by Foster and Kane and the resulting supply of goods and services to you by any third party.

7.9 Except in respect of death and personal injury and subject to the provisions of these terms and conditions, Foster and Kane ’s maximum liability to you for breach of any of its obligations hereunder shall be limited to the value of a quarterly membership fee and the charge for the services to be provided.

7.10 Foster and Kane assumes no responsibility nor endorses the content for any links from the site and as such shall not be held responsible or liable for any loss or damages caused or alleged to have been caused.

7.11 Force majeure – Foster and Kane shall have no liability under or be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond their reasonable control. Foster and Kane shall promptly notify you when such circumstances cause a delay or failure in performance and when they cease to do so.

7.12 Any purchases (such as tickets and holidays) made on behalf of the member by Foster and Kane will be chargeable to the member. The member will always be informed of the price prior to purchase and only once confirmed by the member will the product be purchased. An email instruction by the member is sufficient to instruct Foster and Kane to proceed with the purchase. 7.13 Receipts will be raised for monies taken directly from the members’ payment card where instructed.

7.14 Invoices can be raised for any monies taken from members’ payment card where requested.

7.15 Cancellation of purchases must be made in writing and any fees incurred will be notified to, and paid by, the client or deducted from any refunds due. Foster and Kane Management fees will be refunded subject to an administration fee of £50.

7.16 Any booking that does not require prepayment made with a third party (such as restaurant or nightclubs) that is cancelled within 24 hours, or that the member does not show up to, shall incur a fee of £50 per person in the booking group and must be paid prior to using any further Foster and Kane services. Our relationships are paramount to our company success and this money is used to rebuild relationships with the venue in question where our company faith is used to initially secure the booking.

7.18 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. 8. DATA PROTECTION AND SECURITY

8.1 We will only store payment card details with your written authorisation.

8.1.2 We will never store the CVV number of your payment card.

8.1.3 We will request the CVV number prior to any payment being taken or made on your behalf, from the person authorising the transaction, subject to clause 2.2.3, as an essential security step.

8.1.3 To ensure the highest levels of data security, your payment card details will only be stored via hard copy and never digitally.

8.1.4 Hard copy details of payment cards are stored in a high security safe with strictly limited to access. The safe is secured at all times when not in immediate use.

8.2 We do not share financial details with any 3rd parties.

8.3 Foster and Kane will only require the information needed to carry out the tasks you request.

8.4 Information will only be disclosed to affiliates and third parties who need to know the information in order to process your orders.

8.5 Foster and Kane do log each request received from our members in our account management system. From this we create profiles and behavior reports of all of our members in order to better tailor our service to you. From time to time high level reports may be shared with selective 3rd parties – these reports do not contain any member specific details (names, contact details etc.).

8.6 We will require proof of identity before we are able to disclose personal information to you.

8.7 All data will be stored securely in accordance with European Law including the Data Protection Act 1998. Our data protection policy will be made available on request.

9. APPLICABLE LAW AND JURISDICTION

9.1These terms and conditions and your Foster and Kane membership are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales. If any term or condition of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.

9.2 You will be notified to any change to these terms and conditions by email. Continued use of your Membership constitutes acceptance of the altered terms and conditions.

9.3 This document contains the whole agreement between Foster and Kane and you and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The parties confirm that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.