These Conditions apply to all services ordered from or provided to you by the brand Enchante owned by the Company Fans on Stands (“Company”) and by requesting services from Enchante’ you agree that these conditions shall apply to those services and your order.

These terms and conditions should be read carefully by the Member (as defined below) as they provide the legal framework against which the Company agrees to provide Services (as defined below) to the Member and to which the Member agrees to be bound.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Conditions, the following definitions apply:

1. Benefits: means the benefits made available to Members by Suppliers.
2. Conditions: these terms and conditions as amended from time to time in accordance with clause 12.4.

• Joining Fee: means the Fee payable by the Member to the Company upon acceptance of a Membership application, in accordance with clause 3.1.

1. Member: a person registered as a member of the Membership Club.
2. Membership: means membership of the Membership Club.
3. Membership Card: means the card issued to Members by the Company upon acceptance of a Membership application in accordance with Clause 2.

• Membership Club: means the Enchante’ Lifestyle Membership Club owned by ___________________.
• Membership Fees: means the fees payable in respect of Membership notified to Members upon application for and prior to renewal of Membership.

3. Payment Card: has the meaning given in Clause 3.7.
4. Website: means the website located at ______________________
5. Request: means a request placed by a Member with the Company for the Company to arrange the supply of goods and/or services from a third party on the Member’s behalf.

• Services: means the concierge and lifestyle management services provided by the Company to its Members as part of their Membership.
• Suppliermeans a supplier engaged by Enchante on behalf of and as agent for a Member to provide goods and/or services to that Member.

1.2 In these Conditions, 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. A reference to a statute or statutory provision includes any subordinate legislation made under that 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.

(f) the headings of clauses are intended for convenience only and shall not affect the interpretation of the Terms and Conditions.

2. MEMBERSHIP APPLICATIONS AND YOUR MEMBERSHIP CARD

2.1 All Membership applications are subject to acceptance by the Company at its sole discretion. The Company shall notify applicants in the event that his or her Membership application has been accepted. Where application for Membership has been rejected, the Company is under no duty to disclose its reasons for rejecting. The Company shall not be deemed to have accepted the Membership of an applicant until full payment of the Membership Fee has been received in cleared funds from the Member in accordance with clause 3 hereto. Following receipt of the Membership Fee, membership shall commence on such date as notified to the Member by the Company (the “Effective Date”).

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 or assigned to any third party; provided, however, that the identity of Member may be changed upon written notice to the Company. The Company may transfer or assign its rights and delegate its obligations under these Terms and Conditions at any time, subject to giving the Member fourteen (14) days’ prior written notice of such intention to transfer, assign or delegate.

2.4 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 the Company promptly in the event that any information provided by you in connection with your Membership changes.

2.5 Enchante’ operates offices in a number of territories worldwide. Enchante’ encourages Members with residences in multiple territories to register for Membership with the Company office in the territory where their primary residence is located in the first instance.

2.6 Enchante’ will issue you with a digital Membership Card together with associated Membership documentation as soon as possible following receipt of your Joining Fee and Membership Fee.

2.7 Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.

2.8  

2.9 We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the Enchante’ privacy policy, further details of which are set out in Clause 11. Please note that all information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology.

2.10 You must notify Enchante’ immediately by e-mail at ___________________ if your Membership Card is lost or stolen.

2.11 In the case of the death of a Member, the Member’s personal representatives should notify the Company of the Member’s death. The Company will then inform the personal representatives of any necessary documentation it requires in order to arrange for a refund of the unused balance of the Membership Fee together with any unused monies held in the Member’s account to the Member’s personal representatives. Such a refund will be calculated on a time apportionment basis in respect of the unused period of membership.

3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS

3.1 For the first year of your Membership, Membership Fees and the Joining Fees payable shall be confirmed to you prior to acceptance of your Membership application. The Joining Fee 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 or their Renewal Dates. Membership is conditional on payment in advance and in full of the Membership Fee,

3.2 You acknowledge that your payment of the Joining 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. Your Joining Fee covers our costs in setting up your Membership and is non-refundable in all circumstances.

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 Enchante’ reserves the absolute right to cancel or suspend your Membership where it has reason to do so. If Enchante’ cancels your Membership, where it is reasonable to do so Enchante’ shall refund the balance of the current annual Membership Fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates.

3.7 Membership Fees are due on acceptance of your Membership application and annually thereafter (the “Renewal Date”), and full payment will be taken by Enchante’ annually in advance by direct debit or payment by a credit or debit card which you have authorised us to deduct such payment from (“Payment Card”) in accordance with the relevant invoice. The Membership Fee shall be payable by a Member irrespective of the Member’s level of use of the Services or any changes in the Member’s personal circumstances, such as moving to another city or country.

3.8 Where you have provided us with details of a Payment Card or have authorised a direct debit mandate, you hereby expressly authorise Enchante’ to deduct collect renewal Membership Fees up to 28 days prior to or on 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 30 days prior to your Renewal Date.

3.10 If you do not notify us in accordance with Clause 3.9, Enchante’ reserves the right to recharge the then current Membership Fee in order to renew the Membership.

3.11 Enchante’ (and its affiliated international offices) reserve the right to refuse to provide the Services should any payment due under these Conditions 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 Enchante’ 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 Enchante’s request for you to upgrade your Membership then Enchante’ 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 Enchante’ 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 authorise Enchante’ to deduct the credit sum from your Payment Card immediately.

3.14 The Member shall pay the Membership Fee (or quarterly installment) in full without any discount, deduction, set-off or abatement whatsoever. If the Member fails to make payment within thirty (30) days following the applicable due date then, without limiting any other right or remedy available to the Company, the Company may:

3.14.1 freeze the Member’s membership and withdraw the continuation of Services to the Member;

3.14.2 cancel the membership pursuant to clause 6; and/or

3.14.3 charge the Member interest on all overdue payments from the due date until payment is received in full (and both after as well as before judgment) at the annual rate of three (3) percentage points above the base lending rate of the India Prime lending rate from time to time (such interest accruing daily).

3.15 Any additional service fees will be paid by an agreed Payment Card at the time of booking including an applicable taxes and pre-payments necessary to deliver the Service.

4. SUPPLY OF SERVICES

4.1 With the exception of Indian bank holidays and days on which the Company is closed, the Company’s normal business hours are 9.00am to 6.00pm  Indian Standard Time, Monday to Saturday (“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. Members will be notified of any changes to the Normal Business Hours in writing no later than thirty (30) days prior to the intended implementation of the change.

4.2 The Services provided by the Company which are Over The Top media streaming platform (“OTT Platform”) platform in nature shall be available to the Members as well

4.3  The Company will provide the Services to the Member on condition that all requests are for lawful personal services, as determined in the sole and absolute discretion of the Company. Enchante’ shall supply the Services to the Member during the Membership in accordance with the Member’s particular Requests, provided that Enchante’ 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. The Company is entitled to act on instructions received from an Agreed User as if they were instructions received directly from the Member.

4.4 The services provided vide the OTT platform are made available on a limited license or access basis. No ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. Company and its licensors retain all right, know-how, content, work product, title and interest, including all intellectual property rights and trade secrets, in and to the Products, their look and feel, any related or underlying technology, and any modification or derivative work created by or for Company

4.5 Enchante’ 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 performance of any Services.

4.6 Enchante’ 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 Enchante’ shall notify the Member in any such event.

4.7 Services will be provided in English (and in other languages depending on the location of the Enchante’ office during Normal Business Hours).

4.8 Outside Normal Business Hours (or as may otherwise be required from time to time), Member queries and/or Requests may be routed to an alternative Enchante’ office for assistance. At such times, services will be provided in the English language.

4.9 You acknowledge that Enchante’ reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.

4.10 Telephone calls to Enchante’ may be monitored or recorded for training and quality control purposes.

4.11 Enchante’ 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.

4.12 Acting in its sole and absolute discretion, the Company reserves the right, without liability hereunder, at any time and from time to time to:

4.12.1 refuse to provide any Service requested; and/or

4.12.2 withdraw the continuation of any Service; provided that the Company informs the Member of any refusal or withdrawal as soon as reasonably practicable.

4.13 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) Enchante’ 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 Enchante’ shall have no liability where a Member is refused admission to a club.

4.14 Tickets:

(a) Enchante’ 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 Enchante’ 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 Enchante’ in respect of our provision of services to obtain the seats for you. Enchante’ is not the seller of the tickets and is not responsible for fulfillment 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. Enchante’ 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) Enchante’ or its ticket agent partner will dispatch your tickets through delivery agents at standard rates. Please note that Enchante’ shall not be liable for any failure by delivery agents to deliver your tickets.

4.15 Where the Company, as principal, supplies products, which are made to a Member’s personal specification or are perishable in nature, such products will not be returnable by Members under any circumstances.

4.16 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.

4.17 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).

4.18 Where Members request for out of office meetings where travel is required the member shall be billed the expense on actuals.

4.19 The Company can only advice and recommend, all request are made by Members on the sole discretion of the member. The Company shall not take responsibility of the outcome. The Company shall however endeavor to check and ensure the third party vendor deliverables agreed on behalf of the Member.

4.20 Digital Services: The Company provides services in the field of culinary, fitness, comedy -recorded and or/live performances etc. on its OTT Platform. The terms of the services on the OTT Platform shall be governed by the Terms of use at the following link [•]

5. PLACING A REQUEST

5.1 Members may place Requests by telephone (which does not include text messages), e-mail or through the Members’ section of the Website.

5.2 Members should always contact their primary office in the first instance to manage all Requests (including international Requests).

5.3 Enchante’, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.

5.4 If Enchante’ is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.

5.5 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.

5.6 From time to time the procurement or provision of certain services, products or benefits may incur a Enchante’ services fee or handling charge (of which you will be notified in advance, and which may vary between Enchante’ offices) and in such event you hereby authorise Enchante’ 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 Enchante’ 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. This clause is not valid for digital/ OTT services

6.2 If a Request for a specific product or service is not available, Enchante’ 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. Enchante’ 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 his or her behalf by Enchante’ 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 Enchante’ is asked to source a specific item for a Member, Enchante’ shall inform the Member of the refund and exchange policy of that Supplier in advance. Enchante’ 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 Enchante’ shall have no liability for any items held by any customs or border agency.

6.9 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. SUPPLIERS

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. Enchante’ 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 authorise Enchante’ to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Enchante’ shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Enchante’ 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 Enchante’s performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (“Member Default”):

(a) Enchante’ shall without limiting its other rights or remedies have the right to suspend 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 Enchante’s performance of any of its obligations;

(b) Enchante’ shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from Enchante’s failure or delay to perform any of its obligations as set out in this clause 7.5; and

(c) the Member shall reimburse Enchante’ on written demand for any costs or losses sustained or incurred by Enchante’ arising directly or indirectly from the Member Default.

8. LIMITATION OF LIABILITY

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 be in accordance with the Member’s written requests and instructions. 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. Except as otherwise provided in this clause 8.1, the Company does not provide any recommendations or representations or offer any warranties (express or implied), including, but not limited as to, the quality, merchantability or fitness for a particular purpose or otherwise of the Goods or the standard of Services supplied.

8.2 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 efforts to locate a substitute Supplier. The Company shall not be responsible for any actions of its Suppliers.

8.3 Members must solely rely on their own judgment and discretion in selecting and using the Services offered by any such Supplier and in entering into any contracts with such 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 cooperate with Members in any subsequent dealings with Suppliers.

8.4 Nothing in these Conditions shall limit or exclude Enchante’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.5 Subject to clause 8.4:

(a) Enchante 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

(b) Enchante’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 Member’s annual Membership Fee.

8.6 Your contract for the supply of products or services is made with the relevant Supplier only. Enchante’ acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.

8.7 You acknowledge that any contract entered into by you with any Supplier is an independent contract. Enchante’ 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 Enchante’.

8.8 Enchante’ 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.

8.9 Enchante’ shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Q Enchante ‘s obligations in relation to the Services, if the delay or failure was due to any cause beyond Enchante ‘s reasonable control.

8.10 Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.

8.11 To the fullest extent permitted by applicable law, the Member shall defend, indemnify and hold harmless the Company and its Affiliates and each of their respective officers, directors, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind including reasonable legal fees and the cost of enforcing this indemnity (“Claims”) arising out of or resulting from: (a) bodily injury; (b) death of any person; (c) any claim of any kind (actual or threatened) by an Employee (as defined in clause 10.1 below) which arises directly or indirectly as a result of any actions or inactions by any Member or Agreed User and/or as a result of the Company following any instructions or requests by any Member or Agreed User, or (d) damage to real or tangible, personal property, in each case to the extent such Claims arise out of or relate to this Agreement, the Services, the Member, an Agreed User and/or the Member’s or any Agreed User’s property; provided, however, that no such indemnification by Member shall apply in the event such Claims arise out of the Company’s gross negligence, willful misconduct, or material breach of the Company’s material obligations under this Agreement.

8.12 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.

8.13 The Member shall provide reasonable assistance to the Company, its Affiliates and their legal advisers with regard to any past, present or future legal or regulatory matters which arise out of relate to this Agreement or the Services, and/or in respect of which the Member or its officers, directors, partners, employees or any Agreed User has knowledge, including but not limited to (a) responding fully and promptly to all requests made by the Company, its Affiliates and/or its legal advisers at any time for information, documentation, witness evidence (oral and/or written) and/or other evidence required in connection with the defence or pursuit of legal or regulatory action brought by or against any third party and (b) informing the Company voluntarily and completely of all facts that constitute, or might constitute, material breaches by any person of any of the Company’s ethical standards or legal obligations as soon as reasonably practicable after such facts come to the Member’s attention.

8.14 This clause 8 shall survive termination of these Conditions.

9. CANCELLATION AND SUSPENSION OF MEMBERSHIP

9.1 The Company reserves the right, in its sole and absolute discretion, to cancel the membership of the Member, at any time with immediate effect in the following circumstances:

9.1.1 where a Member commits a material or repeated breach of these Terms and Conditions, other than non-payment, and the breach, if capable of remedy, is not remedied within seven (7) days of receipt of a written default notice;

9.1.2 if any part of the Membership Fee or Service Fee remains unpaid thirty (30) days after its due date for payment as requested by the Company;

9.1.3 if a Member provides the Company with details which the Member knows to be false when applying for membership or fails or omits to disclose material information and the false declaration or material omission would have reasonably affected the Company’s decision to grant membership. Where such cancellation of Membership occurs, the Company cannot guarantee a former Member will be successfully re-admitted as a Member at any time following cancellation. If the Company terminates for any of the reasons in this clause, it reserves the right to retain a portion of the money paid under these Terms and Conditions to cover any reasonable costs incurred, including lawyers’ fees and/or other legal expenses.

9.2 In addition to the termination rights set forth in clause 9.1, the Company may cancel membership of the Member for any other reason whatsoever, upon thirty (30) days’ prior written notice of cancellation to the Member. Where the Company cancels membership pursuant to this clause, it shall refund the balance of the Membership Fee on a time apportionment basis in respect of the unused period of Membership, together with any unused monies held in the Client Fund Account, provided that all amounts due and owing to the Company by the Member have been paid in full. Cancellation by the Member

9.3 A Member shall not be entitled to cancel membership during the initial twelve (12) month period.

9.4 The Member is entitled to cancel membership by giving not less than one (1) month’s written notice prior to each anniversary of the Effective Date. For the avoidance of doubt, if such notice is not received from the Member within such period, the Company may proceed to invoice the Client and process payment of the Membership Fee and the Member’s entitlement to cancel in respect of such Member’s membership for the following year will lapse.

9.5 A Member shall be entitled to cancel the Membership with immediate effect in the event that the Company commits a serious or repeated breach of these Terms and Conditions by serving written notice on the Company specifying details of the breach; provided that, where the breach in question is capable of remedy, such written notice shall specify a period of not less than thirty (30) days for the Company to remedy such breach and, in such case, cancellation of the Membership shall only take effect on expiry of such period specified in the written notice where the Company has failed to remedy the breach by such date.

10. CONFIDENTIALITY

10.1 The Company warrants that it will keep secret any confidential information that the Company possesses concerning the Member (the “Confidential Information”) using a degree of care equal to the degree of care that the Company uses in connection with the treatment of its own confidential information, but in no event less than reasonable care. The Company will not, during the term of this Agreement or for any time after the termination or expiration of this Agreement copy, publish, use or disclose a Member’s Confidential Information except that such Confidential Information may be disclosed (i) to employees or Suppliers on a need to know basis and as may be reasonably required in connection with the performance of the Company’s obligations under this Agreement; or (ii) in connection with the defence of any action; or (iii) as authorized by the Member or by this Agreement. If the Company is required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation demand or similar process) to disclose any Confidential Information of the Member, the Company will reasonably cooperate with the Member and provide the Member with notice of such request(s) as soon as reasonably possible so that the Member may (at its expense) seek an appropriate protective order.

10.2. The term “Confidential Information” shall not include information that (i) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any breach of these Terms and Conditions by the Company, (ii) at the time of disclosure is, or thereafter becomes, available to the Company on a non -confidential basis from a third -party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information to the Company by any contractual obligation, (iii) was known by or in the possession of the Company prior to being disclosed by or on behalf of the Member, or (iv) was or is independently developed by the Company without reference to or use of any of the Member’s Confidential Information

11. DATA PROTECTION

11.1 The Company may periodically produce a newsletter or other publication which 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 maximize their membership benefits, the Company may send Members information by post or email detailing forthcoming events and such other benefits, offers, 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. GENERAL

12.1 Assignment and subcontracting:

(a) Enchante’ may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.

(b) The Member shall not, without the prior written consent of Enchante’, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.

12.2 Waiver:

(a) A waiver of any right under these Conditions 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 Conditions 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.

(b) Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.

12.3 Severability:

(a) If a court or any other competent authority finds that any provision of these Conditions (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 Conditions shall not be affected.

(b) If any invalid, unenforceable or illegal provision of these Conditions 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.

12.4 Variation:

Enchante’ may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: Enchante’ Newsletter, the Website, by Email or by phone. Your continued use of your Membership constitutes acceptance of such variations to these Conditions.

12.5 No partnership:

Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

12.6 Third parties:

A person who is not a party to these Conditions shall not have any rights under or in connection with it.

12.7 Governing law and jurisdiction:

These Terms and Conditions are governed by and shall be construed by the laws of India. Any dispute arising out of or in connection with these Terms and Conditions shall be referred to and finally resolved by arbitration. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be India. The language to be used in the arbitral proceedings shall be English. The arbitrator(s) sitting in any dispute or controversy arising hereunder shall not have the authority or the power to modify or alter any express condition or provision of these Terms and Conditions to render an award which by its terms, has the affect of altering or modifying any express condition or provision of this agreement, and the arbitrators’ failure to comply with this provision shall constitute grounds for vacating an award. Where an arbitral claim is brought under these Terms and Conditions in relation to a claim under an indemnity, the parties agree that the Tribunal should award costs to the successful party on an indemnity basis. Notwithstanding the foregoing, any party hereto may seek interim or provisional equitable relief in a court specified in India prior to the commencement of an arbitration proceeding without waiving his right to demand or proceed to arbitration herein, in order to enjoin the breach or threatened breach of any of the terms and provisions hereunder.

12.8 Except as expressly agreed otherwise by the Member and the Company in writing, the Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all agreements or understandings, whether written or oral, between the parties with respect to such subject matter. Except as expressly agreed otherwise by the Member and the Company in writing, no other right exists between the parties and none shall be implied from conduct or otherwise.

12.9 All notices required or permitted under these Terms and Conditions shall be made in writing and, if to the Member, at the address the Member may specifically indicate to the Company in writing that all notices are to be sent; if to the Company, at its principal office or to such other location that the Company may indicate in writing from time to time.