OUR TERMS & CONDITIONS

Please take time to read these important terms and conditions of use for the Life Managers service and web site (www.lifemanagers.co.uk)(the “LM Site”).
Our contact details can be found at the end of these Terms.

1 Your contract with Life Managers

1.1 We are a lifestyle management company who can offer you wide-ranging and specialist services (the “LM Services”). In return for a fee we (“Internal Suppliers”) will either provide and perform, or introduce you to third party suppliers (the “External Suppliers”) who will provide and perform various services for you at your request (the “Supplier Services”). For the purposes of these terms the Internal Suppliers and External Suppliers shall together be defined as the “Suppliers”. Any contracts for work or services carried out by the External Suppliers will be solely between you and the External Suppliers. It is the responsibility of the External Suppliers to communicate their own terms and conditions of business, method of work and working rate to you and we will not be responsible for the terms or conditions of any agreements that you may enter into with any External Suppliers, or the actions or inactions of any of our External Suppliers. Subject to the specific provisions of clause 2.1(b) below we do not and will not supervise the External Suppliers.

1.2 The LM Site and the LM Services are provided to you subject to the following terms and conditions of use which constitute the entire agreement between you and us (the “Terms”, which also include the Privacy Statement). The Terms supercede any undertakings, representations, warranties, promises, assurances or arrangements of any nature whatsoever (together “Pre-Contractual Statements”) whether or not in writing and whether or otherwise relating to these Terms made or given by us or any of our employees, representatives or External Suppliers at any time prior to your acceptance of these Terms, save that nothing in these Terms shall exclude your or LM’s liability for fraudulent misrepresentation.

1.3 By accessing any part of the LM Site or utilising any of the LM Services, you accept these Terms unconditionally and without modification. You also acknowledge that in accepting these Terms and by using the LM Site and the LM Services you have not relied on any Pre-Contractual Statement which is not expressly set out herein and that these Terms supercede and extinguish any prior Pre-Contractual Statements relating hereto.

1.4 The rights and obligations created by these Terms are enforceable by and may be assigned by us to any third party. You may not assign your rights or obligations under these Terms. No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded by these Terms.

1.5 Unless the context otherwise requires, in these Terms words in the singular shall include the plural and vice versa, and references to persons include corporations, partnerships and other incorporated associations or bodies of persons. References to any enactment or statutory provision or subordinate legislation shall be construed as a reference to it as from time to time replaced, amended, consolidated or re-enacted (with or without modification) and include all orders or instruments made under such.

2 Our obligations to you

2.1 We agree to (a) use reasonable endeavours to provide you with suitable External Suppliers which meet your stated needs and (b) at your request, to undertake the overall management of your projects and needs in so far as is reasonably possible.

2.2 We will use reasonable endeavours to recommend External Suppliers who are researched by us and who will be trade registered where appropriate. Where reasonably practicable we will obtain trade and/or customer references for them.

2.3 If we are unable to provide fully researched External Suppliers to carry out your project, we will take reasonable steps to find another service professional. In this event we will not provide any guarantee whatsoever in relation to the service professional and the Services provided by the service professional.

2.4 We will treat any comment you make on our Service, be it positive or negative, with the utmost seriousness. You can find our comments and complaints form, addressed to the directors of Life Managers, at [www.lifemanagers.co.uk/commentsandcomplaints.htm].

3 Your obligations to us

3.1 You will promptly pay all fees reasonably levied by us (on an hourly basis or otherwise) in accordance with our published tariffs (as may be amended from time to time) and those fees set out in the Application Form and all such fees shall be payable by you in any event within 7 days of receipt of an invoice from us

3.2 You can make payments to us by cash, cheque made payable to Life Managers or bank transfer. If Membership is given to you by way of a gift you will be responsible for paying all fees and supplier charges and subsequent Membership Fees as set out in these terms and conditions.

4 Membership Term

4.1 If you elect to become a member of LM, (a) the minimum term of Membership will be three months; and (b) membership shall commence on the date on which we receive and have satisfactorily processed both payment of the relevant fee for use of the LM Services (the “Membership Fee”) and your Application Form duly completed and signed by the client (the “Commencement Date”, at which point you will become a “Member”).

4.2 Membership may be renewed at the end of the term by mutual agreement (the “Renewal Date”) provided that these Terms have not been terminated in accordance with Clause 9; and any subsequent Membership Fee has been paid on or before the Renewal Date.

5 Confidentiality and Privacy

5.1 We may monitor visits to the LM Site and retain information about you (including, without limitation, the use of cookies and other browser-generated information, together with any data submitted by you including any information you provide to us off-line and/or in person). We are notified for the purposes of the Data Protection Act 1998 (“DPA"). Any information supplied by you to us (whether electronic, written or oral) will be treated by us in accordance with our Privacy Policy.

5.2 Information about you ("Information"), including "Sensitive Data" as defined in the DPA (e.g. religious beliefs, ethnic background) will be recorded onto our database and held, processed, disclosed and used by us, our associated companies and External Suppliers and product providers in servicing our/their relationship with you. By submitting Information you agree to the storage, use and disclosure of such information for these purposes.

5.3 We will take all reasonable steps to ensure that our direct employees keep all Information supplied to us confidential. However we cannot guarantee and will not be liable for any damages which occur as a result of breach by External Suppliers of your confidentiality. Please ensure that you read our Privacy Statement, which can be found at [∑].

6 Disclaimer and Exclusion of Liability

6.1 We have taken all reasonable steps to ensure that the information on the LM Site is accurate and complete and that the LM Site functions correctly. However, no warranty representation or assurance (whether express or implied) of any kind is given in this respect, nor that the LM Site shall be compatible with your hardware and software and bug and/or virus-free, or that it shall be accessible without interruption.

6.2 Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from (a) the negligence of that party or its directors, officers, employees, contractors, sub-contractors or agents, (b) in respect of fraud or of any statements made fraudulently by that party or its directors, officers, employees, contractors, sub-contractors or agents, (c) for product liability claims arising under Part 1 of The Consumer Protection Act 1987 or (d) for claims for breach of statutory duty arising under s 41(1) of The Consumer Protection Act 1987.

6.3 To the furthest extent permitted by law and subject to clause 6.2, LM shall not be liable to you whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for any:

(a) loss of profit,

(b) loss of revenue,

(c) loss of anticipated savings,

(d) loss or corruption of data,

(e) loss of contract or opportunity,

(f) loss of goodwill or

(g) indirect or consequential loss (whether direct or indirect) of whatever nature including (without limit) any loss of a type described in (a) to (f) above, which could be regarded as indirect or consequential and whether or not reasonably foreseeable, reasonably contemplatable, or actually contemplated by you or us at the time of execution of these Terms;

(h) In the event that we shall be liable to you in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise, our liability shall be limited to the sums paid directly to LM by you in accordance with the Terms in the year in which the liability arose.

6.4 Without prejudice to your rights to terminate these Terms, your sole remedy at law, in equity or otherwise in respect of any claim against us shall be limited to damages.

6.5 Any action against us must be brought within 18 months after the cause of action arises.

6.6 For purposes of this section, “LM” or “us” includes LM employees, sub-contractors and suppliers.

6.7 We have a commitment to the privacy and confidentiality of our clients. However, the Internet is not a secure medium and there will be a risk that any data entered on the LM Site which is to be transmitted electronically may be intercepted before reaching its destination. We do not assume any responsibility for guarding against the acts of third parties in exploiting any intercepted data.

6.8 The LM Site may contain hypertext links to internet sites (such as those of its External Suppliers) which are not operated or controlled by us (the "Third Party Sites"). These links are provided for convenience only and we do not endorse, nor purport to control, monitor or verify the contents of Third Party Sites. You agree that we will not liable for the contents of Third Party Sites and any loss, damage, or injury sustained by you or any third party arising out of use of them.

7 Force Majeure

7.1 “Force Majeure Event” means an event beyond our reasonable control including but not limited to strike, lock-out labour dispute, act of God, war, civil commotion, malicious damage, compliance with law or government order rule, regulation or direction, a breakdown of plant or machinery, fire, flood, storm and other circumstances affecting the supply of goods and services.

7.2 We will not be responsible to you for any delay in performance or non-performance of the LM Services or the Supplier Services due to a Force Majeure Event. Following the occurrence of a Force Majeure Event which causes such a delay or inability to perform on our part, we shall inform you in writing stating:

(a) that the event has been delayed and/or performance under these Terms has been prevented as a result;

(b) the action we propose to take in the light of the Force Majeure Event; and

(c) provide a time-table for performance of the delayed services.

8 Intellectual Property and Copyright

8.1 You acknowledge and agree that all copyright, database rights and any other intellectual property rights (including confidential information and rights in software) which subsist in the design, layout, processes, functions, data and content of the LM Site are our property, or where appropriate, its information providers, advertisers and other licensors, and are protected by applicable laws.

8.2 Accordingly, you acknowledge and agree that no part of the LM Site may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising the LM Site meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

9 Termination

9.1 This Agreement will automatically terminate (a) following the provision of the Supplier Services stipulated in the Application Form; or (b) as between Members and LM expiring of Membership in accordance with clause 4.1.

9.2 We may terminate these Terms with immediate effect by providing you with 24 hours’ notice in the event of a failure by you to pay any of the sums referred to in clause 3 of these Terms [within 7 days of such sum becoming due], material breach of these Terms by you, your death, or the making of a bankruptcy order.

10 Consequences of Termination

10.1 Termination of these Terms howsoever arising shall not affect the accrued rights of you and/or us which arise in any way out of these Terms as at the date of termination and in particular, but without limitation, the right to recover damages against the other party. For the avoidance of doubt the provisions of clauses 3, 5, 6, 8 and 13 shall survive the termination of these Terms howsoever arising.

10.2 Within [7] days of termination of these Terms you shall pay all monies still owing to us or any External Supplier at the date of termination. On payment by you of any outstanding monies owing to us or any External Supplier, we may at our discretion refund any fee pro rata in respect of any unexpired term of membership.

10.3 In the event that any outstanding monies are not paid within [7] days of termination these outstanding monies shall immediately be deducted from the unexpired portion of the Membership Fee and in respect of any sums still left owing be debited directly from your credit card/bank account.

11 Severability

Each provision of these Terms is severable and distinct from the others. If a provision of these Terms is or becomes to any extent illegal, invalid or unenforceable it shall to that extent be deemed not to form part of these Terms but that will not affect the legality, validity or enforceability of any other provision of these Terms, which shall continue in force and effect.

12 Waiver
The failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.

13 Governing Law and Jurisdiction

13.1 The application form and these terms and conditions are governed by and shall be construed in accordance with the laws of England and Wales. If not actually the case the contract which binds those who access LM’s Site, whether they purchase the LM Services or otherwise, shall be deemed to have been made in England.

13.2 The courts of England and Wales have exclusive jurisdiction to hear and decide any suit action or proceedings and to settle any disputes which may arise out of or in connection with the Application form and these terms and conditions and for these purposes each party irrevocably submits to the jurisdiction of the courts of England and Wales, notwithstanding that these Terms may be enforced in the courts of any competent jurisdiction

14 Our Company details and Address

Life Managers welcomes your comments, questions and feedback. You may contact us by any of the following means:
Life Managers Limited

Email: comments@lifemanagers.co.uk

Life Managers Limited
Springfield House
Graig Penllyn
Cowbridge
CF71 7RU

19/12/02

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