Last updated: July 1, 2024
Welcome to Open Fenmead. These Terms and Conditions ("Terms") govern your use of the Open Fenmead website (openfenmead.xyz) and all related services (collectively, the "Services") provided by Open Fenmead Ltd. ("Open Fenmead," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use our Services.
1.1. By accessing our website, booking styling services, creating an account, or otherwise using our Services, you confirm that:
1.2. If you are using the Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms, and such business or organization agrees to be bound by these Terms.
2.1. Open Fenmead provides professional styling services, including but not limited to personal styling, wardrobe audits, personal shopping, event styling, and virtual styling consultations.
2.2. Our website provides information about our services, blog content related to fashion and styling, and the ability to book consultations and services.
2.3. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice or liability.
3.1. Account Creation: Some portions of our Services may require you to create an account. When you register, you agree to provide accurate, current, and complete information.
3.2. Account Responsibility: You are responsible for:
3.3. Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
4.1. Service Booking: When booking our styling services, you agree to provide accurate and complete information regarding your styling needs, preferences, and any relevant personal details.
4.2. Appointment Confirmation: Your booking is not confirmed until you receive an official confirmation from Open Fenmead, which may be in the form of an email or other written communication.
4.3. Cancellation Policy: We require at least 48 hours' notice for cancellations or rescheduling. Late cancellations or no-shows may result in charges as outlined in our Refund Policy.
4.4. Service Delivery: We strive to provide all services as described. However, the nature of styling services is subjective, and results may vary based on individual preferences, needs, and circumstances.
5.1. Pricing: All prices are listed in British Pounds (£) and are subject to change. Current pricing is available on our Services page.
5.2. Payment Methods: We accept various payment methods as indicated during the checkout process.
5.3. Payment Timing: Payment is required at the time of booking unless otherwise specified for certain services.
5.4. Taxes: All applicable taxes are included in the displayed prices unless otherwise noted.
5.5. Refunds: Our refund policy is outlined in our separate Refund Policy document, which is incorporated into these Terms by reference.
6.1. General Conduct: When using our Services, you agree not to:
6.2. Behavior During Services: When receiving our styling services, you agree to:
7.1. Our Content: All content on our website, including text, graphics, logos, images, videos, and software, is the property of Open Fenmead or our licensors and is protected by copyright, trademark, and other intellectual property laws.
7.2. Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes.
7.3. Restrictions: You may not:
7.4. User Content: If you provide us with any feedback, suggestions, ideas, or other content ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
8.1. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information.
8.2. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.
9.1. Our Services may contain links to third-party websites or services that are not owned or controlled by Open Fenmead.
9.2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
9.3. You acknowledge and agree that Open Fenmead shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
10.1. Service Provided "As Is": Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
10.2. No Guarantees: Open Fenmead does not guarantee any specific results from the use of our Services. Styling advice and recommendations are subjective, and individual results may vary.
10.3. Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall Open Fenmead, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
10.4. Maximum Liability: In no event shall our total liability to you for all claims arising from or relating to these Terms or your use of the Services exceed the amount paid by you to Open Fenmead for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.
10.5. Exceptions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
11.1. You agree to defend, indemnify, and hold harmless Open Fenmead, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
11.2. This defense and indemnification obligation will survive these Terms and your use of the Services.
12.1. Termination by You: You may terminate these Terms at any time by ceasing all use of our Services and closing your account (if applicable).
12.2. Termination by Us: We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
12.3. Effect of Termination: Upon termination, your right to use the Services will immediately cease. If your account is terminated, you may lose all information associated with your account, including your content.
12.4. Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
13.2. Dispute Resolution: Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause.
13.3. Arbitration Location: The seat, or legal place, of arbitration shall be London, England.
13.4. Language: The language to be used in the arbitral proceedings shall be English.
13.5. No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
13.6. Injunctive Relief: Notwithstanding the foregoing, Open Fenmead may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
14.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
14.2. We will provide notice of any significant changes by posting the new Terms on our website and/or sending you an email.
14.3. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
14.4. You are advised to review these Terms periodically for any changes.
15.1. Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Open Fenmead regarding our Services and supersede all prior agreements and understandings.
15.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15.3. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
15.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.
15.5. Force Majeure: We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or Internet service disruptions.
15.6. Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
15.7. Notices: Any notices or other communications provided by Open Fenmead under these Terms will be given by posting to the website or via email.
If you have any questions about these Terms, please contact us at:
Open Fenmead Ltd.
27 Hunter Estate
Port Karlview M44 6ZR
United Kingdom
Email: [email protected]
Phone: +449797330809
