1 Overview

We are Xiva, the provider of Services available for purchase through the Online Booking System.

Our Registered office is: Pure Offices Cheltenham

Our contact address is: info@xiva.com

Our Online Booking System is hosted on Xiva, a digital platform where we, the Merchant, offer a curated selection of Services to our valued customers. Whenever referring to Xiva platform in this agreement we call it simply "Platform".

In this agreement, when we mention "Customer", we're referring to you—the individual or entity choosing to buy Services from our online store. The "Online Booking System" represents our digital storefront on the Platform, a space designed to showcase our offerings and facilitate your purchases.

When we refer to "Service(s)" refer to intangible, non-physical offerings you can purchase from us. This category may encompass a range of services including gardening, hairdressing, consulting, digital content delivery, online courses, and other professional services tailored to meet the needs of our customers.

This agreement outlines the terms and conditions under which you, the customer, engage with us for the purchase of our Services. By choosing to buy from our Online Booking System, you're not just getting quality Services; you're also agreeing to these terms, ensuring a transparent and trustworthy shopping experience for everyone involved.

By engaging with our Online Booking System for your purchase needs, you accept the provisions of this agreement, which is designed to ensure a seamless transaction from browsing to after-sales support. Let's make your shopping experience with us as enjoyable and satisfying as possible.

2 General Terms of Sale

2.1 Scope

This section of our agreement covers the sale of Services available through our Online Booking System. It applies to all transactions made within our digital storefront, ensuring that every purchase you make is governed by a set of clear, fair terms. Whenever you're booking a specific Service, these terms are designed to protect both your interests as a customer and our rights as a merchant.

2.2 Acceptance of Terms

By completing an order through our Online Booking System, you, the Customer, are acknowledging and agreeing to the terms laid out in this agreement. Your agreement signifies your understanding of these terms and your commitment to follow them throughout the purchasing process. It's important to read and understand this agreement before you buy, as making a purchase signals your full acceptance of these conditions.

We've crafted these terms to ensure a transparent and trustworthy relationship with you. By agreeing to these terms, you're joining us in a commitment to uphold the integrity of the transaction process, ensuring a positive experience for everyone involved.

3 Descriptions and Availability

3.1 Service Descriptions

We pledge to provide clear, accurate, and comprehensive descriptions of each Service offered for sale on our Online Booking System. This commitment ensures that you, the Customer, can make informed decisions based on reliable information regarding features, benefits, and specifications of our Service lineup. Our goal is to ensure that what you see and read on our Online Booking System closely matches what you purchase, avoiding misunderstandings and ensuring satisfaction with your acquisition. Notwithstanding, it should be noted that we retain control and the right to change the description of each Service at any time.

3.2 Availability

Please be aware that the availability of our Services is subject to change without prior notice. While we strive to keep our Online Booking System updated with the latest Service availability information, there may be occasions when a Service becomes unavailable after you have placed an order. In such instances, we will promptly inform you of the situation and offer alternatives, including substitution, backorder options, or a full refund. This flexibility aims to accommodate the dynamic nature of online sales and service offerings, ensuring that your experience with our Online Booking System remains positive and responsive to your needs.

4 Pricing and Payment

4.1 Pricing

The price for each Service we offer will be clearly displayed alongside its individual listing on our Online Booking System. We commit to providing up-to-date and accurate pricing information to help you make an informed purchasing decision.

4.2 Taxes and Additional Fees

All prices listed for our Services are inclusive of taxes. This means the price you see is the price you pay, with no hidden fees or additional tax charges added at checkout.

4.3 Accepted Payment Methods

We accept a variety of payment methods to make your transaction as convenient as possible. The specific payment methods available will be displayed on our Online Booking System and otherwise will be displayed to you at the time of placing the order. Each payment method may come with its own terms and conditions, which we encourage you to review before making your purchase. Please note that we don't handle any card payment details nor sensitive payment data ourselves as this is done by our payment service providers.

5 Ordering Process

5.1 Placing Orders

To place an order through our Online Booking System, simply select the Service you wish to purchase, complete the required information, choose your preferred payment method, and follow the prompts to complete the order or perform a booking. We've designed our order process to be straightforward and user-friendly, guiding you through each step. If you encounter any difficulties or have questions about placing an order, please don't hesitate to contact us for assistance.

5.2 Customer Account

When you place an order on our Online Booking System, you will have the option of registering for a customer account. To set up your customer account on our Online Booking System, we will ask for your phone number. You'll receive a confirmation code via SMS to verify your phone number. In your customer account, you will be able to see your contact details and history of orders, among other things.

From your customer account, you can reschedule or cancel your appointments for Services.

On subsequent purchases, we may use the information stored with your customer account to pre-populate some fields for you with the information previously provided. You always have the opportunity to amend any fields that we pre-populate at the point of placing a new order.

If you wish to delete your customer account and all personal data stored in it, please contact us.

5.3 Order Acceptance

Some Services may require confirmation by us, in this case, you will receive a notification stating that your order is being processed and subject to our approval.

An order is considered accepted by us once you have received a confirmation message or email that includes the details of your purchase and a unique order number. This confirmation acts as our commitment to fulfilling your order according to the terms outlined in this agreement and the specifics of the Service you've selected. Please review your order confirmation carefully and notify us immediately if any details are incorrect.

5.4 Cancellation Policy for Services

a) Customer Cancellations: You may cancel your booking of a Service that still has more than 24 hours until its performance. To cancel an order, please do so through your account on our Online Booking System or contact us with your order number and cancellation request.

b) Merchant Cancellations: We reserve the right to cancel any order due to unforeseen circumstances, such as unavailability, place of performance outside of our service coverage area or errors in pricing information. In the event of a cancellation on our part, we will notify you as soon as possible.

Please refer to clause 7 to learn more about returns, refunds and exchanges.

6 Provision of Services

Our Services are designed to be as accessible and convenient as possible, including the ability to book the specific time when the Service will be performed directly through our Online Booking System. When booking a Service, you will be prompted to select a time slot that suits your schedule. We will then confirm your booking via email, including all necessary details about the Service provision and any preparations or obligations on your part prior to the Service. It's important to us that the Service provision process is clear and tailored to meet your needs, ensuring satisfaction with the Services provided.

7 Returns, Refunds, and Exchanges

Our return policy is designed to give you peace of mind and ensure a fair process for addressing any concerns with your purchase. When you've booked a Service, we're committed to ensuring your satisfaction. More details on our refund and exchange policy can be found on our Cancellation and Rescheduling page on our Online Booking System.

a) Cancellation: If you need to cancel a booked Service, you may do so through your account on our Online Booking System or contact us.

b) Rescheduling: If you wish to reschedule a booked Service, please do so through your account on our Online Booking System or contact us to arrange a new time based on availability.

8 Warranties and Disclaimers

8.1 Merchant Warranties

We stand behind the quality of our Services and provide warranties specific to the Services purchased, as detailed in each Service description. These warranties cover defects in materials and workmanship for a specified period following your purchase. Should you encounter any issues that fall under the warranty, we commit to repairing, replacing, or refunding the defective Service in accordance with the terms outlined in the warranty.

8.2 Disclaimers

a) "As Is" Sales: Except for the express warranties provided, all Services are offered as is, with no implied warranties or guarantees. This means that once you purchase a Service, you accept it in its current state, except as expressly covered by any merchant warranties.

b) Limitation of Liability: While we ensure that all Service descriptions are accurate and the Services meet your expectations, we cannot guarantee that every Service will meet your specific needs or preferences. Our liability for any dissatisfaction, defects, or failure of the Services to perform is limited strictly to the remedies provided under the express warranties mentioned above.

c) No Guarantees for Uninterrupted Service: For Services, we do not guarantee that the Service provision will be uninterrupted or error-free. We will strive to ensure that any scheduled Service is performed at the agreed-upon time, but factors beyond our control may cause delays or necessitate rescheduling.

d) Third-Party Services: Any third-party Services sold or recommended through our Online Booking System are subject to the warranties and policies of the respective providers. We disclaim any liability for these third-party offerings, and any claims or concerns should be directed to the respective third-party providers.

9 Limitations of Liability

Our responsibility for any issues arising from the Services provided through our Online Booking System is limited to the direct actions we can take to rectify such issues, such as refunds, replacements, or repairs as outlined in our rescheduling policy and warranty provisions. Beyond these remedies, we shall not be held liable for any indirect, incidental, consequential, or special damages resulting from the use of, or the inability to use, our Services, including but not limited to, damages for lost profits, data loss, or business interruption. This limitation of liability applies even if we have been advised of the possibility of such damages.

10 Data Protection

We take the privacy and security of your data seriously. In line with applicable privacy laws and regulations, here's how we handle your information:

a) Collection and Use: We collect only the data necessary to fulfill your orders, provide customer service, and enhance your shopping experience. This includes, but is not limited to, your name, contact information, and payment details. Your data is used to process transactions, communicate with you about your orders, and improve our Services based on customer feedback.

b) Protection: We implement robust security measures to protect your personal information against unauthorised access, alteration, disclosure, or destruction. Our security protocols ensure that your data is handled securely throughout every transaction.

c) Sharing: Your personal data will not be sold, exchanged, or shared with any third parties without your consent, except as required for the provision of the Services purchased (e.g., Platform operator), or as required by law.

d) Retention: We retain your personal data only for as long as necessary to provide you with our Services and as required by applicable law. After this period, your data will be securely deleted or anonymised.

e) Your Rights: You have the right to access, correct, or delete your personal data held by us. You also have the right to restrict processing or to object to processing as well as the right to data portability, subject to some exceptions that arise out of our obligations or as established in law. If you wish to exercise any of these rights, please contact us.

More details on how we handle your personal data can be found on our Privacy Policy page on our Online Booking System.

By making orders through our Online Booking System, you acknowledge and agree to our data handling practices as outlined above. Our commitment to data protection ensures that your personal information is treated with the utmost care and respect, adhering to the highest standards of privacy and security.

11 Dispute Resolution

11.1 Initial Contact

Should any disputes arise from or in connection with this agreement, we strongly encourage you to contact us as the first step towards resolution. Our aim is to resolve any issues amicably and efficiently, understanding your concerns and finding a satisfactory solution. You can reach us via the means detailed on our Online Booking System.

11.2 General Negotiations

Before engaging in any formal legal proceedings, both parties should attempt to resolve the dispute through direct negotiations. Most issues can be resolved through open communication and a genuine effort to understand each party's perspective and concerns. It is only when these general negotiations do not lead to a resolution that legal action should be considered as a last resort.

11.3 Legal Remedies

In the event that direct negotiations fail to resolve a dispute arising from or related to this agreement, both parties retain the right to seek remedies through competent courts. Should it become necessary to pursue legal action, such action will be taken in the courts of England and Wales, which have been mutually agreed upon as having exclusive jurisdiction over disputes under this agreement.

12 Miscellaneous Provisions

12.1 Notifications

All notifications under this agreement shall be sent via email to the address specified by the Customer when placing an order and published on our Online Booking System for general notices. It is the Customer's responsibility to ensure that their email address is current and that emails from the Merchant are not blocked or treated as spam.

12.2 Entire Agreement

This document, including any appendices and references made herein, constitutes the entire agreement between you, the Customer, and us, the Merchant, regarding the sale and purchase of Services through our Online Booking System. This agreement supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this agreement will be effective unless in writing and signed by both parties.

12.3 Severability

If any provision of this agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

12.4 Waiver

The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach of this agreement shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

12.5 Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under this agreement where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: natural disasters, war, terrorism, industrial disputes, pandemic, governmental restrictions, and/or any other circumstances amounting to force majeure. Both parties will inform each other as soon as reasonably possible upon becoming aware of a force majeure event affecting their obligations.

12.6 Governing Law and Jurisdiction

This agreement and any disputes or claims arising out of or in connection to it are governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.

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