Terms & Conditions

Introduction

Welcome to Open Groves. These Terms & Conditions ("Terms") govern your access to and use of the Open Groves website (opengroves.sbs), mobile applications, and services (collectively, the "Services"). Open Groves is a professional styling service providing personal styling, wardrobe organization, event styling, and related services.

The Services are operated by Open Groves Ltd, a company registered in England and Wales with company number 40983606 and registered office at Studio 08, Owen Knolls, North Evelyn, NE10 8JX, United Kingdom.

Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

These Terms constitute a legally binding agreement between you and Open Groves. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

Changes to Terms

We may modify these Terms at any time by posting updated Terms on our website. Your continued use of the Services after we post any modifications to the Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

We will notify you of material changes to these Terms by posting a notice on our website or sending you an email. For less significant modifications, we may solely update the Terms on our website without specific notification.

Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding contract.

If you are using the Services on behalf of a business or organization, you further represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to these Terms.

Account Registration

Some features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to keep this information updated. You are responsible for safeguarding your account credentials and for any activity that occurs under your account.

You agree to:

• Create only one account;
• Provide accurate information when registering;
• Maintain the security of your account credentials;
• Promptly notify us of any unauthorized use of your account; and
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we believe you have violated these Terms.

Services

Open Groves offers professional Open Groves, including but not limited to:

• Personal styling consultations;
• Wardrobe organization and management;
• Event styling;
• Virtual styling sessions;
• Shopping assistance; and
• Style education and workshops.

Services may be provided in-person, virtually, or through a combination of methods, as agreed upon at the time of booking. The specific details, scope, and deliverables of each service will be communicated to you before you make a booking.

We reserve the right to modify, suspend, or discontinue any of our Services at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

Bookings and Appointments

You may book our Services through our website, by email, by phone, or through other designated booking channels. All bookings are subject to availability.

When making a booking, you agree to:

• Provide accurate and complete information;
• Arrive on time for scheduled appointments;
• Cooperate with your stylist during the service provision; and
• Comply with our cancellation and rescheduling policies.

We reserve the right to refuse service to anyone for any reason at any time.

Payments and Fees

The prices for our Services are listed on our website or will be provided to you before booking. All prices are in British Pounds (GBP) and include applicable taxes unless otherwise stated.

Payment terms vary depending on the service:

• For most services, a non-refundable deposit (typically 30% of the total fee) is required to secure your booking.
• The remaining balance is due before or at the time of service delivery, as specified in your booking confirmation.
• For packages and ongoing services, payment plans may be available as detailed in your service agreement.

We accept payment by credit/debit card, bank transfer, and other specified payment methods. You agree to provide accurate billing information and authorize us to charge the designated payment method for all fees incurred.

Late payments may incur additional fees. For overdue payments, we reserve the right to:

• Charge late payment fees of 5% of the outstanding amount;
• Suspend provision of Services until payment is received; and
• Take appropriate legal action to recover outstanding payments.

Cancellations and Rescheduling

Our cancellation and rescheduling policy is as follows:

• Cancellations by You:
  • Cancellations made more than 48 hours before a scheduled appointment may be eligible for a refund of fees paid (excluding the non-refundable deposit).
  • Cancellations made less than 48 hours before a scheduled appointment are not eligible for a refund.
  • No-shows will be charged the full service fee.
• Rescheduling by You:
  • Rescheduling requests made more than 48 hours before a scheduled appointment can be accommodated at no additional charge, subject to availability.
  • Rescheduling requests made less than 48 hours before a scheduled appointment may incur a rescheduling fee of 20% of the service cost.
• Cancellations or Rescheduling by Us:
  • If we need to cancel or reschedule your appointment, we will notify you as soon as possible.
  • You will be offered the option to reschedule or receive a full refund of all fees paid.
  • In case of unforeseen circumstances (illness, severe weather, etc.), we will make every effort to reschedule your appointment at a mutually convenient time.

All cancellations and rescheduling requests must be made in writing via email to [email protected] or through our online booking system.

Intellectual Property

All content on our website and Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Open Groves or its content suppliers and is protected by UK and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal, non-commercial use. You may not:

• Reproduce, distribute, publicly display, or publicly perform any portion of our Services;
• Modify or create derivative works based on our Services;
• Use any data mining, robots, or similar data gathering and extraction methods on our Services;
• Use our Services for any commercial purpose; or
• Use our Services in any manner that could damage, disable, overburden, or impair our servers or networks.

Style advice, styling plans, and other deliverables provided as part of our Services are for your personal use only. You may not share, sell, or distribute these materials without our express written permission.

User Content

You may have the opportunity to submit or post content, such as photos, reviews, or comments ("User Content") through our Services. You retain ownership of your User Content, but by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our Services and our business, including for promoting and redistributing part or all of our Services.

You represent and warrant that:

• You own or have the necessary rights to your User Content and have the right to grant the license above;
• Your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person; and
• Your User Content does not contain any material that is defamatory, obscene, illegal, threatening, or harassing.

We have the right, but not the obligation, to monitor and edit or remove any User Content. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over our Services.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law, rule, or regulation;
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Interfering with or disrupting our Services or servers or networks connected to our Services;
• Using our Services to transmit any computer viruses, worms, trojan horses, or other malware;
• Attempting to gain unauthorized access to any part of our Services;
• Harassing, threatening, or intimidating our stylists, staff, or other clients;
• Using our Services for any illegal or unauthorized purpose; or
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of our Services.

Disclaimers

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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that:

• Our Services will meet your specific requirements;
• Our Services will be uninterrupted, timely, secure, or error-free;
• The results that may be obtained from the use of our Services will be accurate or reliable; or
• Any errors in our Services will be corrected.

Style advice provided through our Services is based on our professional opinion and experience. The suitability of any advice for your specific circumstances depends on various factors, including your personal preferences, body type, lifestyle, and budget. We do not guarantee that you will be satisfied with all styling recommendations.

We are not responsible for any purchases you make based on our recommendations. All purchasing decisions are ultimately your responsibility.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Open Groves, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES 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:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES;
• ANY CONTENT OBTAINED FROM OUR SERVICES; OR
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless Open Groves, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content;
• Your use of our Services; or
• Your violation of any rights of a third party.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Dispute Resolution

We encourage you to contact us directly if you have any concerns or disputes related to our Services. Most concerns can be resolved quickly to our clients' satisfaction by contacting us at [email protected].

If we cannot resolve the dispute informally, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of England and Wales, and you consent to the personal jurisdiction of such courts.

Governing Law

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule.

Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

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.

General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Open Groves concerning your use of our Services.

Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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 to the fullest extent under law.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

Contact Us

If you have any questions about these Terms, please contact us at:

Open Groves
Studio 08, Owen Knolls
North Evelyn, NE10 8JX
United Kingdom
Email: [email protected]
Phone: +44 0115 657 430

These Terms & Conditions are effective as of May 15, 2023.