TERMS OF USE

 

BACKGROUND: 

 

    These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.vivenda.space (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site AND/OR You will be required to read and accept these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale of services.  Please refer to our Terms of Sale for more information <<insert link to Terms of Sale>>.



  1. Definitions and Interpretation 

    1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to, product reviews, comments, texts, images, etc; and

“We/Us/Our”

means Vivenda.Space – Felicia Biekarck , a sole trader registered in England , whose registered address is 13 Fauconberg Road, London W43JZ.

 

  1. Information About Us

    1. Our Site, vivenda.space, is [owned and] operated by Vivenda.Space – Felicia Biekarck, a sole trader registered in England, whose registered address is 13 Fauconberg Road, London W43JZ.

 

  1. Access to Our Site

    1. Access to Our Site is free of charge.

    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

  1. Accounts

    1. Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.

    2. You may not create an Account if you are under 18 years of age.  If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

    3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

    4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols”.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]  We will not be liable for any unauthorised use of your Account.

    5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

    6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.

    7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

    8. If you close your Account, any User Content, e.g. reviews, comments etc.  you have created on Our Site will be deleted OR anonymised by e.g. removing your username and avatar.

 

  1. Intellectual Property Rights

    1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

    2. Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

    3. You may:

      1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

      2. Download Our Site (or any part of it) for caching;

      3. Print [one copy of any] page(s) from Our Site;

      4. Download extracts from pages on Our Site; and

      5. Save pages from Our Site for later and/or offline viewing.

    4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

    5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.]

    6. [Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]

 

  1. User Content

    1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments etc.

    2. An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

    3. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

    4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

    5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

    6. If you wish to remove User Content from Our Site, the User Content in question will be [deleted] OR [anonymised by removing your username and avatar].  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

    7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

 

  1. Links to Our Site

    1. You may link to Our Site provided that:

      1. you do so in a fair and legal manner;

      2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

      3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

      4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.


  1. You may not link to any page other than the homepage of Our Site, www.vivenda.space .  Deep-linking to other pages requires Our express written permission.

  2. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information.

  3. You may not link to Our Site from any other site the main content of which contains material that:

    1. is sexually explicit;

    2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

    3. promotes violence;

    4. promotes or assists in any form of unlawful activity;

    5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

    6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

    7. is calculated or is otherwise likely to deceive another person;

    8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

    9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

    10. implies any form of affiliation with Us where none exists;

    11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

    12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

  4. The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

  1. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Disclaimers

    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. 

    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

    3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning services for sale through Our Site.  Please refer to Our Terms of Sale for more information << link to Terms of Sale>>.

 

  1. Our Liability

    1. The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Terms of Sale <<ilink to Terms of Sale>>.

    2. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

    3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

    4. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

    5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

    6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

    7. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Viruses, Malware and Security

    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

    6. By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

  1. Acceptable Usage Policy

    1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12.  Specifically:

      1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

      2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

      3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

      4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

    2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

      1. is sexually explicit;

      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

      3. promotes violence;

      4. promotes or assists in any form of unlawful activity;

      5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

      6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

      7. is calculated or is otherwise likely to deceive;

      8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

      9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

      10. implies any form of affiliation with Us where none exists;

      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

      12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

    3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

      1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

      2. remove any User Content submitted by you that violates this Acceptable Usage Policy; 

      3. issue you with a written warning;

      4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

      5. take further legal action against you as appropriate;

      6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

      7. any other actions which We deem reasonably appropriate (and lawful).

    4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

  1. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from << link to Cookie Policy>> and << link to Privacy Policy>>.  These policies are incorporated into these Terms of Use by this reference.

 

  1. Changes to these Terms of Use

    1. We may alter these Terms of Use at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

    2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at https://vivenda.space/bookings

 

  1. Communications from Us

    1. If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from us at any time, it may take up to 90 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via https://vivenda.space/bookings

 

  1. Data Protection

We will only use your personal information as set out in Our Privacy Policy, available from << link to Privacy Policy>> and Cookie Policy << link to Cookie Policy>>.

 

  1. Law and Jurisdiction

    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 

    4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

 

Intellectual Property Notices

  1. Copyright Notice

© VIVENDA.SPACE / © Vivenda.Space | Felicia Biekarck , All Rights Reserved.

The content of this website is protected by the copyright laws of England and Wales and by international laws and conventions.  No content from this website may be copied, reproduced or revised without the prior written consent of Vivenda.Space / Felicia Biekarck.  Copies of content may be saved and/or printed for personal use only.

 

  1. Non-Registered Trade Mark Notice

VIVENDA.SPACE ™ is a trade mark of Vivenda.Space / Felicia Biekarck

PRIVACY NOTICE

 

BACKGROUND: 

 

    VIVENDA.SPACE | Felicia Biekarck understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

 

  1. Information About [Us] OR [Me]

VIVENDA.SPACE | Felicia Biekarck.

sole trader registered in England 

Registered address: 13 Fauconberg Road, London W43JZ

Data Protection Officer: Felicia Biekarck.

Email address: [email protected]

Telephone number: +442071930696.

Postal address: 13 Fauconberg Road, London W43JZ, UK

 

  1. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

 

  1. What Is Personal Data?

Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

 

  1. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

  1. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.

  2. The right to access the personal data we hold about you. Part 10 will tell you how to do this.

  3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.

  4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 11 to find out more.

  5. The right to restrict (i.e. prevent) the processing of your personal data.

  6. The right to object to us using your personal data for a particular purpose or purposes.

  7. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

  8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

  9. Rights relating to automated decision-making and profiling. we do not use your personal data in this way. 

  10. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

 

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 11.

 

  1. What Personal Data Do You Collect and How?

We may collect and hold some or all of the personal [and non-personal] data set out in the table below, using the methods also set out in the table.

 

Data Collected

How we Collect the Data

Identity Information including; name, title, date of birth, 

by use of hand written or digital form completed by you.

Contact information including address, email address, telephone number

by use of hand written or digital form completed by you.

Business information including business name, job title, profession

by use of hand written or digital form completed by you.

Payment information including card details, bank account numbers

by use of third party payment processing or given by you.

Profile information including purchase history

by use of invoice history.

Preferences

by use of hand written or digital form completed by you.

Feedback 

by use of hand written or digital form completed by you.

Health condition, only when relevant to the services provided

by use of hand written or digital form completed by you.

 

  1. How Do You Use My Personal Data?

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will may use your personal data, and our lawful bases for doing so:

 

What We Do

What Data We Use

My Lawful Basis

Administering our business.

Name, email, telephone number, postal address, date of birth, health conditions, payment card details, bank account details, personal feedback

“legitimate interests”, including but not limited to; communicate with you, provide adequate services, improve our services, for business transactions, make and receive payments.

Supplying our products AND/OR services to you.

Name, email, telephone number, postal address, date of birth, health conditions, payment card details, bank account details, personal feedback

“legitimate interests”, including but not limited to; communicate with you, provide adequate services, improve our services, for business transactions, make and receive payments.

Managing payments for our products AND/OR services.

Name, email, telephone number, postal address, payment card details, bank account details

“legitimate interests”, including but not limited to; communicate with you, provide adequate services, improve our services, for business transactions, make and receive payments.

Personalising and tailoring our products AND/OR services for you.

Name, email, telephone number, date of birth, health conditions

“legitimate interests”, including but not limited to; communicate with you, provide adequate services, improve our services, for business transactions, make and receive payments.

Communicating with you.

Name, email, telephone number, postal address.

“legitimate interests”, including but not limited to; communicate with you, provide adequate services, improve our services, for business transactions, make and receive payments, improve our services, special offers and business news.

Supplying you with information by email AND/OR post that you have opted-in-to (you may opt-out at any time by email to [email protected]

Name, email, telephone number, postal address

“legitimate interests”, including but not limited to; communicate with you, provide adequate services, improve our services, special offers and business news.

Providing you with adequate services

Health condition, preferences, purchase history

“legitimate interests”, including but not limited to; communicate with you, provide adequate services, improve our services.

 

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email AND/OR telephone AND/OR text message AND/OR post with information, news, and offers on our products AND/OR services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will not share your your personal data with third parties for marketing purposes .

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 11.

If [we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

 

  1. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

 

Type of Data

How Long We Keep It

Identity Information including name, title

no fixed period and/or until you request to be removed from the list and/or as required by law.

Contact information including address, email address, telephone number

no fixed period and/or until you request to be removed from the list and/or as required by law.

Business information including business name, job title, profession

no fixed period and/or until you request your contact to be deleted.

Payment information including card details, bank account numbers

1 year form the date of last appointment

Profile information including preferences and interests, purchase history

no fixed period and/or until you request to be removed from the list and/or as required by law..

Health condition, date of birth

only to relevant services and for a maximum of 7 years from the date of your last appointment.

 

  1. How and Where Do You Store or Transfer My Personal Data?

We will store some or all of your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.

AND/OR

We will only store or transfer personal data in or to countries that are deemed to provide an adequate level of protection for personal data. For further information about adequacy decisions and adequacy regulations, please refer to the Information Commissioner’s Office.]

.

 

  1. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to the following exception[s].

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.]

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.]

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.

If any personal data is transferred outside of the UK, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 8.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

 

  1. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, 

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 20 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

 

  1. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details for the attention of Felicia Biekarck:

Email address: [email protected]

Telephone number: 02071930696.

Postal Address: 13 Fauconberg Road, London W4 3JZ , UK.

 

  1. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be made available on our website www.vivenda.space. This Privacy Notice was last updated on 15. February 2022.

TERMS AND CONDITIONS

 

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

 

  1. to provision to customers of any Services (as “Services” is defined in Clause 1 below) by, namely VIVENDA.SPACE | Felicia Biekarck ; and 

 

  1. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

 

1.    Definitions and Interpretation 

 

  1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

Consumer” 

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Salon who receives Services for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business;

“Regulations”

means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“We/Us/Our” 

means VIVENDA.SPACE | Felicia Biekarck whose place of business and contact address is 13 Fauconberg Road, London W4 3JZ, United Kingdom 

“Services”

means any and all of the treatments, facilities, services, products and other goods and materials which we provide/use; and

“You/Your”

means an individual who is a customer of VIVENDA.SPACE | Felicia Biekarck.

 

  1. Unless the context otherwise requires, each reference in these Terms and Conditions to:

    1. “these Terms and Conditions” is a reference to these Terms and Conditions; and

    2. a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

  2. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

  3. Words signifying the singular number shall include the plural and vice versa; and

  4. References to any gender shall include the other gender. 

  1. Appointments

    1. The Services which We offer are only available by appointment.  You may book an appointment in person, via telephone, by email, through the Our website or Our social media accounts;

    2. Your request for a booking for an appointment will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request for a particular appointment, will there be a binding contract between You and Us.  If You wish to make a booking for two or more appointments by means a single booking and in Our discretion We accept that booking, Our contract with You will be for all of the appointments concerned;

    3. When You book an appointment, We may require You to pay Us a deposit some or all of which We will be entitled to keep as set out in sub-Clause 2.7 below if You later cancel the appointment without giving Us prior notice of at least 24 hours. Deposits shall be equal to [no more than] 100% of the price of the Services required;

    4. We will not reserve or guarantee any particular date and/or time which You request for any Services unless You book an appointment for that time/date;  

    5. If You know You are going to be late for an appointment, You should contact Us to tell Us.  If You arrive later than 15min after an appointment time, We will try to provide the Services You have booked but if We decide that We cannot, the appointment will be treated as cancelled without notice by You and, if We then decide to make a charge for that appointment cancelled without notice, sub-Clause 2.7 below will apply;

    6. You may cancel an appointment without charge if You give Us at least 24 hours prior notice of the cancellation, and if You do so We will refund to You any sum (including, but not limited to any deposit) You paid in advance;

    7. If You do not give Us at least 24 hours prior notice of cancellation of an appointment, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but not more than 100% of the full price of the appointment.  We will be entitled to deduct that charge from any sum (including, but not limited to any deposit) You paid in advance, and We shall refund the balance to You;

    8. If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel an appointment without giving Us at least 24 hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 2.5 and 2.7;

    9. We may cancel an appointment booked by You at any time before the time and date of that appointment in the following circumstances:

      1. The required personnel and/or required materials necessary for the provision of the Services are not available; or

      2. An event outside of Our reasonable control continues for more than 24 hours; or 

      3. We find that you are not a “Consumer” (as defined in Clause 1 above);

  If We cancel an appointment in such circumstances We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment;

2.10    We will use all reasonable endeavours to start the Services at the appointment time which You have booked, but the start may be delayed by overrun of a previous appointment or by other circumstances. If a delay to the start is at least 30 minutes, or, if at any time before or after You arrive for an appointment We notify You that there will be a delay of at least that time, You may cancel the appointment and We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment; and 

  1. Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 2.11, and they will be in addition to the rights given to You by the above provisions of this Clause 2. You may for any reason cancel a booking during the 14 day period after We accept that booking, but if the booking includes any appointment(s) on a date which is before the end of that period, and if You have expressly requested Us to provide any Services at that or those appointment(s) and We do so, You may not cancel that or those requested appointment(s) and You must pay for them in accordance with Clause 3, and You may only cancel any other appointment(s) covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 2.11, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the appointment(s) covered by that booking that You have attended.

 

  1. Fees and Payment

    1. You must pay in accordance with Our Price List for all Services on completion of those that We have fully and correctly provided to You;

    2. You may pay Us for Services (and for any deposit or other advance payment on account of that payment) using any of the following methods:

      1. credit / debit card;

      2. cash;

      3. gift voucher; or

      4. Bank transfer;

    3. We may alter Our prices without prior notice, but if the price of any Services increases between the time when You book an appointment and the date of the appointment, the price increase will not apply to Your appointment for those Services on that date; and

    4. All prices of Services shown in the Price List are inclusive of VAT.

  2. Eligibility for Treatment

    1. You confirm that, in connection with your request(s) to receive any Services from Us, You are and will be a “Consumer” as defined in Clause 1 above;

    2. We will not provide certain treatments to You unless You are aged 18 or over. We may require evidence of Your age for that purpose;

    3. We will not provide certain treatments to You if You are aged under 18 unless You have parental consent. We may require evidence of Your age for that purpose;

    4. If You have a medical condition, certain treatments may be unsuitable for You.   We advise You to tell Us of any medical condition or on-going medical treatment when You book an appointment.  If You do not tell Us at that time We will be entitled not to provide a treatment (or part of it) and to treat the appointment (or the affected part of it) as cancelled by You without notice, in which case We may make a charge to You for the cancelled appointment (or part of it) as set out in sub-Clause 2.6 above;

 

  1. Gift Vouchers

    1. Gift vouchers are available from Our website;

    2. Gift vouchers are available [in multiples of £10] AND/OR [for specific treatments];

    3. Gift vouchers are valid either for the period specified on the gift voucher or, where no period is specified, indefinitely; and

    4. Gift vouchers may be redeemed only for treatments or products which We provide and may not be redeemed partly or wholly for cash.

  2. Limitation of Liability

    1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our  contract with You is created.  We will not be responsible for any loss or damage that is not foreseeable;

    2. We provide or sell all Services to You only for Your personal and private use/purposes.  We make no warranty or representation that products, or other goods or materials that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale).  We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity; 

    3. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation;

    4. Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

      1. the Consumer Rights Act 2015; 

      2. the Regulations; 

      3. the Consumer Protection Act 1987; or

      4. any other consumer protection legislation 

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

  1. Changes to Terms and Conditions 

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

  1. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Notice available from www.vivenda.space

  1. Regulations 

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

  1. Information

As required by the Regulations:

 

  1. all of the information described in Clause 10; and 

  2. any other information which We give to You about any Services which You take into account when deciding to make a booking or when making any other decision about the Services; 

 

will be part of the terms of Our contract with You as a Consumer

  1. Complaints

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint about the VIVENDA.SPACE | Felicia Biekarck any of Our staff, please raise the matter with Felicia Biekarck who can be contacted by phone +442071930696 or email [email protected] or post to 13 Fauconberg Road, London W4 3JZ.

 

  1. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

  1. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

  1. Law and Jurisdiction

    1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales 

    2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.

    3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.