Terms and Conditions

Please read all these terms and conditions.

Application

These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Gaiya whose trading name is GAIYA LIMITED a company registered in England and Wales under number 10760631 whose registered office is at Maudslay Building, 50 Shakespeare St, Nottinghamshire, NG1 4FP with email address miles@gaiya.co; (the Supplier or us or we).

Interpretation

1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

2. Contract means the legally-binding agreement between you and us for the supply of the Services;

3. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

4. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

5. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

6. Website means our website gaiya.co on which the Services are advertised.

Services

7. The description of the Services is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only.

8. All Services which appear on the Website are subject to availability.

9. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

10. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

11. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information

12. We retain and use all information strictly under the Privacy Policy.

13. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Conformity

14. We have a legal duty to supply services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

15. It is not a failure to conform if the failure has its origin in your materials.

16. We will supply the Services with reasonable skill and care.

17. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

18. The Contract continues as long as it takes us to perform the Services.

19. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

b. is subject to any step towards its bankruptcy or liquidation.

20. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

21. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

22. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Excluding liability

23. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer.

Governing law, jurisdiction and complaints

24. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

25. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

26. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 30 days.

Attribution

27. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

If you have any queries, please either sent us a letter or email to the following:

Gaiya
Maudslay Building,
50 Shakespeare St,
Nottinghamshire

NG1 4FP

Email address: miles@gaiya.co

 

Last Edited: 20-03-2018