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Terms & Conditions
Your use of Our Site and our Booking Service is subject to these terms and conditions together with any additional terms and policies referred to in them (“Our Terms").
These terms and conditions of service together with any terms and policies referred to in them (" Our Terms ") constitute a legally binding agreement between you and City Sports Massage Ltd (" City Sports Massage ", " we ", " us " or " our "). City Sports Massage is a private limited company registered in England and Wales with company No. 6587456 whose registered office is located at the following address: 35 Ballards Lane, Finchley Church End, London, England, N3 1XW.
City Sports Massage provides a booking service (the "Services") for massage therapy treatments and other therapy services ("Therapy Treatments") that are performed in each and every case by independent self-employed professional massage therapists ("Independent Therapists"). In providing this booking service, City Sports Massage acts as the agent of these Independent Therapists. City Sports Massage has no responsibility for any Therapy Treatments which you book through us: we instead are responsible for facilitating the booking process, as well as providing some other services as outlined below.
The Services we offer allows you to purchase Therapy Treatments from the Independent Therapists shown on our site. As part of the Services, we also provide services such as arranging bookings for Therapy Treatments with Independent Therapists, and providing you with customer service assistance.
However the contract for the purchase of the Therapy Treatments is between you and the Independent Therapists. This means that it is the Independent Therapist (not City Sports Massage) who is legally responsible for providing the Therapy Treatments to you.
City Sports Massage remain responsible in respect of its obligations to you in accordance with these Terms and Conditions which shall be legally binding. If you have any feedback or questions we can be contacted directly via our Customer Services Team at email@example.com. City Sports Massage will be the point of contact for the Customer for Customer Service questions.
City Sports Massage shall, if requested, provide go-between services between you and Independent Therapists in connection with Customer Service matters.
In order to use the Services you must be over 18 years of age.
When you book with City Sports Massage the Therapy Treatment you receive will be subject to the Independent Therapists' terms and conditions as set out in the Client Consultation Form ("Independent Therapists' T&Cs") which you can request by emailing firstname.lastname@example.org. You will be asked to confirm your acceptance of them prior to receiving the Therapy Treatments. The Independent Therapist's T&Cs will form the basis of your agreement with the Independent Therapist for your Therapy Treatment (each a "Treatment Agreement"). City Sports Massage is not a party to any Therapy Treatment Agreement: this will solely be between you and the Independent Therapist who provides you with your Therapy Treatment.
Our Terms govern your use of our website ("Our Site ") and our telephone and online booking services (collectively " Our Booking Services "). By using Our Site or Booking Services, you agree to abide by Our Terms.
If you do not accept Our Terms, you must not make a booking through City Sports Massage for any Therapy Treatment.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 requires City Sports Massage to give you certain key information for there to be a legally binding contract between you and us. This information is set out below [and is also linked in the email which we will send to you to confirm any booking you make through us with an Independent Therapist].
Details on how to make a booking are set out below. If we wish to change any key information once a legally binding contract is made, we can only do this if you agree to it.
We only conclude contracts in the English language.
You confirm that you are of legal age to access and use Our Site and/or Our Booking Services and of legal capacity to agree to Our Terms. You are not eligible to use Our Booking Services if you are under the age of 18.
When registered through Our Booking Services you will be able to book Therapy Treatments with an Independent Therapist of your choice.
BOOKING PROCESS & PAYMENT
You can make a booking through Our Booking Services by choosing an Independent Therapist up to 4 weeks in advance.
Your payment details will be requested at the time of booking and full payment of the Treatment Fee will be collected by us on behalf of the Independent Therapist at the time you make a booking.
Full details of the prices can be seen on our site.
The Treatment Fee belongs to the Independent Therapist who provides the Therapy Treatment. City Sports Massage collects the Treatment Fee from you as their agent. For each booking made through us, we charge the relevant Independent Therapist agreed fees for booking you with that Independent Therapist (" Our Agent's Fee "). We have an agreement with each Independent Therapist under which we are entitled to deduct Our Agent's Fee from the Treatment Fee paid by you for the Therapy Treatment.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Therapy Treatment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of City Sports Massage, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
All payments by credit card or debit card need to be authorised by the relevant card issuer.
By making a booking you agree to provide complete, correct and true information including without limitation billing and payment information.
Once your booking is accepted and confirmed, you will receive confirmation of your appointment by email as long as you have requested at the time of booking that you wish to receive email confirmations. If you have not requested email notifications you may not receive an email confirmation.
By making a booking, you are responsible for full payment of the applicable Treatment Fee.
All Treatment Fees are payable through Our Booking Services. As noted above, we collect payment of Treatment Fees on behalf of the Independent Therapist to whom we charge Our Agent's Fee.
Please note that all fees and charges are exclusive of VAT and VAT will be charged by the Independent Therapist at the prevailing rate where applicable.
The price of Therapy Treatments varies according to the Independent Therapist and duration of the Therapy Treatment you book. Treatment Prices are set from time to time and the Treatment Price you will be required to pay for a specific Therapy Treatment will be determined by reference to the Treatment Prices in force at the date when that Therapy Treatment is booked. The time you book with the Independent Therapist of your choice is always inclusive of consultation and changing time.
In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking or an inability of the booked Independent Therapist to provide the Therapy Treatment as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation.
CANCELLATION & REFUNDS
Please be aware before booking that appointments rescheduled, cancelled or not attended are charged at the full amount unless 24 hours notice is given.
Appointments can be cancelled or rescheduled by speaking with a receptionist, or online here.
In the case of cancellations being made online or via telephone with more than 24 hours notice, your account will be credited until you wish to reschedule. If you have cancelled with more than 24 hours notice and you wish to be refunded to your bank account, please call our reception team on 0333 358 8888, and they can process this refund.
Once your cancellation is accepted and confirmed, you will receive confirmation by email as long as you have requested at the time of cancellation that you wish to receive email confirmations. If you have not requested email notifications you may not receive an email confirmation.
LATE ARRIVAL TO APPOINTMENTS
If you are late, please be aware that your therapist may not be able to go over the time slot originally booked, as other clients may be waiting. If your therapist is running late however, you will always get the full time you booked.
ANNUAL ROLLING MONTHLY MASSAGE PACKAGE
Your package includes a monthly treatment (60 or 90 minute options only) at a 10% discounted price from a specified therapist. Currently, the therapists offering this package are:
The monthly treatment needs to be booked and received within 2 months of the date it was paid for. For example:
- If you initially sign-up and make first payment on 14th Feb , then subsequent monthly payments will be taken on the 14th of each subsequent month (e.g. 14th Mar, 14th Apr, etc)
- The initial 'monthly massage appointment' is therefore available to be used between 14th Feb and 13th April.
- The second 'monthly massage appointment' is available to be used from 14th Mar to 13th May. And so on.
In addition to the included monthly treatment, your therapist is part of a small referral group of trusted therapists. With your package, you can also benefit as you are able to book additional treatments (60 or 90 minute options only) with any of the therapists available within the referral group at a 10% discount on standard prices.
There is no joining fee for the package of your chosen therapist. Payment is via debit or credit card on a monthly 'direct debit' basis.
This package agreement commences once you have made the first monthly payment. We will take subsequent payments monthly on the same date (or close to) as your first payment date.
If any monthly payment request is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20.
You agree to advise your therapist via contacting us immediately of any change to your details provided.
Following the initial 12 month term of your package, your therapist will give you 30 days advance written notice of any increase in the monthly payment under your package.
If your therapist increases his or her charges within the first 12 months of your package, then the original price will still be honoured for your remaining treatments at the same price. However, if the therapist changes his or her prices after the first 12 months of your package then your monthly payments will be increased after giving you 30 days advance written notice. All additional treatments booked will be at the current price when on the purchase date.
Your therapist reserves the right to terminate or refuse to renew your agreement for any reason not prohibited by law including, but not limited to, an unsatisfactory payment history. We, on behalf of the therapist reserve the right to collect at any time any delinquent or outstanding balance(s) that has not been paid for any services provided or monthly payments owed.
If your therapist is no longer available (for whatever reason), then you are entitled to choose another similarly qualified therapist who also offers this type of package. In this instance, your original package agreement will be cancelled and a new one set-up with the replacement therapist. If you are unhappy with an alternative therapist or your therapist is unable to offer a suitable alternative, your therapist may offer a pro-rated refund for any remaining treatments due and will terminate your package with immediate effect.
The package, and its benefits are non transferable.
Treatments are available on a first come first served basis only.
With your therapist's agreement, you may suspend your package for up to 3 months (except in the case of pregnancy) once per year from the start of your package. To request a suspension, please email us at email@example.com giving the reasons you wish to suspend and duration. If your suspension is agreed, your therapist will not make any charges for the period of the suspension.
A suspension does not delay the expiry of your initial 12 months package period.
To cancel your package please email us at firstname.lastname@example.org giving the reasons you wish to cancel.
If your cancellation request is received within 30 days of the start of your package and you have not received the initial treatment, then we will process a full refund on behalf of your therapist as soon as possible and, in any case, within thirty (30) days of the day you have given notice of cancellation.
If your cancellation request is received within 30 days of the start of your package and you have received the initial treatment, no refund will be due and we will not take any further payments on behalf of your therapist.
Cancellations after the initial 30 days of your package are subject to a 30 day notice period and payments due in that period will be taken. During the 30 day notice period, you need to book and receive any treatments due.
BLOCK OF 6
All treatments must be booked and received within 6 months of the date of purchase.
No refunds are available after the first treatment has been received.
Blocks of 6, and any treatments within the block of 6 are non transferable.
Treatments are available on a first come first served basis only.
If your therapist is no longer available (for whatever reason), then we will try to offer an alternative similarly qualified therapist. If you are unhappy with the alternative, your original therapist may offer a pro-rated refund for any remaining treatments due. If an alternative therapist is unavailable you will be offered a pro-rated refund for any remaining treatments due.
If your therapist increases his or her prices, then your therapist will still honour your remaining treatments at the same price. However, should you wish to purchase further packages these will be sold at the therapist's new prices.
Please note gift vouchers are only valid for a period of 12 months from the date of purchase and must be fully expended within the 12 month period.
Our Booking Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Therapy Treatments as expressly described above. You must not use Our Booking Services to do any of the following which are strictly prohibited:
- Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
- Restrict or inhibit any other user from using and enjoying Our Booking Services;
- Infringe the privacy rights, property rights, or other civil rights of any person;
- Harass, abuse, threaten or otherwise infringe or violate the rights of Independent Therapists, City Sports Massage (including its employees and personnel) or others;
- Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
- Use technology or other means to access our computer network, unauthorised content or non-public spaces;
- Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit Our Booking Services' functionality;
- Damage, disable or otherwise impair our servers or networks or attempt to do the same; and
- Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of Our Booking Services for unlawful or unauthorised purposes.
You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to Our Booking Services.
CITY SPORTS MASSAGE, the City Sports Massage logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site or Our Booking Services (whether registered or unregistered) belong to us and are protected by intellectual property law. All rights are reserved.
As noted above, we introduce individuals seeking Therapy Treatments to Independent Therapists seeking to provide such Therapy Treatments. We are not liable or responsible for the fulfillment of any booking or the performance of the Independent Therapist. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent Therapist or any Therapy Treatments, however we do try to assist by providing the intermediary services around resolving disputes and complaints as mentioned above.
Content on Our Site which is made available as part of Our Booking Services is provided for your general information purposes only. Nothing contained on Our Site, or communicated any other way as part of Our Booking Services constitutes, or is meant to constitute, advice, opinion or guidance of any kind. We are not a health care provider nor do we provide medical advice or medical treatment. References in Our Site and elsewhere to "Treatment" and "Therapy" or any similar terms do not refer to medical treatment or medical therapy. The information presented on Our Site and otherwise as part of Our Booking Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.
We make no warranty or guarantee that Our Site, or any other aspect of Our Booking Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of Our Site, or any other aspect of Our Booking Services.
Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of City Sports Massage, fraud or fraudulent misrepresentation by City Sports Massage, or any matter which it would be illegal or unlawful for City Sports Massage to exclude or limit, or to attempt or purport to exclude or limit, its liability.
We are not liable or responsible for any errors in or failure to provide Our Booking Services due to your error or failure to provide accurate and complete information.
Whilst we make every effort to ensure that Our Booking Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of Our Booking Services. We reserve the right to suspend or cease the operation of all or part of Our Booking Services from time to time at our sole discretion.
USE OF THIS SITE, AND OUR BOOKING SERVICES IS ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED AT LAW IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVING OR PROFITS, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES.
You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to Our Booking Services and otherwise from your violation of Our Terms.
MODIFICATION & TERMINATION
We may modify Our Terms or terminate use of Our Booking Services at any time by giving notice of termination to you. The Treatment Prices may also change from time to time. We may also change, suspend, terminate or discontinue any aspect of Our Booking Services including availability of certain features at any time for any reason.
If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
GOVERNING LAW & JURISDICTION
You agree that Our Terms for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the nonexclusive jurisdiction of the English courts as regards any claim or matter arising under these Terms.
Please email email@example.com for any other enquiries.
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