TÉRMINOS Y CONDICIONES DEL SERVICIO (english):
Legal name / Nombre legal: Physio massage at home
Main adress / Dirección de la empresa: N16DQ. 3 Flat Edward Dood Court, Chart Street.
Your use of our site 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 Physio-massageathome (“Physio-massageathome”, “we”, “us” or “our”). We are professional physical therapists registered in Spain By using our site, you agree to abide by Our Terms.
DESCRIPTION OF THE SERVICES
Physio-massageathome is run by a physical therapist: a qualified and registered professional who provides a range of therapy treatments at home. We offer health care services the primary purpose of which is the protection, maintenance or restoration of the health of the customer through therapeutic holistic body massage and related therapies and treatments.
The Consumer Contracts Regulations 2013 requires us to give you certain key information for there to be a legally binding contract between you and us. This information is 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.
You can make a booking through our site. We use MindBody, a safe third party software that supports booking and payments.
Your payment details will be requested at the time of booking and payment will be collected when you make a booking.
Full payment of the price is due at the time of booking a treatment with us. Booking with Mindbody are subject to additional fees. Full details of the prices and fees are referred to below.
If you do not wish to use the integrated payment system, we can also collect payments in cash at the time of the appointment.
We ensure that all of the information you give us when paying for the treatment is secure by using MindBody, a third party software that makes use of an encrypted secure payment mechanism. For this reason, in the absence of negligence on our part, 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. Once your booking is accepted and confirmed, you will receive confirmation of your appointment by email.
Please note that all prices are inclusive of VAT.
Moreover, if you pay through the integrated booking and payment system, which is operated through MindBody, you need to add an additional fee of 1.99% plus £0.20 per transaction if you pay by Visa & MasterCard or £0.46 if you pay by Direct debit card.
The price of treatments varies according to the type and duration of the treatment you book and also the location of the premises you have designated for the treatment to be provided to you.
In particular, if you are located between London Zone 3-4, we will charge an additional £5 fee to the final price. If you live between zone 5-6, we will charge an additional £10 fee – which can be raised to £15 if your location is particularly difficult to reach.
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 to provide the treatment as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation.
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any booking. You expressly agree that Physio-massageathome is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By making a booking, you are also responsible for:
• Full payment of the applicable price;
• Ensuring we have access to your Designated Premises which must, in all cases, represent a suitable space in which the treatment can be performed, with all appropriate facilities (including, adequate lighting and heating); and
• Ensuring our health and safety whilst at your Designated Premises; please note that the majority of the treatments performed by us are carried out using oil and on the client’s own bed or floor. It is recommended that you provide towelling and that you cover any oil-sensitive areas carefully to protect them.
• You confirm that you are of legal age to access and use our site and 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.
We request that any cancellation or amendment requests for bookings be made by telephone call or email, at least 2 hours before the start of the appointment. Unfortunately, if you have to cancel within 2 hours of your appointment, no refund fees will be provided and the full appointment fee becomes payable.
We are fully qualified professionals whose aim is maintaining and restoring your health. By booking a treatment through our website you agree you will immediately inform us if you experience any kind of discomfort during your session, so that we can make appropriate adjustments or stop the treatment. You acknowledge that we are not providing a medical service and that our treatment is not a substitute for medical examination or diagnosis. It is recommended that you see your physician for any such advice.
Because massage and other treatments should not be performed under certain medical conditions, you confirm that you have checked with appropriate medical professionals regarding the suitability of such a treatment for you and that you have stated any appropriate medical conditions when making your booking. You agree that Physio-massageathome shall not bear any liability should you fail to seek and follow independent and appropriate medical advice in relation to your proposed treatment.
EXTENSIONS AND DELAYS
If you wish to extend the time you have booked, we will endeavor to fulfill your request. This is subject to our availability and also payment of an additional charge for the extended time calculated in accordance with the treatment prices.
If you are delayed and unable to start the treatment at the designated premises at the appointment time by more than 10 minutes then:
• We are entitled to end the treatment at the time agreed when the booking was made without making any adjustment to the price to reflect the reduced time of the treatment; or
• If you and us agree to proceed with the treatment for the full time allotted notwithstanding the delayed start time, then we shall be entitled to receive and you shall be obliged to pay before the relevant treatment is given, an additional charge calculated at the rate set out with the treatment prices for extra time.
Any following 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;
• Infringe the privacy rights, property rights, or other civil rights of any person;
• Harass, abuse, threaten or otherwise infringe or violate our rights;
• 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;
• 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
We remind you that assault against the therapist is an offence contrary to the Criminal Justice Act 1988 and the Offences Against the Person Act 1861. In addition to the statutory definition, assault can also include “any incident in which persons are abused, threatened or assaulted in circumstances relating to their work and which constitutes an explicit or implicit threat to their safety and general wellbeing”. 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 services. We also reserve the right to report any offensive or illicit behaviour to the police or to the relevant authority.
WARRANTIES AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, our liability shall be limited to the amount of fees paid by you for a particular service requested. We will not be liable for: loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of use, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges.
By booking a treatment through this website, you confirm that you will discuss your treatment with your therapist or you confirm and accept that you are willing to proceed without confirmation from a medical expert. It is your responsibility and not that of the therapist to consult your GP or Consultant should you feel there is a possible contra-indication to receiving treatments in your personal case. You agree to indemnify Physio-massageathome against any adverse reaction sustained as a result of any treatment booked through this website.
Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of Physio-massageathome, fraud or fraudulent misrepresentation us, or any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.or expenses.
We shall not be in breach of these Terms And Conditions nor shall we be liable for any failure or delay in performance of any obligations under these Terms and Conditions arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
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.
INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks and all other intellectual property rights in all material or content of this website, included all website design, text, graphics, audio and video materials, are property of Physio-massageathome. You cannot copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of this content without our prior written consent. The Copyright, Designs and Patents Act 1988, as amended by the Copyright and Trade Marks Offences and Enforcement Act 2002 and The Copyright and Related Rights Regulations 2003 protect copyrighted material in the United Kingdom and the European Union.
You agree that any and all comments, messages, postings, photos, audio and/or video material, data, suggestions, concepts, and other items or materials disclosed, submitted or offered to Physio-massageathome through or in connection with this site, including, but not limited to, survey responses, etc., shall be treated as non-confidential and not proprietary and shall become, and remain, Physio-massageathome’s property. Such disclosure, submission or offer of any submission shall constitute an assignment to Physio-massageathome of all rights, title and interests in all copyrights and other rights in the submission. Physio-massageathome shall remain under no obligation (i) to maintain any submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any submission; (iii) to respond to any submission; or (iv) publish any submission, for example, in the feedback area of the website. You represent and warrant that no submission by you will violate any right of any third party. By making any submission to, through, in connection with or related to this site, you agree that Physio-massageathome has the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. Physio-massageathome is not liable or responsible for the content of any material posted on this site by users.
THIRD PARTIES WEBSITES
This site may contain links to other sites. Physio-massageathome shall not be held responsible for any content material contained in those sites. Any link to another site, and reference to third-party information, products or services linked to this site, is not, and should not be interpreted nor construed as, an express or implied endorsement by us.
If any provision of our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
GOVERNING LAW AND JURISDICTIONS
You agree that Our Terms for all purposes, shall be governed by and construed in accordance with English and EU law, in particular with the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
You also agree to submit to the nonexclusive jurisdiction of the English courts as regards any claim or matter arising under these Terms.
Data provided by you
We collect your email and username when you contact us, book our services or when you decide to register to our newsletter.
We collect your name, surname, email, telephone number and address you provide during a transaction or a booking.
In some cases, when you use our Services, you may provide age, gender, interests and favourites.
In order to take advantage of certain features of the Website, you may also choose to provide us with other personal information, such as your picture or personal website, but your decision to utilize these features and provide such data will always be voluntary.
By using this website, you agree that we will install:
• session cookies: they enable the website to keep track of your movement from page to page so you don’t get asked for the same information you’ve already given to the site. They are collected until the browser is closed. You can block or delete cookies and still be able to use our website.
• analytics cookies: we collect aggregate data about the traffic to understand the way users use the website. The data we collect are anonymous (ad serving domains, browser type, demographics, language settings, page views, time/date) and pseudonymous (IP address).
• third parties cookies : we also make it easy to share the content of this website on some social networks (LinkedIn, Facebook, Google plus, Twitter, Pinterest etc..). When you share our webpage content on some social networks, your personal data could be recorded and processed by those networks. We are not responsible for the privacy policies and/or practices of these third party services, and you are responsible for reading and understanding those third party services’ privacy policies.
Use of the Data
We only use your personal information to provide you the Physio-massageathome services or to communicate with you about the services or the Website. In particular, we collect your data for: contacting you about our Services, providing you customer service, personalized advertising and marketing, and detect, prevent, mitigate and investigate fraudulent or illegal activities.
We employ industry standard techniques to protect against unauthorized access of data about you that we store, including personal information.
We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws.
Physio-massageathome may contact you, by email or other means. For example, we may send you newsletters or promotional emails relating to our services. You can modify your email notification preferences by clicking the appropriate link included in the footer of email notifications. If you do not want to receive email from us, please opt out of receiving emails at the bottom of any of our emails or by editing your profile preferences.
We do not share personal information you have provided to us without your consent, unless:
• doing so is appropriate to carry out your own request;
• we believe it’s needed to enforce our Terms of Service, or that is legally required;
• we believe it’s needed to detect, prevent or address fraud, security or technical issues;
• otherwise protect our property, legal rights, or that of others.
Physio-massageathome’s website is operated from the United Kingdom. If you are visiting the Website from outside the UK, you agree to any processing of any personal information you provide us according to this policy, which is compliant with EU regulations and directives on data protection.
You have the right to be informed of which data have been collected and how. You have the right to demand updating, rectification or integration of the data; erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed.
You may request to see, correct, update or delete your personal information at any time by sending an e-mail to firstname.lastname@example.org
Data Controller, Person in charge of the processing
The Data controller is Physio-massageathome.