Bookin Agreement
Office Wellbeing Ltd
Booking Agreement
You will be asked to agree to the terms of this Agreement before using our therapy booking services (whether via this Site or otherwise). Please read it carefully.
This Agreement relates solely to the Booking Services that we provide. It does not govern any Therapy Services or your legal relationship with any Therapist (which may be the subject of a separate contract between you and the Therapist).
We will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
1. Definitions and interpretation
1.1 In this Agreement:
“Agreement” means this booking agreement and any amendments to it from time to time;
“Booking Services” means booking service which we provide, namely: (i) the arranging of suitable appointments for the provision of Therapy Services; (ii) checking that Therapists have suitable insurance in place and are appropriately qualified to provide the Therapy Services; and (iii) taking payment and arranging for the remuneration of Therapists;
“Business Day” means any week day other than a bank holiday or public holiday in England;
“Services” means Booking Services and Therapy Services;
“Site” means the website at www.officewellbeing.com and any successor site operated by us from time to time;
“Therapist” means a person appointed to provide Therapy Services; and
“Therapy Services” means Indian head massage, chair massage, reiki, manicure, pedicure, reflexology and similar services which may be provided by a Therapist.
1.2 In this Agreement “we” means Office Wellbeing Ltd of 1 Conduit Street, London W1S 2XA, and “us” and “our” shall be construed accordingly; and “you” means our customer for Booking Services (whether a corporate entity or an individual) and “your” shall be construed accordingly.
2. This Agreement
2.1 In order to enter into this Agreement with us via the Site (other than via email) you will need to take the following steps: (i) click “Bookings” or “Book a Wellbeing Day” on the Site; (ii) complete and submit the relevant booking form; (iii) we will contact you (usually within 2 Business Days) to agree a time and place for the provision of the Therapy Services; and (iv) we will send you written confirmation of the booking.
2.2 When (but not before) we send you written confirmation of your booking, this Agreement will come into force between us.
3. Services
We will book a Therapist to provide the Therapy Services at the time and place agreed (being Monday-Friday between 8am and 8pm, subject to any express agreement to the contrary).
4. Your obligations
4.1 You warrant and undertake: (i) you are legally capable of entering into binding contracts; (ii) you are (in the case of individual customers) at least 18 years old; (iii) all the information you provide to us (including without limitation the medical information) in relation to the Services is accurate; (iv) you will be able to receive the Therapy Services as contemplated in this Agreement; (v) that any premises suggested by you for the provision of Therapy Services will be suitable for the provision of the Services; and (vi) that you will treat the Therapist with politeness and respect at all times.
4.2 You hereby indemnify and undertake to keep indemnified us and each Therapist appointed to provide the Services against any loss, damage, injury or expense arising out of any breach by you of any of the warranties and undertakings set out in this Clause 4 or any breach by you of any other provision of this Agreement.
4.3 In the event that an individual receiving Therapy Services breaches the provisions of Clause 4.1(vi), the Therapist may in his or her sole discretion cease to provide the Therapy Services to that individual (without prejudice to any right we may have to terminate this Agreement).
5. Confidentiality
5.1 Subject to Clauses 5.2 and 5.3, we will keep confidential the medical information you supply to us in relation to us in relation to this Agreement and will not disclose this medical information to any third party without your prior consent.
5.2 This Agreement imposes no obligations upon us with respect to information which is or becomes publicly known through no act or default on our part.
5.3 The restrictions in this Clause 5 do not apply to the extent that any information is required to be disclosed: (i) by any law or regulation, judicial or governmental request or order; or (ii) in connection with any legal proceedings or prospective legal proceedings.
6. Price
6.1 Prices for Services are quoted on the Site. However, it is always possible that they may be incorrectly priced. We will verify prices as part of our sale procedures so that a correct price will be stated when you pay for the Services.
6.2 The prices on the Site include any UK value added taxes (where applicable).
6.3 Prices are liable to change at any time, but changes will not affect Agreements which have come into force.
7. Payment
7.1 Payment for all Services must be made by via Paypal or by cheque following the issue of an invoice by us.
7.2 You must ensure that we receive your payment in full in cleared funds at least 2 Business Days before the provision of any Services.
7.3 We may withhold the Services and/or terminate this Agreement if your payment is not received from you in full and on time.
8. Your termination rights
8.1 If you enter into this Agreement as a consumer, you may terminate this Agreement by sending to us a written notice of termination at any time within 7 Business Days after the Agreement comes into force; providing that you will not have any such right if we have, with your agreement, begun the provision of Therapy Services.
8.2 In addition to any rights you may have under Clause 8.1, you may cancel an Agreement by giving us notice of cancellation at least 48 hours before the time for provision of the Therapy Services.
8.3 Notice of cancellation should be sent to us by email (through the contact details on the Site) and should quote a booking reference number and relevant details.
9. Our termination rights
9.1 If you fail to meet the Therapist and/or receive Therapy Services at the pre-arranged place and time this Agreement will terminate automatically.
9.2 We may terminate this Agreement immediately without notice to you where you commit any breach of the terms of this Agreement.
9.3 We may terminate this Agreement immediately without notice to you where, although you have not committed any breach of the terms of this Agreement, we have been unable to agree with you a suitable time and/or place for the provision of the Therapy Services, or have been unable to identify a suitable Therapist to provide the Therapy Services.
10. Refunds
10.1 You will only be entitled to a refund of any amounts paid to us where expressly provided in this Agreement.
10.2 Where this Agreement is terminated under Clause 8 or Clause 9.3, or for any reason the Therapist does not arrive at the appointed place at the appointed time to provide the Therapy Services, you will be entitled to a full refund of any amounts paid to us under this Agreement.
10.3 If you are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
11. Warranties and liability
11.1 Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
11.2 We warrant to you that the Booking Services will be provided with reasonable care and skill.
11.3 Subject Clauses 11.1 and 11.2, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Services, whether express or implied.
11.4 Subject to Clause 11.1: (i) our liability in connection with the Services is strictly limited to the purchase price of the relevant Service; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
11.5 You acknowledge that, whilst we will provide the Booking Services under this Agreement: (i) the provision of the Therapy Services will be subject to separate agreement between you and the Therapist; and (ii) we have no liability in relation to the provision of the Therapy Services and your sole recourse in respect of any problem arising out of the Therapy Services will be against the relevant Therapist.
11.6 You further acknowledge that the Therapists (but not us) hold suitable insurance in respect of the provision of Therapy Services, and that in the event of any problem arising out of the Therapy Services it is therefore reasonable that your sole recourse will be against the relevant Therapist.
12. General terms
12.1 We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Privacy Policy; use of our website will be subject to our Terms and Conditions.
12.2 We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you. Agreements in force may only be varied by an instrument in writing signed by both you and us.
12.3 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
12.4 No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
12.5 You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing that where you are a consumer such action does not serve to reduce the guarantees benefiting you under this Agreement.
12.6 Each Therapist appointed under this Agreement to provide Services will be entitled to enforce the provisions of Clause 4.2 and 4.3. Subject to this, this Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
12.7 This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and subject to Clause 11.1 supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
12.8 This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
USE OF THIS SITE IS SUBJECT TO OUR TERMS AND CONDITIONS.