Terms and Conditions

Last Updated 30 May 2019

Use of our Website and App.

Our Terms govern your use of our website (“Web Site”) and also our App and our Service(s). By using our Webs Site, our App or our Service(s), you agree to comply with Our Terms and Conditions.

Please read these Terms and Conditions carefully before you start using our Website.

BACKGROUND:

This agreement applies as between you, the User of this Web Site and Freedom Wellness Therapy Limited, the owner of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you must not make a booking through Freedom Wellness Therapy for any treatment or purchase any products through Freedom Wellness Therapy. You should stop using the Web Site immediately. Use of our website, our mobile/tablet application and treatments are subject to these terms and conditions. These same terms and conditions are also referred to when we confirm your booking for a treatment via an email and/or SMS text message that we send you.

These terms and conditions of us acting as an agent in the delivery of treatments to you (Our Service) along with any other terms and policies, collectively referred to, (Our Terms & Conditions) represents a legal and binding agreement between you and Freedom Wellness Therapy Ltd (“FWT”, “we”, “us” or “our”). FWT is a private limited company registered in England and Wales with company No. 11892162 whose registered office is located at the following address: 71-75 Shelton Street, Covent Garden, London, England WC2H 9JQ.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

2. Our Services(s)

Freedom Wellness Therapy provides users of our Website the facility to book and purchase different treatments and products from independent practitioners and independent retailers. The treatments are performed by independent, self-employed practitioners and the products are supplied and provided by independent retailers. We, Freedom Wellness Therapy, act as an agent/intermediary of these practitioners and retailers. We have no responsibility for any independent practitioner, retailer, the treatment given or the product supplied through us. Our role is simply to provide the platform to facilitate the booking and / or purchase process, as well as the provision of secondary services such as telephone booking or client/customer support.

The Services that we provide allows you to navigate through our Website and purchase treatments and purchase products from independent practitioners and independent retailers. However, as alluded to above, the contract for purchasing treatments and products is between you and the independent practitioner and retailer. It is the practitioner and retailer who are legally responsible for ensuring that your treatment or product is delivered to you. However, Freedom Wellness Therapy is responsible vis-à-vis our obligation to you in accordance with our Terms and Conditions. If you have any questions, complaints or requests for refunds, we can be contacted directly at [email protected]. Freedom Wellness Therapy will be your point of contact for customer service questions.

We will provide you, where requested, with the intermediary services between you and an independent practitioner and/or retailer in relation to customer service or matters relating to disputes.

3. Consumer Terms

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 Freedom Wellness Therapy is required 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 send to you to confirm any booking you make through us for treatment with an independent practitioner or to confirm purchase of a product from an independent retailer.

4. Eligibility – Over 18 years of age

You confirm that you are of legal age to access and use Our Site, Our App and / or the Services and are of legal capacity to agree to Our Terms. You are not eligible to use the Services if you are under the age of 18.

5. Booking and Purchase Process

Booking Treatment Services

You make a booking through our Web Site or App by selecting an independent practitioner for your desired treatment, using your postcode/location and choosing your desired date and time of treatment.

Bookings can be made four weeks in advance.

At the time of booking, your details will be taken, including payment details and payment will be taken prior to your booking being confirmed.

The cost or fee for your booking is collected by us, or we arrange for a third party to collect on our behalf, on behalf of the independent practitioner. Our receipt of the full Treatment Fee will discharge your debt to the relevant practitioner in respect of that booking.

We are appointed by independent practitioners to execute bookings on their behalf as their commercial agent. Once your booking is accepted by us on behalf of the independent practitioner, you will receive confirmation of your appointment from us by email and SMS text message.

When you make a booking, you are responsible for:

• Full payment of the applicable treatment fee;
• Ensuring your practitioner has access to the premises of your location which must, in all cases, be a suitable space in which your treatment will be conducted safely, with all appropriate equipment and facilities (including lighting and heating) functioning appropriately; and
• Maintaining the health and safety of the practitioner(s) whilst at the premises of your location.

Purchasing Products

Our Web Site can (or in the future may) give you the option to purchase products from independent retailers. This is done by clicking on the items you wish to purchase and then following the on-screen prompts. You must ensure that you check for any errors in your order prior to finalising your order. You must agree to the independent retailer’s terms and conditions during your order process. Your order will be completed upon you clicking the “Purchase” button on the checkout page.

Post submitting an order, you will receive an acknowledgment email and/or SMS text message that your order has been received, along with an order reference number. All orders are subject to acceptance by the relevant Retailer. The Retailer is not obliged to accept your order and may, at their discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Purchase” button, you enter into an obligation to pay for the product(s).

6. Delivery or Collection of Products

The independent retailer will fulfil the delivery of your order in line with the delivery date they set out in any Order confirmation they send you.

Your order will be delivered to the delivery address, within the UK, that you gave when you made the order.

You should ensure that you comply with all applicable laws and regulations of the country for which the product(s) that you order is/are coming into. The relevant independent retailer will not be liable for any breach by you of any such laws and regulation.

7. You order at your own risk

When ordering products through our Web Site with independent retailers, you do so at your own risk in terms of product quality and delivery. Freedom Wellness Therapy will not be responsible for any aspects of the appropriateness, suitability and quality of the product(s). This includes no responsibility for the delivery of the product(s).

8. Payment

All treatments and products are paid for in advance through our Web Site, or App or over the telephone. We collect payment on behalf of our independent practitioners and retailers. Receipt of your payment discharges you of your debt to the independent practitioner and retailer.

Payments you make to us will be secure through use of an encrypted secure payment mechanism. Apart from clear negligence on the part of FWT, you acknowledge that 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 will need to be authorised by the issuing card provider, including the use of Verified by Visa where applicable.

By making a booking or purchase with us, you agree to provide us with accurate, true, no-fraudulent information related, but not limited, to billing and payment information.

9. Treatment and Product Prices

Full details of Product Prices are set out in Our Site and Our App.

10. Your Responsibilities

It is your responsibility to provide accurate and complete information when you make a booking for a treatment or make an order for a product. Failure to do so may result in your request being rejected. Such failure may also result in loss or incorrect delivery of your treatment or product order.

11. Cancellations and Refunds

Where you find that you have made a mistake with a booking, you have a 15 minutes grace period post submitting the booking to cancel or amend without any charge. To qualify, you must call or email as on 020 7866 2530 or [email protected], email subject matter as “Booking Cancellation” or “Booking Amendment”.

12. Extensions and Delays

If you wish to extend the time of your treatment, the independent practitioner will try to accommodate your request, subject to their availability and payment of an additional charge for the extended treatment time.

If you are delayed and unable to start your treatment at the originally scheduled time by more than 10 minutes then, unless the practitioner agrees to the contrary (which is at the sole discretion of the practitioner):

• The practitioner is entitled to terminate your treatment at the originally agreed end time when the booking was originally made; or
• If you and the practitioner agree to proceed with your treatment for the full time allotted, despite the delayed start time, then you agree to pay before the relevant treatment is given, an additional charge commensurate with our rate for extending the relevant treatment.
• We will collect the additional charge as an agent of the independent practitioner.

13. Freedom Wellness Therapy act only as an introducer

Our Service, as outlined above, allows our users to book appointments with independent practitioners. While we assess these independent practitioners, we cannot guarantee or warrant, and make no representations regarding the reliability, quality or suitability of these practitioners. These are matters entirely for you to decide. Therefore, you acknowledge and agree that FWT does not have any obligation to perform background checks on any independent practitioner and have no obligation in respect of any treatment or service they may provide.

When liaison and interacting with any independent practitioner, it is your responsibility to ensure you exercise caution and apply common sense to safeguard yourself, your property and any other personal, sensitive and confidential information.

14. Gifts and promotions

We have given our customers and partners the opportunity to buy Gifts and promotional codes. These can be redeemed against purchases and bookings for treatments and products. Codes and Gifts will only be valid for periods stated on the gifts or codes.

Codes and Gifts do not have any cash value. Codes and Gifts may:

1. Be used solely for personal and non-commercial purposes and cannot be distributed or made available to others online;
2. Not be exchanged for cash;
3. Only be used once and only one Code may be used per person; and
4. May only be used in accordance with our specific terms, which might be on the Code or Gift.

15. Prohibited Use

Please note that use of our Service for your own personal, non-commercial use and must be for the purposes of enquiring or making a booking with our independent practitioners or purchasing products from an independent retailer. You are prohibited from using our Web Site, our App or our Service to:

• Act in any inappropriate behaviour including, but not limited, to sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other aggressive or abusive behaviour towards our practitioners: you accept and agree that any such behaviour will entitle our independent practitioners to immediately cease providing you treatment and leave your premises, with you subsequently having no recourse to a refund of your treatment fee;
• Restrict or inhibit any other user from using and enjoying our 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 our independent practitioners, FWT (and its employees and personnel) or others;
• Collect information about others, including data mining, harvesting and obtaining email addresses without their consent;
• Using technology to and other tools to access computer networks to obtain unauthorised information, data and content;
• Introduce or attempt to introduce any malware, viruses or harmful code to interrupt our Services on our Web Site, App or to disable or impair our Services; or
• Engage in or encourage others to engage in criminal or unlawful conduct or breach Our Terms including misuse of the Services for unlawful or unauthorised purposes.

You agree that if you breach our Terms and Conditions in any way, we will, amongst other things, terminate or suspend your access to our Services.

16. Intellectual Property

• All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of FWT, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
• You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by FWT.
• Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

17. Links to Other Web Sites
    • This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of FWT or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
18. Links to this Web Site
    • Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site freedomwellnesstherapy.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of FWT.  To find out more please contact us by email at [email protected].
19. Privacy
    • In order for us to provide the Services, we may collect personal data from you. Before making a booking or purchase through us, please read our privacy policy available here.
    • For the purposes of applicable data protection legislation, FWT will process any personal data you have provided to it in accordance Privacy Policy available on the FWT website or on request from FWT.
    • You agree that, if you have provided FWT with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to FWT and (2) that you have brought to the attention of any such third party the Privacy Notice available on FWT’s website or otherwise provided a copy of it to the third party. You agree to indemnify FWT in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
20. Disclaimers
    • FWT make no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
    • No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
21. Availability of the Web Site
    • The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    • FWT accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
22. Limitation of Liability
    • To the maximum extent permitted by law, FWT accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
    • Nothing in these terms and conditions excludes or restricts FWT’s liability for death or personal injury resulting from any negligence or fraud on the part of FWT.
    • Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
23. No Waiver
    • In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
24. Previous Terms and Conditions
    • In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
25. Notices
    • All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
26. Law and Jurisdiction

These terms and conditions and the relationship between you and FWT shall be governed by and construed in accordance with the Law of England and Wales and FWT and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.