Terms and Conditions

 

Version number: v1.00

Effective date: 15th March 2021

  1. Introduction
    1. We are Zyona Massage. Our company information is at the end of this document. 
  1. Some definitions
    1. Here are some definitions which are used in this document (all capitalised): 
      1. “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
      2. “Content” – all information of whatever kind that you provided for use on our Service (including messages sent via our Service).
      3. “Customer” – a User who uses our Service for the purpose of availing of Treatment Services.
      4. “Provider” – a User who uses our Service for the purpose of supplying Treatment Services to Customers.
      5. “Review” – any review, comment or rating.
      6. “Service” – the platform service we offer by means of our websiteand any related software and services. 
      7. “User” – persons or organisations using our Service (whether or not registered with us) including Advertisers.
      8. “Treatment Contract” – a contract for the supply of Treatment Services.
      9. “Treatment Services” – mobile or other treatments such as massage and spa.
  1. What this is all about – introduction to our terms and conditions
    1. These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
  1. Forming a contract with us 
    1. Yourorder is an offer to enter a legal contract with us to use our platform Service (which is separate to the Treatment Contract between Customer and Provider – see below). 
  1. By registering on our Service, you offer to enter a legal contract with us to use our Service. We accept your offer and there is a binding legal contract when we send you a confirmation email. 
  1. Changing our terms and conditions
    1. We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and by posting the new version on our website. 
  1. If you don’t agree to the new terms, you can end this contract with effect from 15 days after our notice by emailing us within that period. 
  1. Your right to use our Service
    1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
  1. Who can use our Service?
    1. You must not use, or attempt to register on, our Service if:
      1. you are below 18 years of age; or
      2. you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty.
  1. Our Service is designed for, and may only be used bypersons who genuinely intend to supply or avail of Treatment Services
  1. Acceptable use of our Service
    1. You agree not to do any of the following in connection with the Service:
      1. break the law or infringe anyone else’s rights;
      2. provide us with or link to unlawful, infringing or otherwise inappropriate content;
      3. victimise or harass other people;
      4. use offensive, obscene, abusive or other inappropriate language; 
      5. deceive or mislead anyone;
      6. provide any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are their parent/guardian;
      7. use the Service with a view to competing with us or infringing our rights;
      8. disrupt our Service, e.g spam, viruses or phishing; or
      9. attempt, encourage or assist any of the above.
  1. You agree to:
    1. comply with any rules or requirements on our Service;
    2. promptly comply with any reasonable request or instruction by us in connection with the Service; and 
    3. ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes. 
  1. Treatment Services (very important – we only provide a platform)

General

  1. Our Service constitutes a neutral platform where self-employed Providers can arrange to supply Treatment Services to Customers. We do not supply those services. Any Treatment Contract is between the respective Provider and Customer and the terms are for the parties to determine providing that they are consistent with this agreement. We are not a party to the Treatment Contract itself. You acknowledge that any legal recourse arising from breach of the Treatment Contract is against the other party to the Treatment Contract and not against us.
  1. You also separately promise us that you will comply with each Treatment Contract. 
  1. If you are a Provider you agree to accept any booking made during a period and within a region for which you have confirmed your availability except where there is an urgent reason otherwise (such as illness) or where we agree otherwise.
  1. You acknowledge that we are entitled at any time to end or suspend any Treatment Contract by giving notice by email, SMS and/or in-app message, if we consider that either party has breached this agreement or it is necessary to protect either party. If so, we will refund the relevant fee to the Customer subject any deduction which we consider reasonably appropriate. 
  1. Customers and Providers who have contacted each other via our Service agree that until 6 months after the date of the relevant session, they will not contract directly with each other outside our Service.

Your obligations to the Customer / Provider

  1. Providers agree that in connection with supply of Treatment Services to Customers:
    1. they have and will maintain the necessary abilities (including licenses, permissions, qualifications, skills, training, expertise);
    2. they will act in accordance with the highest applicable professional standards; and
    3. they will comply with all applicable laws and regulations (including data protection) and will not infringe any third party rights.
  1. Users agree to deal with other Users in a polite and courteous manner and to respond promptly to communications from other Users.
  1. Unless otherwise stated by the Provider, the Treatment Services are not intended to diagnose, prevent, or treat any medical condition, to ascertain the state of your health, or to be used as a substitute for medical advice and the Provider makes no promise that the Service provides therapeutic benefit or that any particular “wellness” objective will be achieved.  Please consult your doctor if you have or think you may have a medical condition.

Payment by Customers

  1. Payment to us in advance on behalf of the Provider. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement. 

Customer’s legal right to cancel the Treatment Contract (“cooling off”)

  1. There is no legal right to cancel the Treatment Contract because the services are related to leisure activities and the contract is to be performed on a specific date.

Cancellation of bookings by the Customer

  1. However, Customers can cancel bookings at any time by giving notice via our Service. If so, there will be a full refund of your payment (less our payment provider fees) unless you cancel within 24 hours of the scheduled start time in which case you will be charged in full.

Cancellation of bookings by the Provider

  1. The Provider is entitled to cancel a booking at any time if there is an urgent reason (such as illness) by giving notice via the Service. If you cancel for any reason, we will refund the Customer’s payment in full. If the Provider hasn’t satisfied us that it had a valid urgent reason to cancel, we are entitled to charge the Provider the commission that we would otherwise have earned and also to apply a negative Review to the Provider in respect of that booking.

Complaints

  1. If you have any complaint about another User, you must notify us promptly by email to our email address shown below. We may in our discretion help to try and resolve the dispute but we do not promise to get involved. If we don’t receive a complaint from a Customer within one hour of the appointment start time, we will in any case assume that the treatment took place and that the Customer was happy with it.

Payment to Providers 

  1. Provided you have complied with your contract with us, we will take reasonable steps to pay you by whatever payment method we use the amount of any Advance Payment received from the Customer less any deductions mentioned below. We will make payment weekly (or at alternative intervals we decide). If the Customer has opted to pay you by Direct Payment, it is your responsibility to collect this directly from the Customer.
  1. Our commission is chargeable as a percentage of the customer payment and includes VAT (if applicable). We are entitled to deduct our commission  from any payment due to you. We may at any time change the amount of our commission. If so, we will give you notice by email. Any orders made after that notice will be subject to our new fees. 
  1. We are entitled in our discretion to refund to the Customer on your behalf all or part of a customer payment insofar as the Customer makes a complaint or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). We are entitled to deduct the amount of such refund from any other payment due to you. You are liable to pay any appropriate refund direct to the Customer if the relevant payment has already been paid to you. 
  1. We are entitled to deduct from the fees due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have transmitted to you. 
  1. You are responsible for making up any shortfall arising from charges made by your bank.
  1. You are responsible for checking that any invoices provided by us are suitable for your purposes and for accounting for VAT or any other applicable tax. We do not offer tax-related advice.
  1. If you provide Content for our Service (e.g., for Provider profiles listings or Reviews) …
    1. You are responsible for your Content including Content that we upload on your behalf such as Provider profiles. If you are a Provider, you must promptly check such Content and tell us if anything is incorrect.
  1. You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
  1. If you post a Review, you guarantee that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the Review and that the Review is your independent, honest, genuine opinion. 
  1. If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites. 
  1. We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behavior if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards.  If so, you must not attempt to re-publish or re-send the relevant Content.
  1. It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused. 

Provider profiles

  1. We reserve the right in our discretion without notice to edit the text or layout of your profile to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service.
  1. We rank Provider profiles randomly or as otherwise explained on our Service. Rankings may be influenced by payment if we offer sponsored or similar listings which enable increased prominence. 
  1. Dealing with other Users…
    1. You accept that we have no obligation to vet or monitor Users or their Content. We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. Where appropriate, it is your responsibility to carry out careful and detailed investigations before dealing with other Users. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be. 
  1. You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below(including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service. 
  1. When arranging through the Service to meet another person, you must take appropriate precautions. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.

Reviews

  1. If you are a Provider, you acknowledge that we permit Users to post Reviews about you and that these will be publicly available for viewing. We are not responsible for monitoring or editing Reviews. You acknowledge that such Reviews may be critical or defamatory of you. 
  1. Other peoples’ services / advertising / websites
    1. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these.  You use them at your own risk.
  1. Guidance
    1. If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
  1. Your account
    1. Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password.  You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
  1. Functioning of our Service 
    1. We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.  
  1. You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
  1. Ending or suspending this contract
    1. You may at any time end this contract by deleting your account in accordance with the instructions on our Service. (This doesn’t entitle you to a refund.)
  1. We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if: 
    1. you break this contract;
    2. you repeatedly cancel bookings for Treatment Services;
    3. you are subject to repeated Customer complaints and/or negative Reviews;
    4. any fees payable by you are unpaid / unjustifiably charged back; 
    5. acting reasonably, we think that it is necessary to protect us or others; 
    6. we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
    7. you or anyone on your behalf acts inappropriately towards our staff. Clause 
  1. If you are a Provider and we end the contract, we will give you at least 30 days’ notice unless we have a legal or regulatory obligation, or a legal right, to end it earlier, or you have repeatedly broken this contract.
  1. If we suspend our Service, you remain responsible to pay for our Service during the period of suspension if you were at fault. We are entitled to make resumption of a suspended Service subject to reasonable conditions including payment of a reasonable reconnection fee. 
  1. We are entitled at any time end this contract if we terminate our Service as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
  1. If this contract ends: 
    1. Any pending Treatment Contracts involving you are automatically terminated. If so, we will refund the applicable fee to the Customer subject any deduction which we consider reasonably appropriate.
    2. Your right to use our Service and all licences are terminated. 
    3. Existing rights and liabilities are unaffected. 
    4. All clauses in this contract which are stated or intended to continue after termination will continue to apply. 
    5. After the end of the contract, we may retain access to information provided or generated by Providers and Customers in order to deal with disputes, enforce our terms and conditions or manage or improve our Service generally. See our Privacy Policy for more information about our retention of personal information.   
  1. Restrictions on our legal responsibility – very important
    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
  1. If you are a Consumer,we shall not be liable for any loss or damage where:
    1. there is no breach of a legal duty owed to you by us;
    2. such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); 
    3. (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement;or
    4. such loss or damage relates to a business of yours.
  1. If you are a Consumer,you will be liable for any reasonably foreseeable loss or damage we suffer including claims made by other people arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
  1. The following clauses apply only if you are not a Consumer:
    1. Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total commission paid or payable by you to us in connection with our Service in the 12 months before the act or omissions complained of.
    2. In no event (including our own negligence) will we be liable for any:
  1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  2. loss of goodwill or reputation; 
  3. special, indirect or consequential losses; or
  4. damage to or loss of data

(even if we have been advised of the possibility of such losses).

  1. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
  2. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. 
  3. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded. 
  1. Intellectual property rights (e.g. copyright)
    1. The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device.  You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent.   You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
  1. Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent. 
  1. If you upload any Content to our Service, you retain ownership of the intellectual property rights. You allow us at no cost, for so long as this contract lasts, to use and adapt all or part of such material however we wish on our Service. You also allow each User to use your Content in accordance with these terms and conditions.
  1. If you are a Provider: You retain ownership of your logos, trade marks and brand names. You are entitled to make your trading identity visible on our Service but subject to how we think your presence should appear.
  1. Privacy
    1. You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy Policy which is subject to change from time to time.
  1. You acknowledge that we do not supply Providers with access to any personal or other information provided to us or generated by use of our Service other than Customer contact information to enable Providers to fulfil orders or as otherwise explained on our Service. We do not share any such information with anyone else except insofar as this is necessary for the proper functioning of our Service. 
  1. Events outside our control
    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
  1. Transfer
    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
  1. English law
    1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document. 
  1. General but important stuff
    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
  1. Complaints
    1. If you have any complaints, please contact us via the contact details shown below. 
  1. Company information
    1. Trading name: “Zyona Massage”
    2. Country of incorporation: England and Wales.
    3. Registered office and contact address:  4 Old Park Lane, Mayfair, London, W1K 1QW
    4. Contact email address: info@zyonamassage.co.uk
    5. Other contact information: See our website.