HOMESPA- LTD'S TERMS OF SERVICE
Last updated: 24/11/2018
Defined terms are used throughout this document, these terms are expressed with a capital letter. Below is a list of what they mean.
When not expressed with a capital letter, common sense and context should dictate whether they are defined or not.
"HomeSPA", "Us", "We", "Our", or "The Business" - refers to HOMESPA- LTD, the private limited company registered in England and Wales with company No. 11639965. Our registered office is located at the following address: International House. 61 Mosley Street. Manchester. M2 3HZ.
"Agreement", or "Terms" - refers to this legal document and any policies, principals, or other documents referred to therein.
"Site" - refers to this website, and any other online presence, that HomeSPA owns or runs (including but not limited to Social Media, Online Adverts etc)
"Service" - refers to the Service provided by HomeSPA, as described under Section 5.
"Account", "Members Area", or "Members Page" - refers to Your HomeSPA account and the pages on Our Site that We have provided to You for the purposes of reviewing past bookings and maintaining Your customer information, as described under section 6.
"The Customer", "Customers", "You" or "Yours" - refers to any person (or persons) of the required legal age, that accesses Our Site, Our Services and/or any treatment or products arranged through Us.
"Third Party Provider", "TPP", "Practitioners", or "Therapists" - refers to any independent self employed people that provide products and/or services on behalf of Us.
"Provider Services" - refers to the treatments/services provided by the SP's as described under section 7.
"Service Provider's Agreement" - refers to the legal document described under section 8 and available to view at http://www.homespa-ltd.com/service-provider-agreement.
Home Spa-ltd is a private limited company.
You are reading a legal document containing the terms, conditions, policies and principles that You are subject to whenever You interact with The Business, in any of its forms (website, apps or service etc.). These terms and conditions constitute a legally binding agreement between You and HomeSPA. Please read them carefully before You access, or use, any part of Our Service. If You do not accept all of, or any part of, Our Terms, then You must not use Our Service.
Before You use Our Site, and/or any part of Our Service You must:
- Meet the required minimum legal age to do so. The minimum required legal age to use Our Service is 19.
- Be of a legal Capacity to enter into an legal agreement.
- Agree and accept to be bound by these Terms in their entirety.
Our Site and Our Service are for Your individual, non-commercial, use only; private or corporate events please contact Us at or on 01617641992
4. Personal Data.
5. Our Service.
Our Service can be separated and categorised into two main services. Whilst these services can be interacted with separately, or be used interchangeably, all of the services We provide are grouped together under one Service, and You are bound by the terms in this document in its entirety, regardless of which part of the service You use.
5.1. Our primary service is that of an intermediary platform. When accessed through Our Site (and other contact channels such as phone / email etc.) Our primary Service is to advertise a range of treatments and services for Customers to book. We then connect Customers to local, independent, Third Party Providers that offer to perform these services.
As an Intermediary, Our role is simply to help facilitate a transaction between two parties; You and the Third Party Providers.
HomeSPA is never the provider of the related services and this means that after You have completed a booking transaction through Our Service, You will have other contractual relationships with the Third Party Providers that provide Your service. The legal contract for services is always between You and the Third Party Provider.
5.2. Our secondary service is performing proxy support to supplement Our primary service. We do this by offering to assist the Third Party Providers with certain administrative, and/or communicative, aspects of their customer service, such as (but not limited to);
Hosting their Terms of Service.
Handling payment transactions.
Replying to general customer queries.
Requests for refunds.
Dealing with customer complaints.
Providing a dispute resolution service where needed.
This means that HomeSPA will be Your primary point of contact for all matters relating to the Third Party Providers or the Provider Services. However, when We handle these activities, We do so only as a representative to the Third Party Provider. These activities do not further extend Our obligations to You, except where those obligations are explicitly laid out under this Agreement.
We may also, from time to time, provide some other tertiary services such as (but not limited to); Offering rewards, referral codes, competitions, and/or any other promotions etc. These services are at Our complete discretion and they will have their own Terms and Conditions that You will be subject to, in addition to this Agreement. You can find the Terms and Conditions for any of the tertiary services we offer here or at www.homespa-ltd.com/tertiary-service-terms.
6. Members Area.
Depending on the particular functionality of our Site at the time, you may or may not need to Register an Account to access Our Services. We provide this so you can save your information for future bookings, review past bookings, and We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.
7. The Providers Service.
HomeSPA is a representative to several Third Party Providers that provide massage therapies / spa treatments to the eligible general public on behalf of HomeSPA. The Third Party Providers are not employed by HomeSPA, they work in partnership with Us to perform The Provider Services for You.
All of the treatments listed on Our Site are advertised by Us but performed in all instances by the Third Party Provider. After You complete the payment transaction through Us, these treatments are the Providers Service.
The party responsible for the execution, efficacy, quality and/or completion of the Providers Service is always solely the third Party Provider. HomeSPA does not make any guarantees and is not responsible, nor contractually obligated to You, to address any claims relating to the TPP or the Providers Service, this responsibility lies solely with the TPP. If We respond to You in regards to any claim, we do so only as a representative of the TPP as stated under section 5.2.
8. Service Provider Agreement.
As part of Our secondary Service, we have dedicated a page on Our Site (also called Hosting) for the Service Provider's to display a Basic Service Provider Agreement. This Basic Service Provider Agreement contains the terms and clauses that are constant (never vary) between all of the Service Providers. It can be found here or at http://www.home-ltd.com/service-provider-agreement.
Before You complete any booking transaction through Our Service, You will be asked to confirm Your acceptance to the Basic Service Provider's Agreement.
After You have complete the payment transaction through Our Service. If there be any variations to the Basic Service Provider Agreement by the Third Party Provider, the Third Party Provider will (through Us as their representative) notify You in an attachment to the confirmation email under the heading Service Agreement Addendum. If You do not agree to the Service Agreement Addendum, You must not use the Providers Service, and You must notify Us within one hour of the confirmation email being sent to receive a full refund.
The Basic Service Provider Agreement and the Service Agreement Addendum are collectively called the Service Provider Agreement.
The Service Provider Agreement is strictly between You and the Third Party Providers (who will perform Your service). HomeSPA is not a party to the Service Providers Agreement.
9. Treatment Prices.
9.1. The treatments on Our Site are listed and advertised by HomeSPA. The prices may vary to reflect the type and duration of the chosen treatment, the location of Your Chosen Property, or if You have included any Add-Ons. The Treatment Prices are subject to change from time to time, these changes are made at Our sole discretion, and without prior notice to You. Full details of the Treatment Prices are available on Our Site.
All prices are including any applicable VAT.
9.2. We always try to maintain accuracy when listing prices for the treatments on Our Site, however, We can not guarantee the Site is error free. Should there be a mistake in the price and/or duration of a treatment, which We would consider falls below acceptable levels, neither HomeSPA nor the Third Party Provider will be obligated to perform these treatments to You. Mistakes that We consider below acceptable levels is anything that would (other than what is to be reasonably expected from a promotion or discount) bring the price of a single treatment to less than £25 for 60 minutes. You agree that in such cases HomeSPA (and therefore the TPP as the represented) reserves the right to cancel the appointment without prior notice and without providing any compensation to You (other than any refunds due from the mistake payment transaction).
Once You select a booking slot through Our Site You will be required to make the full payment of the Treatment Price, before You receive the Providers Service. The payment for the Treatment always belongs to the Third Party Provider. We are designated as the representative of the Third Party Provider to arrange bookings, and collect payments on their behalf. We do this through Our Site and We may arrange collection of the payment through a chosen payment facilitator. Payment can be made by most major credit card, debit card or through PayPal.
The payment must be authorised by the relevant owner of the account You wish to pay from. We may also, from time to time, take extra steps to verify You or Your details, if You do not agree to these checks then You must not continue with the booking.
At this stage, regardless of the payment made, Your booking is not classed as complete by Us. In order to class it as complete by Us and You must commit to certain actions laid out under section 10. (Your Booking Commitments).
11. Your Booking Commitments.
As the Customer, and in addition to this Agreement (not separate to it), We require certain things from You that You must commit to before a booking will be considered complete:
You must not make a booking further than 3 months in advance, regardless of the functionality of Our Site.
You must create an account with HomeSPA before You complete a booking transaction.
You must provide payment details at the time of booking to facilitate payment.
You must make the full payment of the Treatment Price at the time You book the service through Us.
You must always provide accurate information at all times during Your use of Our Service and the Provider Services.
You must download, complete, sign and send back (or print, complete, sign, and give to the Third Party Providers when they arrive), a consultation sheet.
You must make sure the Third Party Provider has adequate ingress to Your property.
Depending on the type of treatment You book, You must make sure You provide appropriate facilities at Your Chosen Property including (but not limited to); adequate lighting, heating, water, electricity.
You must make sure that Your Chosen Property represents a suitable space in which the Provider Service can be performed.
Failure to meet any of these requirements may result in Your booking being classified as incomplete by Us or the Third Party Provider. This could result in; a rejection of Your booking request; a loss of Your booking confirmation; a cancellation of Your booking; and/or an inability of the Third Party Provider to provide the Provider Service. In these cases You understand that such a failure may result in Your forfeit of any payments made to the Third Party Provider and You will not be entitled to any refunds or compensation.
12. Our Booking Commitments.
Under this Agreement, You can expect certain things from Us when You make a payment through Our Service:
We will do all that We can to ensure that the payment information You give Us when paying for the Professional Service is secure by using a secure payment system.
We will honour You any treatment price in force at the date when that Treatment was booked (except in the case where the price would fall below acceptable levels, as stated under section 9 clause 2.)
We will always provide a full refund of any monies paid when a refund request is processed within 60 minutes of the completed transaction as stated under section 14 clause 2.
13.1. You understand that once payment has been made the contract for services is between You and the Third Party Providers, and because the nature of Our Service allows You to book appointments with a Third Party Provider, at Your leisure, and for a specific date and time chosen by You, You do not have the legal right to a cooling off period or to cancel a booking made for a Providers Service.
13.2. However, through this agreement, You can cancel a booking made through Our Service under the following conditions:
- You do not wish to reschedule Your appointment.
- You agree to compensate the Third Party Provider by forfeiting any monies paid during Your appointment booking.
If You agree to the conditions above then You can cancel any appointment, at any time, and without prior notice to the Third Party Provider.
13.3. All cancellations must be done in writing to the email address firstname.lastname@example.org.
14.1. You understand that, for the same reasons stated in section 13 clause 1, You do not have the legal right to a refund by the Third Party Provider for any monies paid towards a Providers Service when You cancel Your appointment.
14.2. Under this agreement, You may be entitled to claim a refund depending on; the length remaining in Your Appointment Window and the date / time You contact Us to notify of Your cancellation, and / or any outstanding commitments (under section 11).
The type of Appointment Window Your refund claim, and therefore the amount (if any) We will refund, falls under no more than one of the list below:
If the time left until Your chosen treatment time is longer than 6 calendar days (First Window), and providing You have not failed to provide correct information to Us when making Your booking, the Third Party Provider will be willing to consider this as sufficient notice to cancel, and You may be entitled to a 100% refund of the monies paid during the booking confirmation.
If the time left until Your chosen treatment time is less than 6 calendar days, but more than 3 calendar days (Second Widow), Your notice to cancel will be classed as insufficient , and the Third Party Provider will be entitled to retain up to 60% of the monies paid during the booking confirmation.
If the time left until Your chosen treatment time is less than 72 hours (Third window), Your notice to cancel will be classed as too insufficient, and the Third Party Provider will be entitled to retain up to 100% of the monies paid during the booking confirmation.
14.3. If Your chosen appointment slot would, at the time when You make the payment, automatically cause Your Appointment Window to fall within the Second or Third window; You will be given a 1 hour grace period (in addition to the refund policies listed above) whereby You can cancel and receive a full refund.
14.4. All claims for refunds must me made by contacting Us at either info@Homespa-ltd.com or via Our Site at https://homespa-ltd.com/claim-form. Failure to contact Us about a refund claim will result in You losing the contractual entitlement to make a claim under this agreement and any monies paid will be retained by the Third Party Provider.
14.5. As stated above, any acknowledgment of a refund claim by Us (and the Third Party Provider as the represented) does not constitute an absolute obligation to provide any refunds to You. Refund claims are accepted and processed solely at Our discretion and should be considered a Goodwill gesture.
15.1. Extensions are not supported under Our Service, however, If You wish to extend Your booking for the Providers Service, You can discuss that with the Third Party Providers after You commence Your treatment.
15.2. The Third Party Provider is not contractually obligated to provide an extension to You.
15.3. Should You and the Third Party Provider agree on an extension then, if requested by the TPP, We may help facilitate the transaction.
15.4. You will not (under any circumstances) be able to use Our service to complain, or resolve any query about said extension as You have booked directly and not through Our Service.
16. Appointment Arrival.
16.1. By making a payment for Provider Services (and taking into account any cancellations) You are agreeing to be at Your Chosen Property 20 minutes before Your chosen treatment time (Set Up Time).
The Third Party Provider will aim to arrive at Your chosen property within this Set Up Time to begin assembling their equipment. You will be required to meet the Third Party Providers outside the boundary of Your property, at street level regardless of the type of building You have.
16.2. Should the Third Party Providers be waiting longer than the 20 minute Set Up Time (with or without prior contact) Your appointment will be classed as missed. At this stage it is at the sole, and complete discretion of the TPP if they decide to continue with the Providers Service. If they decide not to continue with the Providers Service You understand that they are not obligated to:
Provide You with any refund.
Rearrange Your treatment for another time.
Offer You any other sort of compensation
If they do decide to continue with the Providers Service You understand that they are not obligated to:
Keep to the full duration of the appointment.
Reduce the price paid for the treatment.
Rearrange the treatment for another time
Offer You any other sort of compensation
17. Forbidden Use and Abuse of Our Service.
The Services are for Your personal and non-commercial use and must only be used for the purposes laid out expressly in this Agreement. You must not use Our Site or Services to do any of the following (without limitation):
Engage in any inappropriate behaviour;
Restrict (or attempt to restrict) anyone else from using Our Service;
Infringe the privacy rights, property rights, or other civil rights of any person;
Harass, abuse, threaten or otherwise infringe or violate the rights of the Third Party Providers;
Harass, abuse, threaten or otherwise infringe or violate the rights of HomeSPA (including its employees);
Use (or attempt to use) any technology or other means to access Our computer network or unauthorised content; Introduce any viruses or any other harmful code, files or programs; damage, disable or impair Our servers or networks;
Engage in (or be implicit in) criminal or unlawful conduct or misuse the Services for unlawful or unauthorised purposes.
You understand and agree that the above list is not exhaustive and that (common sense notwithstanding) You should not use Our Site, Our Service or the Provider Services for any activity that could be misconstrued by any honest, ‘reasonable man’ to be harmful, dangerous, illegal or otherwise inappropriate. You acknowledge that to do so is to breach Our Terms which could result in restriction, suspension, termination of Your access to the Services and the referral of Your details to the relevant authorities .
18. Our Content and Intellectual Property
The content displayed on Our Site and throughout Our Service is owned by HomeSPA, or licensed to HomeSPA by third parties. Regardless of its registration or status it is protected by copyright, trademark and other intellectual property rights as applicable. It is provided solely for Your own use.
19.1. HomeSPA will always exercise reasonable effort, care and skill to ensure that Our Site and Service remain available and secure, and when performing its obligations under this Agreement, however, HomeSPA can not (and does not attempt to) provide a Site and / or Service that is available, fault-free, error-free, and / or entirely secure at all times. It is impracticable to do so. Therefore, regardless of Your connection with Our Site / Service or this Agreement, We are never liable, nor responsible for:
Any loss or damage (whether direct or indirect) including, but without limitation: loss of earnings; loss of savings (actual or anticipated); loss of opportunity; loss and / or damage to property; loss and / or damage to data.
Or any loss resulting from; Your use of ( or inability to use) Our Site or Service; Your failure to provide accurate and complete information; or from Your reliance on the accuracy or performance of Our Site and / or Service.
19.2. All content on Our Site and / or Service (and any other format associated with Us) is provided purely for general information purposes only. Any benefits referenced, from anything associated with, or advertised by, Us, should be interpreted as a potential benefit only. Benefits are not 100% guaranteed and the effects can vary from one individual to another.
19.3. The treatments listed on Our site are for Your luxury and leisure purposes, not for medicinal purposes. We are not, and do not claim to be, qualified healthcare practitioners. We do not provide medical advice nor medicinal remedies.
You acknowledge and understand that any advice You receive is be interpreted by You, completely and entirely, as educational, it does not constitute, and should never be taken as, medical opinion or advice. and it is Your responsibility to research and ensure that the chosen treatment is suitable for Your requirements before You book through Our service. Always consult with a qualified medical professional.
19.4. Nothing in this Agreement shall exclude or restrict HomesSPA's liability for; death or personal injury caused by Our negligence or any other liability that cannot be excluded or limited under applicable law.
We are never liable or responsible for any errors in, or failure to provide, the Services due to Your error or failure to provide accurate and complete information.
Whilst We make every effort to ensure that the 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 the Services. We reserve the right to suspend or cease the operation of all or part of the Services from time to time at Our sole discretion.
19.5. We reserve the absolute right to suspend or terminate, some or all, of Our Service (and therefore the Site) from time to time at Our sole discretion, and without prior notice.
You agree to defend and indemnify HomeSPA against any and all claims, losses, costs, fines, liabilities (or any other action), by any third party that would arise as a result of (or in connection with) Your use (or misuse as the case may be) of Our Site and / or Service and or otherwise breaches of this Agreement.
HomeSPA reserves the right to modify this Agreement from time to time. It is impracticable for HomeSPA to keep any person that has not used Our Service updated of these changes. Therefore, it is the Customers responsibility to keep up to date with any changes by checking this Agreement regularly.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable for any reason, that provision shall be severed, and the validity and enforceability of the remaining provisions of this agreement shall not be affected.
23. Governing Law and Jurisdiction.
These Terms are governed by the law of England and Wales. Any claims arising out of the use of this Site are to be submitted to the exclusive jurisdiction of the English Courts.
These Terms are governed by the law of England and Wales. You agree that any claims arising out of the use of this Site are to be submitted to the exclusive jurisdiction of the English Courts.