TERMS & CONDITIONS
Your use of this website or our app will be subject to our terms and conditions.
Terms and conditions are available on request
WELLCALM TERMS OF SERVICE
Thank you for choosing WellCalm, the best place to book a massage and therapeutic service delivered to your front door.
These Terms of Service (“Terms”) constitute a legal agreement between you and WellCalm, Inc. (“WellCalm”, “We”, “Us” or “Our”). These Terms govern your use of this website (the “Site”) and the services we provide in facilitating bookings for massage and therapeutic treatment (“Services”). By using the Site or Services, you agree to abide by these Terms.
Please read these Terms carefully and thoroughly. If you do not accept these Terms, you must not make a booking for any massage therapy treatments.
You confirm that you are of legal age to access and use the Site and/or the Services and of legal capacity to agree to these Terms. You are not eligible to use the Site or Services if you are under the age of 18.
PRICES & PAYMENT
Prices vary according to type and duration of treatment as described on the Site. Full payment is due upon completion of treatment session. Accepted payment methods are as described on the Site.
By making a booking you agree to provide complete, correct and true information including billing and payment information.
It is your responsibility to provide accurate information at time of booking. Failure to provide correct information may result in, without liability to you, a rejection of booking request, cancellation of booking or an inability of the booked therapist to provide treatment as requested. Such failure may also result in loss or incorrect delivery of email confirmation of your booking.
Once your booking is accepted and confirmed, you will receive a confirmation email of your appointment.
By making a booking, you are responsible for:
• Full payment as applicable.
• Read and understood WellCalm’s informed consent for therapy treatment.
• Ensuring therapist has access to your designated premises and suitable space and facilities in which the treatment can be performed, including adequate lighting and heating.
• Ensuring the health and safety of the therapist whilst at your designated premises.
CANCELLATION & REFUNDS
You acknowledge that you do not have the right to cancel a Booking under statutory regulation. However, you are entitled to cancel Bookings in accordance with this clause.
If you change your mind about your Booking prior to the appointment time, then you may cancel your booking without making payment of the booking fee or any cancellation fee provided that you cancel the booking via Customer Support firstname.lastname@example.org
1 At least twenty four (24) hours prior to the start time of your booking; or
2 If you are making the booking within such twenty four (24) hour period, within ten (10) minutes of you having confirmed that you want to make the booking ("Grace Period")
If you cancel a booking within twenty four (24) hours and two (2) hours prior of the start time of your booking or, where relevant, after the Grace Period has elapsed, we will charge you 70% of the booking.
If you cancel a booking within two (2) hours of the start time of your booking or, where relevant, after Grace Period has elapsed, we will charge you 100% of the booking.
You will be charged the full booking fee if you:
1 Cancel a Booking other than permitted above
2 Attempt to cancel a booking on or after the appointment time
3 Fail to attend a booking at the appointment time and/or at the correct location
We charge a cancellation fee to compensate the therapist because the therapist will unlikely be able to make another booking where you cancel with short or no notice.
We may waive our right to cancellation fees in our sole discretion where you have been unable to cancel a booking without incurring the cancellation fee for genuine reasons which were outside of your control.
EXTENSIONS AND DELAYS
If you wish to extend the time you have booked, the therapist will endeavour to fulfill your request subject to availability. If you are delayed and unable to meet your booked appointment time in excess of 10 minutes, you may be unable to receive your full allotted treatment time since this shall be subject to the therapist’s availability. In case of such delay, you may be charged additionally in accordance with applicable rate for any extra time as a result of your delay.
WELLCALM IS ONLY A VENUE
Our Site and Services act as a communications platform for enabling the connection between individuals seeking to obtain massage treatment and/or individuals seeking to provide such massage treatment services. WellCalm interviews and assesses therapists who wish to provide massage treatment services, however, WellCalm does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such therapists or massage treatment service providers. When interacting with such therapists or massage treatment service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons who are unknown to you.
You must not use the Site or the Services to do any of the following which is 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.
- Restrict or inhibit any other user from using and enjoying the Site or 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 therapists, WellCalm (including its employees and personnel) or others;
- Harvest, data-mine or otherwise collect information about others, including e-mail addresses, without their consent.
- Use technology or other means to access our computer network, unauthorized content or non-public spaces;
- (Attempt to) introduce viruses or any other harmful code, files or programs that interrupt or otherwise or limit Site’s or Services’ functionality;
- (Attempt to) damage, disable or otherwise impair our servers or networks;
- Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Site or Services for unlawful or unauthorized purposes. You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to the Site and Services.
WellCalm, the WellCalm logo, brand and all other trademarks, service marks, graphics and logos used in connection with the Site or the Services are our trademarks, registered or unregistered, protected by intellectual property law. No marks may be copied, imitated or used, in whole or in part, without our express prior written consent. All rights are reserved.
We facilitate booking of treatments only. We are not liable or responsible for fulfillment of any booking or performance of the therapist or massage therapy service provider.
Nothing contained on the Site or communicated via the Services constitutes, or is meant to constitute, advice of any kind. We are not a health care provider nor do we provide medical advice or medical treatment. References in the Site and via the Services to “Treatment” and “Therapy” do not refer to medical treatment or medical therapy. The information presented on the Site and via the Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.
We make no guarantee that the Site or Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of the Site or Services.
LIMITATION OF LIABILITY
By using the Site or Service, you agree to hold WellCalm free from liability or responsibility for any damage that might arise out of the transaction between you and any therapists or massage treatment service providers. WellCalm SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICES OR ANY THERAPISTS OR MASSAGE TREATMENT SERVICE PROVIDERS. WellCalm SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.
We are not liable or responsible for any errors in or failure to provide Services due to your error or failure to provide accurate and complete information.
We do our best to keep disruptions to a minimum, however we may temporarily suspend the Site and Services from time to time. This may be due to maintenance, other administrative purposes or circumstances which are beyond our control including but not limited to Acts of God, natural disasters, power failure, failure of any telecommunications or other data transmission system. We shall not be liable in these circumstances.
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.
USE OF THIS SITE AND SERVICES IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVING OR PROFITS, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES.
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 WellCalm, fraud or fraudulent misrepresentation by WellCalm, or any matter which it would be illegal or unlawful for WellCalm to exclude or limit, or to attempt or purport to exclude or limit, its liability.
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 the Site and/or Service or otherwise from your violation of these Terms.
MODIFICATION & TERMINATION
We may modify these Terms including fees and charges for Services or terminate use of the Site or Services at any time by giving notice of termination to you. We may also change, suspend, terminate or discontinue any aspect of the Site or Services including availability of certain features at any time for any reason.
If any provisions of these Terms are deemed or become invalid, the validity of the other provisions shall not be affected.
GOVERNING LAW & JURISDICTION
You agree that these Terms for all purposes, shall be governed by and construed in accordance with Canadian law. You also agree, subject to the following clause, to submit to the nonexclusive jurisdiction of the Canadian courts as regards any claim or matter arising under these Terms.
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