Your use of Our Site, Our Booking Services is subject to these terms and conditions together with any additional terms and policies referred to in them (“Our Terms”).
Last updated : 26 December 2016
Thank you for choosing QUALITY LIFE SENSE, the best place to book a western-oriental professional massages, other western-oriental lifestyle related consultations, corporate onsite mobile services and provision of goods at our private office in Chiswick Park, your office, home or hotel room in London and the suburbs.
These terms and conditions of service together with any terms and policies referred to in them (“ Our Terms ”) constitute a legally binding agreement between you and QUALITY LIFE SENSE (“ QUALITY LIFE SENSE ”, “ we ”, “ us ” or “ our ”). QUALITY LIFE SENSE is a sole trader whose registered office is located at the following address: 566 Chiswick High Road, London W4 5YA.
Our Terms is effective (“ Effective Date ”) on the earlier of (a) the date you accept Our Terms by clicking an “I Agree” button or otherwise indicate that you accept Our Terms (including through an Order Form), or (b) the date you (or an Affiliate) first access or use Our Booking Services.
QUALITY LIFE SENSE provides booking services for a range of massage therapy treatments and other lifestyle consultations, services and goods (“ Services and Goods ”) that are performed in each and every case by independent specialists, including those who are self-employed. (“ Independent Specialist ”). In providing this booking service, QUALITY LIFE SENSE acts as the agent of these Independent Specialists. QUALITY LIFE SENSE has no responsibility for any Services and Goods which you book and purchase through us: we are simply involved with the booking process, marketing, advertisement and administration.
When booked by us, the Services and Goods you receive will be subject to the Independent Specialist’ terms and conditions as set out in the Client Consultation Form (“ Independent Specialists’ T&Cs ”) and you will be asked to confirm your acceptance of them during the booking process online, prior to receiving the Services and Goods. The Independent Specialist’s T&Cs will form the basis of your agreement with the Independent Specialist for your Services and Goods (“ Services and Goods Agreement ”). QUALITY LIFE SENSE is not a party to any Provision of Services and Goods Agreement: this will solely be between you and the Independent Specialist who provides you with your Services and Goods.
Our Terms govern your use of our website (“ Our Site ”) and also our booking system (“ Our Booking System ”) and our telephone, email, in-person booking services, including those booked via third party agencies on behalf of us (collectively “ Our Booking Services ”). By using Our Site or Our Booking Services, you agree to abide by Our Terms.
Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through QUALITY LIFE SENSE for any Services and Goods.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 requires QUALITY LIFE SENSE to give you certain key information for there to be a legally binding contract between you and us. This information is set out below. Details on how to make a booking are set out below. We only conclude contracts in the English language.
CHANGES TO OUR TERMS
We may, in our sole discretion, make changes to this Our Terms from time to time. Any changes we make will become effective when we post a modified version of the agreement to Our Site, and we agree the changes will not be retroactive. If we make any material changes to Our Terms, we’ll also notify you within Our Site or by sending you an email. If you continue using Our Site for Services and Goods after any changes, it means you have accepted them. If you do not agree to any changes, you must not purchase Services and Goods that are bound under new terms and conditions. It is your obligation to ensure that you read, understand and agree to the latest version of Our Terms that’s posted on Our Site. The legend at the top of Our Terms indicates when it was last changed.
You confirm that you are of legal age to access and use Our Site and/or Our Booking Services and of legal capacity to agree to Our Terms. You are not eligible to use Our Booking Services if you are under the age of 18.
When you use Our Site or through Our Booking System you will be able to access to and use of Our Booking System to look for Services and Goods within the United Kingdom and to book and purchase Services and Goods with an Independent Specialist of your choice.
BOOKING PROCESS & PAYMENT
You can make a booking through Our Site or through Our Booking System by choosing an Independent Specialist.
You may only make a booking up to 90 days in advance.
Your payment details will be requested at the time of booking and payment will be collected when you make a booking.
Full payment for the Services and Goods are due at the time of booking that Services and Goods with the Independent Specialist through us. Full details of the prices are referred to on Our Booking System.
The fees and charges for Services and Goods belongs to the Independent Specialist who provides the Services and Goods. QUALITY LIFE SENSE collects the Fees and Charges for Services and Goods from you as their agent. For each booking made through us, we charge the relevant Independent Specialist an agreed fee (plus any VAT applicable thereon) for marketing and administration to that Independent Specialist (“ Our Agent’s Fee ”) each time you make a booking. We have an agreement with each Independent Specialist under which we are entitled to deduct Our Agent’s Fee from the service fee and charge on goods paid by you for the Services and Goods.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Services and Goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of QUALITY LIFE SENSE, 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, debit card need to be authorised by the relevant card issuer unless any other electronic wire transfer methods are used for payments, in which cases the specific terms and conditions may apply in each case.
By making a booking you agree to provide complete, correct and true information including without limitation billing and payment information.
Once your booking is accepted and confirmed by the Independent Specialist, you will receive confirmation of your appointment by email.
By making a booking, you are responsible for:
•Full payment of the applicable Fees and Charges for Services and Goods;
•Ensuring the Independent Specialist has ease of access to your Designated Premises with clear description to your address, considering surrounding environment, such as health and safety conditions to access to your door at hours in the dark;
- Reimbursement of additional charges in order to provide service at
your Designated Premises, including and not limited to taxi fares, car park, toll and traffic enforcement charges where incurred by Independent Specialist under ethically adequate circumstances;
- In all cases, represent a suitable space in which the Services can be
performed, with all appropriate facilities (including, adequate lighting and heating); and
• Ensuring the health and safety of the Independent Specialist whilst at your Designated Premises.
Fees and Services are payable through Our Site or Our Booking System for Fees and Charges as part of Our Booking Services. As noted above, we collect payment of Fees and Charges on behalf of the Independent Specialist to whom we charge Our Agent’s Fee.
Please note that all Fees and Charges are exclusive of VAT and VAT will be charged by the Independent Specialist at the prevailing rate where applicable.
The price of Services and Goods (each a “ Our Price ” and collectively “ Our Prices ”) varies according to the type and duration of the series you book and also the location of the premises you have designated for the services to be provided to you by the Independent Specialist (“ Designated Premises ”). Our Prices are set from time to time and Our Price you will be required to pay for a specific Services and Goods (each a “ Our Price ” and collectively “ Our Prices ”) will be determined by reference to the Fees and Charges in force at the date when that is Services and Goods are booked and purchased. QUALITY LIFE SENSE may increase any Fees and Charges at any time, with or without notice to you.
PREPAID SERVICES AND GOODS
You acknowledge that you do not have any statutory right to cancel a booking and purchase made for Services and Goods. However, you have a contractual entitlement for prepaid services and goods (“ Prepaid Services and Goods “), including bulk purchase at discounted rate (each a“ Bulk Purchase “ and collectively “ Bulk Purchases “), gift certificates (each a“ Gift Certificate “ and collectively “ Gift Certificates “) and prepaid money with rewards in wallet account (“ Wallet Account “) that have a valid period (“ Valid Period “) of six (6) months to two hundred and forty (240) days from the date of purchase, as specified for each on Our Site. In case of the person entitled to Prepaid Services and Goods is no longer able to use the Services and Goods purchased within the Valid Period due to inevitable reasons, it may be transferred to designated person upon acceptance of QUALITY LIFE SENSE provided it is to be used by the designated person within the valid period. Under any circumstances we are not liable nor responsible for any refund to the Services and Goods booked, purchased or prepaid.
If you believe a payment has been processed in fraud errors, you must provide written notice to QUALITY LIFE SENSE within twenty-eight (28) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by QUALITY LIFE SENSE within such twenty-eight (28) day period, the payment will be deemed final.
In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking or an inability of the booked Independent Specialist to provide the Services and Goods as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation.
CANCELLATION & REFUNDS
You acknowledge that you do not have any statutory right to cancel a booking and purchase made for Services and Goods. However, you have a contractual entitlement to change any booking you have made with an Independent Specialist through us in the following circumstances and on the described terms.
Subject to the notification being a Late or Very Late Notification (as described below), if you change your mind about your booking prior to the agreed appointment start time in that booking (“ Service Appointment Time ”) then the Independent Specialist will be willing to treat your booking as amendable (subject to additional payment for administration (“ Administration Charge ”) twenty pounds sterling (£20) and any part of the applicable Fees and Charges for the upward difference between the prices at the original booking and the prices available at the time of amendment of booking (“ Fee to Current Price ” )), if you change your booking, please contact via Our Site or via Customer Care by email or a phone call:
•at least three (3) days prior to the Service Appointment Time; or
•within ten (10) minutes of you having confirmed that you want to make a booking (” Grace Period “).
If your amendment of a booking is:
•within three (3) days of the Service Appointment Time; or
•after the Grace Period has elapsed
then unless the amendment represents a Very Late Notification (as described below), the Independent Specialist will be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable Service Fee because your notification represents a Late Notification.
However, the Independent Specialist may be willing to treat your booking as amendable (subject to additional payment of Administration Charge at twenty pounds sterling (£20), compensation charge at a rationale rate for the Independent Specialist (“ Compensation Charge ”), and any part of the applicable Fees and Charges for the upward difference between the prices at the original booking and the standard prices in Our Site at the time of amendment of booking (“ Fee to Standard Price ”)).
You will also be charged the full Service Fees and Charges by the Independent Specialist if you:
1Cancel a booking other than as permitted above;
2Attempt to cancel a booking on or after Service Appointment Time; or
3Fail to attend a booking at the Service Appointment Time and/or at the Designated Premises.
A cancellation charge (each an “ Cancellation Charge ” and collectively, “ Cancellation Charges ”) is charged in order to compensate the Independent Specialist because it is not reasonable to expect that Independent Specialist to be able to provide Services at another booking where you cancel with short or no notice.
Cancellation Charges may in our absolute discretion be waived where you have been unable to cancel a booking without incurring the Cancellation Charge for genuine reasons which were outside of your control. Where Cancellation Charges are waived by us, we act as agent of the Independent Specialist who is the principal in supplying the Services and Goods.
EXTENSIONS AND DELAYS
If you wish to extend the time you have booked, the Independent Specialist will endeavour to fulfil your request. This subject to the availability of the Independent Specialist and also payment of an additional charge for the extended time calculated in accordance with Our Prices (each an “ Extra Time Fee ” and collectively, “ Extra Time Fees ”).
If you are delayed and unable to start the Service at the Designated Premises at the Service Appointment Time by more than 10 minutes then, unless the Independent Specialist agrees to the contrary (which is within the sole discretion of the Independent Specialist):
•the Independent Specialist is entitled to end the Service at the time agreed when the booking was made without making any adjustment to the Service Fee to reflect the reduced time of the Service; or
•if you and the Independent Specialist agree to proceed with the Service for the full time allotted notwithstanding the delayed start time, then Independent Specialist shall be entitled to receive and you shall be obliged to pay before the relevant service is given, an additional charge calculated at the rate set out with the Our Prices for extra time.
We will collect the Extra Time Fees as agent of the Independent Specialist.
QUALITY LIFE SENSE ACTS AS AN AGENCY
Our Booking Services enable those seeking Services and Goods to book and purchase with Independent Specialist seeking to provide such Services and Goods. Whilst QUALITY LIFE SENSE interviews and assesses Independent Specialist who wish to provide Services and Goods, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Independent Specialists. This is entirely a matter for you. Accordingly, you acknowledge and agree that QUALITY LIFE SENSE does not have any obligation to conduct any background checks on any Independent Specialist and have no obligation in respect of any services and goods they may provide.
When interacting with any Independent Specialist you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you.
Our Booking Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for our Services and Goods as expressly described above. You must not use Our Site, Our Booking Services to do any of the following which are 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 Our Booking 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 Independent Specialists, QUALITY LIFE SENSE (including its employees and personnel) or others;
•Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
•Use technology or other means to access our computer network, unauthorised content or non-public spaces;
•Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit Our Booking Services’ functionality;
•Damage, disable or otherwise impair our servers or networks or attempt to do the same; and
•Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of Our Booking Services for unlawful or unauthorised 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 Our Booking Services.
QUALITY LIFE SENSE, the QUALITY LIFE SENSE logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site, Our Booking Services or the Services and Goods (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law. Nothing in these Terms grants you any rights in Our Site, Our Booking Services or the content within the same. All rights are reserved.
As noted above, we market, advertise and administer for individuals seeking our Services and Goods to Independent Specialist seeking to provide such Services and Goods. We are not liable or responsible for the fulfilment of any booking or the performance of the Independent Specialist. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent Specialist or any Services and Goods provided.
Content on Our Site and Our Booking System which is made available as part of Our Booking Services is provided for your general information purposes only. Nothing contained on Our Site, Our Booking System or communicated any other way as part of Our Booking Services constitutes, or is meant to constitute, advice, opinion or guidance of any kind. We are not a health care provider nor do we provide medical advice or medical treatment. References in Our Site, Our Booking Services and elsewhere to “Treatment”, “Therapy”, “Consultancy” or any similar terms do not refer to medical treatment or medical therapy. The information presented on Our Site and otherwise as part of Our Booking 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 warranty or guarantee that Our Site, Our Booking System or any other aspect of Our Booking 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 Our Site, Our Booking System or any other aspect of Our Booking Services.
Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of QUALITY LIFE SENSE, fraud or fraudulent misrepresentation by QUALITY LIFE SENSE, or any matter which it would be illegal or unlawful for QUALITY LIFE SENSE to exclude or limit, or to attempt or purport to exclude or limit, its liability.
We are not liable or responsible for any errors in or failure to provide Our Booking Services due to your error or failure to provide accurate and complete information.
Whilst we make every effort to ensure that Our Booking System is available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of Our Booking Services. We reserve the right to suspend or cease the operation of all or part of Our Booking Services from time to time at our sole discretion.
TO THE MAXIMUM EXTENT PERMITTED AT LAW 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.
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 Our Booking Services and otherwise from your violation of Our Terms.
MODIFICATION & TERMINATION
We may modify Our Terms or terminate use of Our Booking Services at any time by giving notice of termination to you. The Our Prices may also change from time to time. We may also change, suspend, terminate or discontinue any aspect of Our Booking Services including availability of certain features at any time for any reason.
If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
GOVERNING LAW & JURISDICTION
You agree that Our Terms for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the nonexclusive jurisdiction of the English courts as regards any claim or matter arising under these Terms.