Consumer Agreement

Definitions:

In these Conditions:
  1. 'Client' means the person seeking to purchase the Services from the Company;
  2. 'Company'/'We'/'Our'/'Us' means Parlour Ltd trading as The Therapy Agency ('TTA');
  3. 'Therapist' means the person placed by the Company, with the Client, in the provision of the Service;
  4. 'Conditions' means the conditions of sale set out in this document and any special terms and conditions agreed in writing between the Client and a Company Signatory;
  5. 'Contract' means any contract between the Company and the Client for the supply and acquisition of the Services;
  6. 'Security Details' means the identifying words, codes and/or numbers agreed between You and Us that are used in the security procedure;
  7. 'Session' means the arranged appointment, during which the Therapist and Client work together to provide the requested Service;
  8. 'The Price' is the total cost of the Services in accordance with the Order;
  9. 'Therapy Day' relates to the placement of one Therapist for one day, usually within a workplace or at an event or function;
  10. 'Service' means TTA Service or services provided by TTA; and
  11. 'Website' means The Therapy Agency Website operated by the Company.
  12. 'Discrimination' refers to direct and indirect discrimination, harassment and victimisation.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
  1. Complementary Therapy Treatments
  2. Basis of the Sale
  3. Orders and Specifications
  4. Price
  5. Payment
  6. Refund
  7. Warranties and Liability
  8. Confidentiality
  9. Termination
  10. The Company's Obligations to the Client
  11. Client's Obligations to the Company
  12. Client's Obligations to the Therapist
  13. Nature of Relationship
  14. General
1. Complementary Therapy Treatments
  1. 1.1. We strongly recommend that you consult your doctor before using any complementary therapies if you have any symptoms or a diagnosed medical problem. You should ensure that it is safe to start a complementary therapy if you are already taking medication or undergoing a course of treatment.
  2. 1.2. Do not cease or alter conventional treatment or medication for any reason without consulting a doctor.
  3. 1.3. Always inform your doctor and complementary practitioner of any treatments, medication or remedies, both conventional and non-conventional, that you are taking or intend to take. You should ensure that it is safe to start on a new product or course of treatment if you are already taking or using a medicine, remedy or other supplement.
  4. 1.4. Always inform your doctor and complementary practitioner of any symptoms, or medical problems - including mental health problems - that you are or have experienced.
  5. 1.5. Do not begin a course of complementary therapy without first consulting your doctor if you are pregnant, are trying to conceive, or are breast feeding.
  6. 1.6. Consult your doctor before allowing babies or infants to receive complementary treatments as some are unsuitable for small children.
  7. 1.7. Consult your doctor if your symptoms persist or worsen.
  8. 1.8. Some individual complementary treatments, medication or remedies, have certain cautions and contraindications, which may restrict their provision. Please consult with your therapist or healthcare professional.
2. Basis of the Sale
  1. 2.1. The Company shall supply and the Client shall acquire the Services in accordance with any Order request by the Client, and confirmed verbally by the Therapist and which is then later confirmed by the Company via email or telephone.
  2. 2.2. No variation to these Conditions shall be binding unless agreed in writing between the Client and a TTA Company Signatory. The Company shall only be responsible for verbal representations made by its representatives if confirmed in writing by a Company Signatory. In entering into the Contract, the Client acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed.
  3. 2.3. The Company reserves the right to make any changes in the specification of the Services that are required to conform with any applicable statutory or EC requirements, or which do not materially affect the nature or quality of the Services.
  4. 2.4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, order, bill of sale, or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
  5. 2.5. The Client's relationship with the Company is one of principal and agent. Nothing in this agreement is intended to create a relationship of employer and employee between the Client, the Therapist, and the Company either generally or in relation to any one or more of the Client's obligations under this agreement or a relationship of principal and contractor.
  6. 2.6. All Clients must be able under UK law to give legal consent to order any Service from TTA. Any person unable to enter into a contract must be represented at the time of the booking, and supported during each Session by a suitable parent or guardian who is legally responsible for the Client and can answer on their behalf.
3. Orders and Specifications
  1. 3.1. No Order submitted by the Client shall be deemed to have been accepted by the Company until confirmed both verbally by the Therapist at the time of the booking confirmation, and in writing from TTA, with a valid booking reference and statement to provide acceptance of the Order.
  2. 3.2. The Client shall be responsible to the Company for ensuring the accuracy of the terms of any Order and Information submitted by the Client, and for giving the Company any necessary Information relating to the Services within a sufficient time to enable the Company to perform the Contract in accordance with its terms. This information includes, but is not limited to: a valid land-based contact telephone number in the UK; a valid email address accessed by the Client; and a valid building address occupied by the Client.
  3. 3.3. The Client shall at its own expense retain duplicate copies of Information and insure against its accidental loss or damage. The Company shall have no liability for any such loss or damage, however caused.
  4. 3.4. No Order which has been accepted by the Company may be cancelled by the Client except with the agreement in writing of the Company and on condition that the Client shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation. For further information see section 6. Refunds.
  5. 3.5. As time is limited during each session, because appointments cannot overrun, and because certain procedures must be carried out during each Session for the safety and professionalism of each treatment, should the Client fail to attend the Session within the agreed start time of 15 minutes of one hour bookings; or within 5 minutes of the agreed start time for on-site bookings within a Therapy Day, then the Client will still be liable in full for Payment and both TTA and the Therapist are under no obligation to provide the requested Service in the remaining time available, or at any other time.
4. Price
  1. 4.1. The Price shall be as quoted at the time of booking. It will often require the manual intervention of the Client to select the correct price from a list of prices and Services available.
  2. 4.2. Any attempt by the Client to formally request a booking at a price other than the advertised rate at the time of booking, shall not deem TTA liable to fulfil the Order, and may result in additional charges being made to the Client for action taken which will be advised in writing.
  3. 4.3. The Company reserves the right, by giving notice to the Client, to increase the Price to reflect any change in the Client's instructions or any lack of instructions, the inaccuracy of any Information or any other cause attributable to the Client.
  4. 4.4. The Price is inclusive of any VAT for the Services (where not otherwise clearly stated), for which the Client shall be liable at the applicable rate.
5. Payment
  1. 5.1. For online individual bookings, payment card details are pre-authorised prior to any booking confirmation by the chosen Therapist. The Price shall be paid by the Client (without any set-off or other deduction) immediately after booking confirmation is made by the complementary therapist concerned as applicable. The therapist subsequently confirms with TTA Service and the Price is deducted from the Client's payment account. The time of payment of the Price is of essence of the Contract.
  2. 5.2. If the Client fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
    1. 5.2.1. cancel the Order or suspend any further Services to the Client;
    2. 5.2.2. appropriate any payment made by the Client to such of the Services as the Company may think fit (notwithstanding any purported appropriation by the Client).
  3. 5.3. If the Company fails to provide the Client with a suitable Therapist according to the Order request and more than one Session is arranged, then the Client will not be liable for any payment for that period, as calculated on a pro-rata basis. Where payment has already been made by the Client, a full refund to the pro-rata amount will be made.
  4. 5.4. Therapists' personal and contact details are fully confidential even after Clients have visited that therapist directly. Although we recommend the passing of Word of Mouth referrals by Consumers for the purpose of gaining new Consumer clients, the possession or passing of a Therapist's personal details to another third party, for the purpose of developing a competitive business or onsite placement, which results in an engagement, renders the Clients and other business liable to payment of the Company's fee and the acceptance of our Business Contract for such a Business engagement.
  5. 5.5. The following methods are generally accepted for payments to The Therapy Agency: Mastercard, Visa, Delta, Visa Electron, JCB, Solo, Switch.
6. Refunds
  1. 6.1. Due to the nature of the Services offered by TTA, each Order is exempt from the seven day cooling off period under the Distance Selling Regulations. This is because each Therapist may be unable to gain replacement Client(s) for the session time booked.
  2. 6.2. If you wish to reschedule Individual Bookings please contact the Therapist directly in the first regard to establish whether they may re-allocate a suitable booking time and date at a mutually agreeable time. Please note that the Therapist is under no obligation to change appointment dates or times from that originally confirmed after the preferred booking and any alteration may be subject to an additional £5 administration charge. If you are able to agree a new suitable treatment date and time with the therapist, please make the additional administration payment directly to the Therapist at the time of your booking (in an acceptable format agreed by the Therapist) and the normal full balance will also be taken from your card in accordance with your original booking. If the Therapist is unable to re-allocate a suitable treatment date and time, please contact The Therapy Agency directly and we may offer a refund of your booking price directly to your card, less the administration charge, subject to time restrictions detailed below:
    1. 6.2.1. If you wish to cancel a treatment before a date and time is confirmed directly with the Therapist, please either contact the Therapy Agency, or ask to cancel the booking when the therapist contacts you to discuss the new potential booking. Any cancellation agreed, before the date and time is confirmed between both of you, will entitle you to a full refund and should not appear on your payment card statement, provided the period before the treatment time is greater than 3 days duration. (Hence we request that all bookings are made a minimum of 7 days in advance).
    2. 6.2.2. If the treatment date and time has been confirmed directly with the Therapist and there are at least 3 days until the treatment time remaining, then any cancellation or change of booking date and/or time will in incur an additional £5 administration charge, made payable to the Therapist directly, or The Therapy Agency as applicable.
    3. 6.2.3. Less than 3 days before the proposed treatment date and up until 36 hours before the confirmed treatment time, any changes made to the appointed time will incur an additional administration charge equivalent to 50% of the original treatment value. If the Therapist is able to re-allocate a suitable time (for example a postponed date), please make this additional payment directly to the Therapist at the time of your appointment. If the treatment time and date cannot be changed by the Therapist, please contact The Therapy Agency with your full booking details so that the treatment can be cancelled and the remaining balance can be refunded to your card.
    4. 6.2.4. Within 36 hours of the agreed treatment time, no changes can be made to the appointed treatment date and time. If you are unable to attend, or just do not attend at the agreed time and place (or within 15 minutes of the appointed start time), no refund can be provided and the treatment remains paid in full.
    5. 6.2.5. If you have a complaint about your booking and wish to receive a refund or partial refund for this reason, please contact The Therapy Agency Customer Service Team directly in writing within 10 days of the booking. They will deal with your complaint in the appropriate manner and arrange a suitable refund to your card as applicable, subject to internal review.
7. Warranties and Liability
  1. 7.1. The Company warrants to the Client that the Services will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the information provided. Therapists do not usually have medical qualifications and should not medically diagnose any condition or symptom. Should you have any concerns or queries of a medical nature, you should first contact your GP or other HealthCare Professional.
  2. 7.2. The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Information or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
  3. 7.3. Nothing in these Conditions shall:
    1. 7.3.1. exclude or restrict the Company's liability for death or personal injury resulting from the Company's negligence; or
    2. 7.3.2. affect the Client's statutory rights if transacting as a consumer.
  4. 7.4. Subject to clause 7.3, or as expressly provided in these Conditions, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Company's charges for the provision of the Services.
  5. 7.5. The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company's reasonable control.
  6. 7.6. The Client represents and warrants that the Client's use of the Services pursuant to these Conditions shall not infringe any intellectual property rights of third parties. The Client agrees to indemnify the Company against any liabilities, including legal fees and costs arising out of third-party claims against the Company arising from or in any manner connected with the Client's use or misuse of the Services in any manner not specifically authorised by the Company pursuant to the Contract and any claim that the Information infringes the intellectual property rights of others.
  7. 7.7. Notwithstanding any other provision in this Agreement, in no event shall the Company be liable for:
    1. 7.7.1. any loss of profit or other indirect loss or damage suffered by the Client; and
    2. 7.7.2. any amount in excess of the amount of Fees paid by the Client under this Agreement.
  8. 7.8. The Company endeavours to ensure that the services of any person supplied to the Client are satisfactory.  However the Client is strongly recommended to satisfy themselves, from the time that the Therapist first begins to provide Services to the Client, that the Services provided are satisfactory.  In the event of any Therapist's Services failing to satisfy the reasonable standards required by the Client, or should the Client have any concerns regarding the capability or suitability of any Therapist introduced by the Agency, the Fee aforesaid shall not be paid by the Client, provided that the Client has both dispensed with that person's services immediately upon such dissatisfaction, and has notified the Company of such dismissal not later than four hours from the time that Therapist first began to render Services to the Client.
  9. 7.9. The Company reserves the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not, without the written consent of TTA, dispose of this Agreement.
  10. 7.10. The Indemnity in this Agreement is a continuing obligation, and separate and independent from any other obligation in this Agreement, and survives termination of this Agreement.
8. Confidentiality
  1. 8.1. Each party shall at all times use its best endeavours to keep confidential (and to ensure that its employees, consultants, Therapists and agents shall keep confidential) any confidential information which it or they may acquire in relation to the business and affairs of the other party and shall not use or disclose such information except with the consent of that other party, in accordance with the order of a court of competent jurisdiction or to meet other legal requirements.
  2. 8.2. The obligations of each of the parties contained in clause 8.1 above shall continue without limit in point of time but shall cease to apply to any information coming into the public domain otherwise than by breach by any such party of its obligations under the Contract provided that nothing contained in clause 8.1 above shall prevent any party from disclosing any such information to the extent required or in connection with legal proceedings arising out of the Contract.
  3. 8.3. Neither the Client nor the Company shall disclose to any third party without the written consent of the other any information of a confidential nature concerning each other's business which comes to the other's knowledge including (and for the avoidance of doubt) the specific terms of the contract between the Company and the Client for the Company's service.
  4. 8.4. The Therapy Agency Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, the Client also gives consent to the way the Company may handle personal information contained in that policy.
9. Termination
  1. 9.1. The Company reserves the right to suspend or terminate all or part of the Services with immediate effect, where the Services have been inappropriately used.
  2. 9.2. The Company reserves the right to suspend provision of the service for the Client until full payment of all invoices has been made.
  3. 9.3. The Company may forthwith terminate the contract on the death, insolvency, bankruptcy (as appropriate) of the Client or by notice to the Client in the event of the Client's breach of the contract which is not capable of remedy within 3 working days of written notice of the breach.
  4. 9.4. The Company reserves the right to refuse replacement if we believe that a Therapist has been harassed or mistreated in any way emotionally, physically, or mentally.
  5. 9.5. The Company reserves the right to refuse any appointment in the interests of both client and therapist safety. Where fault is not with the Client, a full refund will be provided in accordance with the rest of this Agreement.
10. The Company's Obligations to the Client
  1. 10.1. The Company will take all reasonable steps to provide the agreed number of professional Therapists, at the times specified, with the skills agreed, on the dates and times arranged according to the Order. Should TTA not provide the Services contained in the Order to the Client through reasons outside of the Client's control, TTA shall provide a full refund of any payment made by the Client, or shall provide a Service of equal value (as stated on the original purchase order) as agreed by the Client.
  2. 10.2. All Therapists are supplied by the Company acting as agents for the Client. As agents the Company will so far as possible check the references of therapists and will examine qualifications and Public Liability insurance details; notwithstanding this the Client shall take direct responsibility for all statutory duties where applicable, Health and Safety regulations, and liability insurances not covered by the Therapist's own Public Liability Insurance.
  3. 10.3. The Company as contracting agent will terminate a Therapist's placement with the Client if so instructed.
  4. 10.4. The Company endeavours to ensure the suitability of candidates selected on behalf of Clients. TTA does not directly or indirectly employ Therapists. All therapists remain self-employed as sub-contractors or consultants.
  5. 10.5. The Company lays down a Code of Ethics and Practice to which the Therapists must adhere. The Company does not, and cannot, monitor the day-to-day activities of its individual Users and Therapists.
  6. 10.6. The Company endeavours to ensure that the services of any person supplied to the Client are satisfactory. However the Client is strongly recommended to satisfy themselves, within 45 minutes from the time that the person first begins to render services for or on behalf of the Client, that the services are satisfactory. In the event of any person's services failing to satisfy the reasonable standards required by the Client, the charge aforesaid shall not be paid by the Client, provided that the Client has both dispensed with that person's services immediately upon such dissatisfaction, and has notified the Company of such dismissal not later than four hours from the time that person began to render services to or on behalf of the Client.
11. Client's Obligations to the Company
  1. 11.1. The acceptance by or on behalf of the Clients of any person supplied by the Company shall be deemed acceptance of and agreement to these conditions of business.
  2. 11.2. The Client shall pay an hourly rate, daily rate, or fixed rate as agreed, in respect of each Therapist supplied by the Company. The charge shall be calculated in accordance with the charges previously communicated to the Client by the Company including which Value Added Tax shall be paid where applicable. The charge shall include all fees and emoluments of the person supplied to the Client.
  3. 11.3. Although Therapists supplied to the Client are engaged under contracts for Services with the Company, Therapists shall be subject to the exclusive direction and control of the Client who:
    1. 11.3.1. shall be responsible for all acts and omissions of any such person whether wilful, negligent or otherwise, and
    2. 11.3.2. subject to condition 11.2 herein, shall comply with all obligations, duties and regulations (whether statutory or otherwise and without prejudice to the generality of the foregoing relating to the place, nature or system of work) in any way arising from or directly or indirectly connected with the Services rendered by any person supplied to the Client.
  4. 11.4. The Company shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with the supply by the Company to the Client of any person or the use by the Client of the services of any person supplied by the Company or any failure by the Company to supply any person for all or any part of the period of a booking by the Client.
12. Client's Obligations to the Therapist
  1. 12.1. If the Therapist is visiting the Client, the Client must provide:
    1. 12.1.1. a suitable area within which to work, that is; clear of avoidable interruptions, safe and secure, clean, ventilated and of a suitable temperature, humidity and size to carry out the Services.
    2. 12.1.2. access to safe electricity and fresh water where required, and suitable hygiene facilities for the Therapist.
    3. 12.1.3. safe passage to and from any public road for the Therapist's vehicle as required, and safe parking for said vehicle if parking is not publicly available.
    4. 12.1.4. safe passage for the Therapist to and from the Therapist's vehicle, or public road, to reach the working area.
  2. 12.2. The Client is responsible for providing their own property insurance, vehicle insurance, and other documents as required to access TTA Services, or location in which to provide TTA Services.
  3. 12.3. In addition and without prejudice to the foregoing conditions the Client undertakes to indemnify and at all times to keep indemnified the Company against all liabilities suffered or incurred by the Company arising out of or in connection with the matters raised in condition 11.3 herein.
  4. 12.4. TTA Therapists have the a right to work in an area that is safe and free from unlawful Discrimination. Client warrants that they shall treat the Therapist in a fair, safe and lawful manner at all times.
  5. 12.5. In the event that any Consultant or Employee of TTA makes a formal complaint of Discrimination, including sexual harassment, to the Company, in respect of any Client or person associated with said Client, the Client agrees that they will take all steps necessary to assist the Company to investigate and resolve such a complaint.
13. Nature of Relationship
  1. 13.1. Nothing in this agreement may be deemed to constitute a partnership, joint venture, or other legal relationship between the Company and the Client other than that of supplier and purchaser.
14. General
  1. 14.1. Unless the Company otherwise agrees in writing these terms and conditions shall govern the contract between the Company and the Client for the provision of service to the exclusion of any other terms including without limitation and conditions warranties and representations written or oral express or implied and including any written terms and conditions previously produced by the Company to the Client. This does not affect your Statutory Rights as a Consumer.
  2. 14.2. The Company may without liability to the Client amend these conditions on giving reasonable notice, save for where the Client's rights are substantially affected by doing so.
  3. 14.3. No variation or qualification of these terms and conditions shall be binding upon the Company unless otherwise agreed in writing by the Company and the Client. No agent, employee or representative of the Company has the authority to make such variation or qualification of these terms and conditions unless such person is expressly authorised in writing by the Company to do so.
  4. 14.4. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
  5. 14.5. No failure or delay by the Company in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
  6. 14.6. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
  7. 14.7. English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

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