Secret Spa Terms and Conditions

Please read these terms and conditions carefully. Your use of the Site and any Therapist Services arranged through the Site shall be governed by these terms and conditions. By using the Site and/or booking any Therapist Services you agree to be bound by these terms and conditions. If you do not agree to any of these terms and conditions you must stop using the Site and/or any Therapist Services.

Definitions

App means the mobile application operated by Secret Spa for the purposes of facilitating Bookings by Clients;

Booking means the booking of Therapist Services by a Client and the confirmation of acceptance of that booking by a Therapist, in each case through the Site;

Cancellation and Refund Policy means our cancellation and refund policy the current version of which can be viewed here;

Client or you means the individual who books Therapist Services through the Site and to whom those Therapist Services are provided by a Therapist and your shall be construed accordingly;

Commission means the commission payable by the Therapist to Secret Spa in respect of each Booking as described in the Fees section of these Terms;

Privacy Policy means our privacy policy the current version of which can be viewed here;

Secret Spa or we means Secret Spa (London) Limited a company registered in England and Wales with company number 09470015 whose registered office address is 166 Boundaries Road, SW12 8HG and us and our shall be construed accordingly;

Therapist means the person introduced by Secret Spa to the Client for the provision of Therapist Services;

Therapist Fee means the relevant fee payable in respect of Therapist Services (as detailed on the Site and in the Fees section of these Terms) to be paid by the Client to the relevant Therapist;

Therapist Services means the beauty therapist services provided by Therapists to Clients as detailed on the Site from time to time;

Site means http://www.secretspa.co.uk;

Site Services means the provision of the Site by Secret Spa for the purpose of facilitating Bookings of Therapist Services, effecting introductions of Clients to Therapists and the collection of payment for Bookings together with ancillary services related thereto, but expressly excluding the provision of Therapist Services;

Terms means the terms and conditions displayed on the Site at www.secretspa.co.uk/termsandconditions;

Modification of Terms

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time without prior notice. You may review the latest version of these Terms at www.secretspa.co.uk/termsandconditions. If we modify these Terms we will post any changes on the Site. By continuing to use this Site or our Site Services after we have posted modifications to these Terms, you are indicating that you agree to be bound by the modified Terms.

Eligibility

The Site and Site Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

What we do and don’t do

Secret Spa offers Clients the ability to enjoy a range of premium beauty therapy treatments in the comfort of their own home, workplace or hotel.

Our Site provides a platform through which we provide the Site Services, facilitating introductions between Clients seeking Therapist Services and our network of Therapists. Our services are limited to making the Site available, effecting introductions, managing Bookings and acting as a limited payment collection agent on behalf of Therapists for the collection of the Therapist Fee.

We do not provide Therapist Services and we do not employ any of the Therapists.

Neither we, nor the Therapists are healthcare providers and neither we nor they provide any medical advice or treatment.

Before allowing a Therapist to join our network we interview them and ask them to provide evidence that they have achieved NVQ level 2 in Beauty Therapy / Massage or higher and have appropriate insurance in place. We also carry out CRB checks on all therapists before accepting them into our network.

However, we do not guarantee or warrant and we make no representation whatsoever regarding, the reliability, quality or suitability of the Therapists.

We do not contract with Clients for the provision of Therapist Services. By booking Therapist Services through the Site you are entering into a contract with the relevant Therapist for the provision of those services and we accept no responsibility or liability nor do we make any warranty, representation or guarantee in respect of the Therapist’s performance under that contract.

Booking Process

Through the Site, Clients may book various Therapist Services at a time of their choosing. To make a Booking you should follow the instructions on the Site or App and provide the necessary information. Secret Spa uses reasonable efforts to find a Therapist able to provide that service at the requested time. If in the unlikely event Secret Spa cannot find a Therapist for the specific timeslot we will contact you to find an alternative time.

Client may request a particular Therapist but Secret Spa can’t guarantee that they will be available at the requested time. If they are not available Secret Spa will suggest alternatives or agree another time with the Client when the requested Therapist is available. Once Secret Spa has found a Therapist who is available at the requested time Secret Spa will revert to the Client seek confirmation of the Booking via email and / or a push notification through the Secret Spa App or Site. Once a Booking has been confirmed, you will be required to make payment of the Therapist Fee through the Site’s payment system. In the event of a Client or Therapist cancellation, any retention or repayment of Fees (if any, and as applicable) shall be made in accordance with our Cancellation and Refund Policy, which can be viewed here and which forms part of these Terms.

Fees

In respect of each Booking, Clients shall be required to pay the Therapist Fee in the amount indicated on the Site at the time of booking. Secret Spa collects a Commission from each Therapist for each Booking. The Commission is calculated as a percentage of the total Therapist Fee for each Booking. The Therapist Fee is payable to the relevant Therapist for provision of the Therapist Services. Secret Spa shall either a) collect the Therapist Fee from the Client in its capacity as limited payment collection agent on behalf of the Therapists; or b) arrange for the Therapist Fee (less any Commission) to be paid directly to the Therapists through its 3rd party operated payment system. We reserve the right to amend the Fees at any time at our discretion. The applicable Fees payable from time to time shall be notified to you through the Site at the time of Booking. An increase in Fees shall not apply to any confirmed Bookings made prior to the publication of the revised Fees on the Site.

Appropriateness of Therapist Services

You are solely responsible for ensuring the Therapist Services you choose to Book are appropriate for you. You should make your Therapist aware of any pre-existing medical condition (whether physical or mental) prior to commencement of any session. You will be asked by your Therapist to complete a consultation for on each occasion you receive Therapist Services. It is your responsibility to ensure that the information you provide in response to the consultation form is complete, accurate and up to date. If you have any doubt at all about whether a particular Therapist Service is appropriate for you, you should raise this with your Therapist and consult with a qualified medical practitioner before you proceed.

Client Conduct

We request that you treat all Therapists with courtesy and respect and that you provide them with a safe, clean and appropriate location to perform the Therapist Services. Therapists shall be entitled to refuse to perform Therapist Services in the event that you have not provided a safe, clean and appropriate location for them or you behave towards them in a manner which is discourteous, disrespectful, abusive or otherwise inappropriate. We reserve the right to withhold access to the Site Services at our absolute discretion in the event that you behave towards any Therapist in a manner which is discourteous, disrespectful or abusive or which we otherwise deem to be inappropriate.

Privacy

Your privacy is very important to us. All personal and other information we collect from you through the Site shall be stored and used strictly in accordance with our Privacy Policy which can be viewed www.secretspa.co.uk/termsandconditions and which forms part of these Terms.

Using the Site

The Site is for your personal and non-commercial use only. The Site is intended for use only by those who can access it from within the UK. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@secretspa.co.uk We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

Ownership, use and intellectual property rights

This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit. Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site. Secret Spa™ is our trademark. Other trademarks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

Accuracy of information and availability of the Site

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. We may suspend or terminate operation of the Site at any time as we see fit. Any Content is provided for your general information purposes only and to inform you about us and our services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Disclaimer

We provide the Site Services only. We are not liable or responsible for fulfillment of any Booking, for the performance of the Therapist Services by any Therapist or for any acts or omissions of the Therapists during their provision of the Therapist Services including any damage they may cause to property. We do not guarantee or warrant and we make no representation whatsoever regarding, the reliability, quality or suitability of the Therapists. Nothing contained on the Site or communicated via the Site 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 on the Site to “Treatment” and “Therapy” do not refer to medical treatment or medical therapy. The information presented on the Site 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 Site Services are 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 Site Services.

Limitation of Liability

By using the Site or Site Services, you agree to hold Secret Spa free from liability or responsibility for any damage that might arise out of the transaction between you and any Therapists. Secret Spa shall not be responsible for the conduct, whether online or offline, of any user of the Site or Site Services or any Therapists. We are not liable or responsible for any errors in or failure to provide Site 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 Site 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 Commission we receive in respect of a particular Booking. Use of this Site and the Site 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, the Site Services or Therapist Services, or with the delay or inability to use the Site, Site Services or Therapist Services, or with the provision of or failure to provide the Site, Site Services or Therapist 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 Secret Spa, fraud or fraudulent misrepresentation by Secret Spa, or any matter which it would be illegal or unlawful for Secret Spa to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Indemnity

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 Site Services or otherwise from your violation of these Terms.