Contents

 

1.    Background

1.1.     Overview 

2.    Website Terms of Use and Terms of Sale

2.1.     Definitions and Interpretation

2.2.     Information About Us

2.3.     Access to Our Site

2.4.     Use of Communications Facilities

2.5.     Accounts

2.6.     Payments

2.7.     Services, Pricing and Availability

2.8.     Nature of services offered

2.9.     Conditions for services offered

2.10.       Provision of Services

2.11.       Appointments

2.12.       Procedure for the appointment

2.13.       International Customers

2.14.       Business Customers

2.15.       Intellectual Property Rights

2.16.       User Content

2.17.       Links to Our Site

2.18.       Links to Other Sites

2.19.       Disclaimers

2.20.       Our Liability

2.21.       Viruses, Malware and Security

2.22.       Availability of the Website

2.23.       Acceptable Usage Policy

2.24.       Advertising

2.25.       Contacting Us

2.26.       Communications from Us

2.27.       Data Protection

2.28.       Law and Jurisdiction

2.29.       Changes to these Terms and Conditions

2.30.       No Waiver

2.31.       Severance

3.    Website Privacy Policy and Cookie Policy

3.1.     Scope – What Does This Policy Cover?

3.2.     What Data Do We Collect?

3.3.     How Do We Use Your Data?

3.4.     How and Where Do We Store Your Data?

3.5.     Do We Share Your Data?

3.6.     What Happens If Our Business Changes Hands?

3.7.     How Can You Control Your Data?

3.8.     Your Right to Withhold Information

3.9.     How Can You Access Your Data?

3.10.       What Cookies Do We Use and What For?

 

1. Background

1.1. Overview

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.ElyseeWellness.com (“Our Site”).  Please read these Terms and Conditions including Our Privacy Policy carefully and ensure that you understand them.

Elysee Wellness Ltd. (“We”) understand that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law. Our Privacy Policy applies to Our use of any and all data collected by us in relation to your use of Our Site.

Your agreement to comply with and be bound by these Terms and Conditions and Our Privacy Policy is deemed to occur upon your first use of Our Site. You will be required to read and accept these Terms and Conditions and Privacy Policy when signing up for an Account.  If you do not agree to comply with and be bound by these Terms and Conditions and Privacy Policy, you must stop using Our Site immediately.

 

2. Website Terms of Use and Terms of Sale

2.1. Definitions and Interpretation

2.1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required for a User to access and/or use certain areas of Our Site;
“Blog” means a blog hosted on Our Site, created by a User, containing Post(s) submitted by that User;
“Comment” means a comment on a Blog or Post on Our Site made by a User;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of Our company who receives Services for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Contract” means a contract for the purchase and sale of Services;
“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in the corresponding Privacy Policy sections further down below;
“Digital Service / Online Service / Service” means collectively any online facilities, tools, services or information that Elysee Wellness Ltd. makes available through the Website or it’s related System either now or in the future;
“Order” means your order for the Services;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Payment Information” means any details required for the purchase of Services from this Website.  This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Post” means a post created by a User in a Blog on Our Site;
“Professional / Therapist / Instructor” means a qualified professional therapist or instructor working for Us and providing Services to clients like You;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“System” means any online communications infrastructure that Elysee Wellness Ltd. makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“UK and EU Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015;
“User Content” means any content submitted to Our Site by Users including, but not limited to, reviews and blog posts;
“User” means a user of Our Site or any third party that accesses the Website and is not employed by Elysee Wellness Ltd. and acting in the course of their employment;
“We / Us / Our” means Elysee Wellness Ltd., a company registered in England under 9552579, whose registered address is 12 West Street, Ware, Herts, SG12 9EE, United Kingdom;
“Website / Our Site” means the website that you are currently using (www.ElyseeWellness.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 

2.1.2.    The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.

2.1.3.    Words signifying the singular number shall include the plural and vice versa.

2.1.4.    References to any gender shall include the other gender.

 

2.2. Information About Us

Our Site is owned and operated by Elysee Wellness Ltd., a limited company registered in England under 9552579, whose registered address is 12 West Street, Ware, Herts, SG12 9EE, United Kingdom.

 

2.3. Access to Our Site

2.3.1. Access to Our Site is free of charge.

2.3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

2.3.3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

2.4. Use of Communications Facilities

2.4.1. When using the enquiry form, reviews of Services delivered to you, or any other System on the Website you should do so in accordance with the following rules:

  • You must not use obscene or vulgar language;
  • You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • You must not submit Content that is intended to promote or incite violence;
  • It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
  • The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • You must not impersonate other people, particularly employees and representatives of Elysee Wellness Ltd. or our affiliates; and
  • You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

2.4.2.You acknowledge that We reserve the right to monitor any and all communications made to us or using our System.

2.4.3. You acknowledge that We may retain copies of any and all communications made to us or using our System.

2.4.4. You acknowledge that any information you send to us through our System or post on the Blog, Reviews or any other sections of Our Website may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

 

2.5. Accounts

2.5.1. Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.

2.5.2. You may not create an Account if you are under 18 years of age. This is because you cannot usually be legally held to a contract you make when you are under 18.  If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

2.5.3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

2.5.4. If you are representing a business, then when creating an account using your personal details you must warrant that you have permission to submit Payment Information where it may be required.

2.5.5. We recommend that you choose a strong password for your Account.  It is your responsibility to keep your password safe.  If you believe your Account is being used without your permission, please contact Us immediately.  We will not be liable for any unauthorised use of your Account. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.  Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.  In the event that an unauthorised provision of Services commences prior to your notifying us of the unauthorised nature of the order or payment, then We will suspend provision of Services and the withdrawal of any scheduled payments pending investigation.  Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.

2.5.6. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

2.5.7. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998.

2.5.8. You may only purchase Services through Our Site, by phone or any other means if you are at least 18 years of age.

2.5.9. Either Us or you may terminate your Account.  If We terminate your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

2.5.10. If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

2.5.11. We reserve the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

2.5.12. If orders or payments are cancelled by Us for any reason prior to the commencement of Services provision you will be refunded any monies paid in relation to those purchases.

2.5.13. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information from the public website, except for reviews and blog postings.  Closing your Account will also remove your access to any areas of Our Site requiring an Account for access.

2.5.14. If you terminate your Account any non-completed orders or payments will be cancelled (provided that the account is closed earlier than 24 hours before the start of the provision of Services as per the terms and conditions related to appointment cancellations) and you will be refunded any monies paid in relation to those orders.

2.5.15. You have permission to submit Payment Information where permission may be required.

 

2.6. Payments

Any and all monies are due for payment as may be appropriate either at the time of booking if you selected the online payment option, or on completion of the provision of Services on the date specified in your order if you selected to pay cash, unless alternative arrangements are agreed between you and Us.

 

2.7. Services, Pricing and Availability

2.7.1. Whilst every effort has been made to ensure that all descriptions of Services available from Us correspond to the actual Services, We are not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.  Please refer to the next Clause for more details regarding incorrect Services.

2.7.2. We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

2.7.3. Where appropriate, you may be required to select the required Package of Services.

2.7.4. We do not represent or warrant that such Services will be available.  Availability indications are provided on the Website, however these may not take into account orders that have taken place by phone or other means during your visit to the web site.

2.7.5. All pricing information on the Website is correct at the time of going online.  We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated regularly.

2.7.6. All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you by phone or by e-mail before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 4 hours prior to commencing the Service, We will treat your Order as cancelled and notify you of the same by e-mail.

2.7.7. In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the price shown on your order at the time you completed the order, and reflected in the confirmation notifications sent to you by Our System.

2.7.8. All prices on the Website are final and include all applicable taxes.

 

2.8. Nature of services offered

2.8.1. Elysee Wellness Ltd is in the business of offering professional Therapeutic Massage, Yoga classes and Pilates classes.

2.8.2. All services offered by Us are non-sexual in nature. Our services relate to professional body massage therapies, yoga classes and pilates classes. We do not offer sensual, erotic, tantric, nuru, tao, full body massage that includes genitals, or any other adult, erotic or sexual services.

2.8.3. We do not promote, encourage or tolerate prostitution, perversity or any activities that do not fully comply with the law. We kindly but assertively ask our clients to respect our professional team members (Therapists, Instructors, Coaches and other professionals) and to not ask them for such services. Any money charged by our professionals or other representatives of our company are solely intended for the services offered on our website (Therapeutic Massage sessions, Yoga classes, Pilates classes). Any other services (involving or not) money exchanges between our professionals and the client are a matter of personal choice between two or more consenting adults of legal age and can never be contracted for through Our company.

 

2.9. Conditions for services offered

2.9.1. We provide qualified and insured (Professional Indemnity and Public Liability up to 1 million pounds) Massage therapists, Yoga instructors and Pilates instructors to the client at the client’s premises for the agreed duration and fee.

2.9.2. Our Professionals will deliver the services promoted by Us as requested by You (the client) exercising adequate professional skills and diligence in providing the services.

2.9.3. The client is required to tell the professional about any allergies, any severe health issues, injuries or medical conditions before the session starts. We may require You to fill a client assessment form where you have to declare your heath situation along with any risks or issues that you are aware of, and sign it. In order to protect our clients’ health and well-being, the Professional reserves the right to not provide certain services to any person they deem unfit to receive such services.

 

2.10. Provision of Services

2.10.1. Provision of Services shall be performed as documented in the order details, on the date and time requested by You, and upon when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

2.10.2. We shall use Our best endeavours to provide the Services with reasonable skill and care.

2.10.3. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake.  We will ensure that any necessary corrections to the Services provided are made within 7 working days.

2.10.4. We reserve the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to, any use or enjoyment that you may have already derived from the Services. Such discretion to be exercised only within the confines of the law.

 

2.11. Appointments

2.11.1. New appointments: The Services that We offer are only available by appointment.  You may book an appointment by phone at  0203 394 0001 (international callers dial +44 203 394 0001), using Our Website www.ElyseeWellness.com or by e-mail at bookings@elyseewellness.com.

2.11.2. Your request for a booking for an appointment will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request for a particular appointment, will there be a binding contract between You and Us.  If You wish to make a booking for two or more appointments, those will be considered and managed independently as separate contracts.

2.11.3. All appointments are subject to the availability of our qualified Professionals. We reserve the right to cancel the delivery of services in case of the illness of a Professional or other circumstances beyond our control. We will make reasonable attempts not to cancel the delivery of services by offering an alternative Professional, but You must acknowledge that in some cases it may not be possible for an alternative Professional to take over the existing booking. In such circumstances, You will be offered options for alternative times. In case none of Our mitigation offers suit You then We will cancel the appointment, and if a payment was made in advance then a full refund will be issued.

2.11.4. We will not reserve or guarantee any particular date and/or time which You request for any Services unless You book an appointment for that time/date.

2.11.5. Rescheduling: Existing appointments can be rescheduled with a minimum 24-hour notice. Rescheduling an existing appointment can be done by phone, or online by cancelling the existing appointment and creating a new one. We are conscious of the fact that every now and then unexpected events occur on the last minute, making it impossible for our clients to respect the appointment. Out of consideration for our clients we will try to accommodate late rescheduling requests but those will also have to be agreed by the Professional. If an agreement is reached, then the appointment can be rescheduled. If an agreement is not reached then a fee equal to the cost of a one-hour session of that particular type of appointment (i.e. Massage, Yoga, Pilates etc.) will be charged to You.

2.11.6. The client is late: If You know You are going to be late for an appointment, You should contact Us to tell Us.  If You are not available to start the appointment for more than 15 minutes after the confirmed appointment start time, We will try to provide the Services You have booked but if We decide that We cannot, the appointment will be treated as cancelled without notice by You and, if We then decide to make a charge for that appointment cancelled without notice, then a fee equal to the cost of a one-hour session of that particular type of appointment (i.e. Massage, Yoga, Pilates etc.) will be charged to You. We will be entitled to deduct that charge from any sum (including, but not limited to any deposit) You paid in advance, and We shall refund the balance to You.

2.11.7. Professional is late: We will use all reasonable endeavours to start the Services at the appointment time which You have booked, but the start may be delayed by overrun of a previous appointment or by other circumstances. We always plan our services availability such as to allow for enough time for each Professional to travel to the client’s premises. Nevertheless, there may be circumstances beyond our control occurring at times, which could result in the Professional arriving after the scheduled time for the appointment.

  • If a delay to the original start time of the appointment is less than 15 minutes, the appointment will proceed and the end time of the appointment will be shifted with 15 minutes so the overall duration of the Services will remain unchanged.
  • If a delay to the start of the appointment is more than 15 minutes, then We notify You that there will be a delay of at least that time, and if that doesn’t suit your availability to continue with the correspondingly shifted timeline then You may reschedule the appointment or cancel the appointment, and in the latter case We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment.

2.11.8. Cancellations made by the client: You may cancel an appointment without charge if You give Us at least 24 hours prior notice of the cancellation, and if You do so We will refund to You any sum (including, but not limited to any deposit) You paid in advance. Cancellations can be made by yourself on Our Website by accessing My Appointments in the My Account section of your profile, up to 24 hours prior to the confirmed start of the Appointment.

2.11.9. We are aware of the fact that sometimes unexpected events occur last minute making it impossible for You to respect the appointment. Out of consideration for our clients, we will try to accommodate late cancellations by phone but those will also have to be agreed by the Professional. If an agreement is reached, then the appointment can be rescheduled or cancelled and in Our discretion We will decide whether to waive any charge for late rescheduling or cancellation. If an agreement is not reached then a fee equal to the cost of a one-hour session of that particular type of appointment (i.e. Massage, Yoga, Pilates etc.) will be charged to You. We will be entitled to deduct that charge from any sum (including, but not limited to any deposit) You paid in advance, and We shall refund the balance to You.

2.11.10. Cancellations made by Us: We may cancel an appointment booked by You at any time before the time and date of that appointment in the following circumstances:

  • The required personnel and/or required materials necessary for the provision of the Services are not available; or
  • An event outside of Our reasonable control continues for more than 24 hours; or
  • We find that you are not a “Consumer”.

If We cancel an appointment in such circumstances, then We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment;

 

2.12. Procedure for the appointment

2.12.1. The Professional will arrive 10 minutes before the scheduled time for the appointment in order to do the proper set up required to start the session on time. Upon arrival, the Professional will ask You to complete the client assessment form and sign the terms and conditions. You are required to tell the Professional about any allergies, any severe health issues, injuries or medical conditions before the session starts. The session cannot proceed without having the health assessment form filled-in and Your agreement to the terms and conditions.

2.12.2. You must provide a private place where the Professional can change into the appropriate outfit before the session, and back into street clothes after the session. For health and hygiene reasons, the Professional will only use the massage outfit during the massage session and does not wear it on the street.

2.12.3. Massage: We kindly require You to mention to the Professional if there are any specific areas that You want the Professional to focus on, and any areas that You don’t want the Professional to touch. We kindly require you to provide as many details to the Professional as you feel necessary in order to ensure that the Professional has all the information required to deliver the Services to your complete satisfaction. We encourage you to interact with the Professional during the appointment if you have additional requirements, and urge you to inform the Professional immediately if you feel any pain or discomfort.

2.12.4. You have to prepare enough towels for the bed/massage table (minimum 2) and one to cover Yourself. Underwear must be worn at all times, throughout the duration of the massage, including the transition of the client onto and off of the massage table or any space used to deliver the Services.

2.12.5. While the Professional changes into the professional massage attire, we kindly ask You to get prepared and lay down on the designated massage area with the head where You feel comfortable to stay during the massage.

2.12.6. Yoga and Pilates: You must wear comfortable clothes that are adequate for a Yoga or Pilates class. At a minimum, a t-shirt/tank-top and shorts are required.

2.12.7. We kindly require You to mention to the Professional if there are any specific exercises, asanas or techniques that You want the Professional to focus on, and any such elements that You don’t want the Professional to do. We kindly require you to provide as many details to the Professional as you feel necessary in order to ensure that the Professional has all the information required to deliver the Services to your complete satisfaction. We encourage you to interact with the Professional during the appointment if you have any additional requirements, and urge you to inform the Professional immediately if you feel any pain or discomfort.

 

2.13. International Customers

Our Services are currently available only to customers based in London, UK (zones 1 – 6) at the time when the Services are booked to be delivered.  Travellers and tourists are welcome to book our services for the time period they are going to be based in London, UK (zones 1 – 6).

 

2.14. Business Customers

Our Services are available to individual customers and business customers. Business customers can open an account and place orders for our Services using the business information of the person placing the order on behalf of the business. Our System allows for multiple delivery addresses and beneficiary names for our Services at the time of Account creation as well as during a new booking. If you require invoices, receipts, contracts or other forms of documents please contact Us.

 

2.15. Intellectual Property Rights

2.15.1. With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable the United Kingdom and international intellectual property laws and treaties.

2.15.2. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

2.15.3. You may:

  • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
  • Download Our Site (or any part of it) for caching;
  • Print pages from Our Site;
  • Download extracts from pages on Our Site; and
  • Save pages from Our Site for later and/or offline viewing.

2.15.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

2.15.5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

2.15.6. You may not systematically copy content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

2.15.7. Subject to the subsequent Clauses governing Blogs, Posts and Comments detailed further down below, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content or any other material from Our Site unless given express written permission to do so.

2.15.8. The content of Blogs, Posts and Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with the Blog, Post or Comment in question.  All such content is protected by applicable the United Kingdom and international intellectual property laws and treaties.

2.15.9. You may copy and share (re-blog) portions of other Users’ Posts and Comments within Our Site, provided that the original author thereof is credited. If you wish to re-use another User’s content in any other way, you must contact the User directly and obtain their express permission to do so.

 

2.16. User Content

2.16.1. User Content on Our Site includes (but is not necessarily limited to) reviews, blog posts and comments.

2.16.2. An Account is required if you wish to submit User Content.  For terms and conditions pertaining to Accounts, please refer to the Accounts section.

2.16.3. You agree that you will be solely responsible for your User Content, including Blog content and that of all Posts and any Comments made by you, whether on your own Blog or on those belonging to other Users.  Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with our acceptable usage policy, detailed further down in the Acceptable Usage Policy section.

2.16.4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under the User Content section.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

2.16.5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

2.16.6. If you wish to remove a Blog, Post or Comment, the Blog, Post or Comment in question may be removed from Our Site upon a written request submitted by You to Us by e-mail, however, due to the functionality of Our Site, certain comments or re-blogs of your content may remain. Please note that caching or references to your Blog, Post or Comment may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

2.16.7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

 

2.17. Links to Our Site

2.17.1. You may link to Our Site provided that:

  • You do so in a fair and legal manner;
  • You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
  • You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
  • You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

 

2.17.2. You may link to any page of Our Site provided you comply with the remainder of this Clause (Links to Our Site).

2.17.3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us for further information.

2.17.4. You may not link to Our Site from any other site the main content of which contains material that:

  • is sexually explicit;
  • is obscene, deliberately offensive, hateful or otherwise inflammatory;
  • promotes violence;
  • promotes or assists in any form of unlawful activity;
  • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
  • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or is otherwise likely to deceive another person;
  • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
  • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
  • implies any form of affiliation with Us where none exists;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
  • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

2.18. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

2.19. Disclaimers

2.19.1. The Content on Our Site does not constitute advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action.

2.19.2. We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

2.19.3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning services for sale through Our Site.

2.19.4. We make no guarantee of any specific results from the use of our Service or Services.

 

2.20. Our Liability

2.20.1. The provisions of this Clause apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Sale of Services Terms and Conditions detailed in a separate clause Website Terms of Sale.

2.20.2. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

2.20.3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

2.20.4. If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

2.20.5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to the section related to Website Security, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

2.20.6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

2.20.7. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

2.21. Viruses, Malware and Security

2.21.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same.

2.21.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

2.21.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

2.21.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

2.21.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

2.21.6. By breaching the provisions of these terms and conditions you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

2.22. Availability of the Website

2.22.1. The Website and associated Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

2.22.2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

2.23. Acceptable Usage Policy

2.23.1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause.  Specifically:

  • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
  • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
  • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

2.23.2. When submitting User Content, creating Blogs, Posts or Comments (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

  • is sexually explicit;
  • is obscene, deliberately offensive, hateful or otherwise inflammatory;
  • promotes violence;
  • promotes or assists in any form of unlawful activity;
  • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
  • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or is otherwise likely to deceive;
  • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
  • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
  • implies any form of affiliation with Us where none exists;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
  • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

2.23.3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

  • suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
  • remove any User Content submitted by you that violates this Acceptable Usage Policy;
  • issue you with a written warning;
  • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • take further legal action against you as appropriate;
  • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  • any other actions which We deem reasonably appropriate (and lawful).

2.23.4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

2.24. Advertising

2.24.1. We may feature advertising on Our Site and We reserve the right to display advertising on your Blog. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions. Each advertiser is responsible for the content of their own advertising material.

2.24.2. You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

2.24.3. We hold the right to remove any advertising posted by you on the Blog or any other areas of the Website at any time and without providing any reason.

 

2.25. Contacting Us

To contact Us, please email Us at office@elyseewellness.com or by phone at +44(0)203 314 0001.

 

2.26. Communications from Us

2.26.1. If you create an account with Us and book any appointments then We will send you e-mails and / or SMS text messages related to the activation of your account as well as confirmations and any subsequent communications related to your booking, including but not limited to, booking confirmations, booking cancellation notifications, and booking review requests.

2.26.2. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

2.26.3. We may from time to time send you marketing emails, however, you may opt-out at any time.  Any marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 2 business days for your new preferences to take effect.

2.26.4. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at office@elyseewellness.com or by phone at +44(0)203 314 0001.

 

2.27. Data Protection

2.27.1. Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

2.27.2. We may use your personal information to:

  • Reply to any communications you send to Us;
  • Send you important notices, as detailed in Clause Communications from Us.

2.27.3. We will not pass on your personal information to any third parties.

 

2.28. Law and Jurisdiction

2.28.1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

2.28.2. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

2.28.3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

2.29. Changes to these Terms and Conditions

2.29.1. We may alter these Terms and Conditions and Privacy Policy as we may deem necessary from time to time, or as may be required by law.  Any such changes will be immediately posted on Our Site and will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

2.29.2. In the event of any conflict between the current version of these Terms and Conditions and Privacy Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

2.30. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

2.31. Severance

If any provision of these Terms and 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 Terms and Conditions and the remainder of the provision in question shall not be affected.

 

3. Website Privacy Policy and Cookie Policy

 

3.1. Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

 

3.2. What Data Do We Collect?

Some data will be collected automatically by Our Site, other data will only be collected if you voluntarily submit it, for example, when signing up for an Account. Depending upon your use of Our Site, We may collect some or all of the following data:

  • name;
  • business/company name
  • contact information such as email address(es) and telephone number(s);
  • your home/business address(es);
  • additional address(es) where you want Our Services to be delivered;
  • IP address (automatically collected);
  • web browser type and version (automatically collected);
  • operating system (automatically collected);
  • a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);

 

3.3. How Do We Use Your Data?

3.3.1. All personal data is stored securely in accordance with the principles of the Data Protection Act 1998.

3.3.2. We use your data to provide the best possible products and services to you. This includes:

  • Providing and managing your Account;
  • Providing and managing your access to Our Site;
  • Personalising and tailoring your experience on Our Site;
  • Supplying Our products and services to you;
  • Personalising and tailoring Our products and services for you;
  • Responding to communications from you;
  • Supplying you with email (e.g. confirmations, alerts, reminders, newsletters) that you have subscribed to (you may unsubscribe or opt-out at any time;
  • Market research;
  • Historical records required for tax, financial or legal audit purposes;
  • Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience.

3.3.3. With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, SMS text message or post with information, news and offers on Our Services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

3.3.4. Advertisers whose content may appear on Our Site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed in the following sections below. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.

 

3.4. How and Where Do We Store Your Data?

3.4.1. We only keep your data for as long as We need to in order to use it as described above.

3.4.2. Depending on our Website hosting provider, some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the Data Protection Act 1998. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.

3.4.3. Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.

3.4.4. Currently we are hosting our domain, SSL certificate and website with GoDaddy. Please refer to our service provider’s Terms and Conditions for further details: https://uk.godaddy.com/legal-agreements.aspx

3.4.5. Currently we are using SiteLock for website malware and security scanning. Please refer to our service provider’s Terms and Conditions for further details:  https://www.sitelock.com/terms.php

3.4.6. Steps We take to secure and protect your data include:

  • HTTPS / SSL with Extended Validation (SHA-2 & 2048-bit encryption)
  • SiteLock Malware & Vulnerability scanning
  • Spam blacklist monitoring
  • Search engine blacklist monitoring

3.4.7. Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.

 

3.5. Do We Share Your Data?

3.5.1. We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

3.5.2. We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

3.5.3. In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

 

3.6. What Happens If Our Business Changes Hands?

3.6.1. We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.

3.6.2. In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted, you may or may not, however, be given the choice to have your data deleted or withheld from the new owner or controller, depending on the sale and/or transfer of control contractual terms at that time.

 

3.7. How Can You Control Your Data?

3.7.1. When you submit information via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details by managing your Account).

3.7.2. You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

 

3.8. Your Right to Withhold Information

3.8.1. You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

3.8.2. You may restrict your internet browser’s use of Cookies. For more information, see sections referring to Our Cookie Policy.

 

3.9. How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held) on payment of a small fee which will not exceed £200 plus any applicable taxes. Please contact Us for more details at office@elyseewellness.com.

 

3.10. What Cookies Do We Use and What For?

3.10.1. Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services. We have carefully chosen which Cookies to use and have taken steps to ensure that your privacy is protected and respected at all times.

3.10.2. By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We may use third party Cookies on Our Site for, but not limited to, web analytics or advertising. These Cookies are not integral to the functioning of Our Site.

3.10.3. All Cookies used by and on Our Site are used in accordance with current UK and EU Cookie Law.

3.10.4. Before Cookies are placed on your computer or device, you will be shown a message bar notifying you about our use of Cookies. By proceeding on Our Website, You are giving your consent to the placing of Cookies, thus enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies by changing your browser security settings; however certain features of Our Site may not function fully or as intended.

3.10.5. Certain features of Our Site may depend on Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

3.10.6. Our Site uses analytics services provided by Google Analytics, and possibly other providers. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

3.10.7. The analytics services used by Our Site use Cookies to gather the required information. Certain of these Cookies may be placed immediately when you first visit Our Site and it may not be possible for Us to obtain your prior consent. You may remove these Cookies and prevent future use of them from your browser’s security settings.

3.10.8. You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

3.10.9. You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

3.10.10. It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.