Mummas Wellbeing Consumer Agreement
In these Conditions:
'Client' means the person seeking to purchase the Services from the Company;
'Company'/'We'/'Our'/'Us' means Mummas Wellbeing Ltd. (MW)
'Therapist' means the person placed by the Company, with the Client, in the provision of the Service;
Terms & Conditions
1. Complementary Therapy Treatments
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.
1.2 Do not cease or alter conventional treatment or medication for any reason without consulting a doctor.
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.
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.
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.
1.6 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
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. No variation to these Conditions shall be MW. The Company shall only be responsible for verbal representations made by its representatives if confirmed in writing by MW.
2.3 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.
3. Orders and Specifications
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 MW, with a valid booking reference and statement to provide acceptance of the Order.
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.
3.3 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 MW and the Therapist are under no obligation to provide the requested Service in the remaining time available, or at any other time.
3.4 All orders made need to be booked within 6 months of the purchase date (apart from vouchers which need to be used within 12 months).
3.5 Vouchers need to be booked within 12 months from the date of purchase.
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.
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.
5.1 For all therapies, 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 MW the 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.
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 cancel the Order or suspend any further Services to the Client.
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.
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 The following methods are generally accepted for payments to The Therapy Agency: Mastercard, Visa, Delta, Visa Electron, JCB, Solo, Switch.
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.
6.2 If you wish to reschedule Individual Bookings please contact MW 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.
6.3 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, provided the period before the treatment time is greater than 3 days duration.
6.4 If the treatment date and time has been confirmed directly by MW 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 MW directly.
6.5 Within 48 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.
6.6 If you have a complaint about your booking and wish to receive a refund or partial refund for this reason, please contact MW directly in writing within 10 days of the booking. They will deal with your complaint in the appropriate manner and arrange a suitable refund, subject to internal review.
7. Warranties and Liability
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.
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, or arising from their late arrival or non-arrival, or any other fault of the Client.
7.3 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.
7.4 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.
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. See Privacy Notice.
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.
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.
9.3 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.
10. The Company's Obligations to the Client
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 MW not provide the Services contained in the Order to the Client through reasons outside of the Client's control, MW 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.
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.
10.3 MW does not directly or indirectly employ Therapists. All therapists remain self-employed as sub-contractors or consultants.
10.4 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.
10.5 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 Therapist
11.1. If the Therapist is visiting the Client, the Client must provide 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, and with access to safe electricity and fresh water where required, and suitable hygiene facilities for the Therapist.