TERMS AND CONDITIONS
LAST UPDATED July 16th 2019
TERMS AND CONDITIONS
Your use of Our Web Site, and Our Telephone Booking Service is subject to these terms and conditions together with any additional terms and policies referred to in them ("Our Terms").
Thank you for choosing Massage Me, the best place to book a professional massage in the French alps.
These terms and conditions of service together with any terms and policies referred to in them ("Our Terms") constitute a legally binding agreement between you and Massage Me SARL ("Massage Me", "we", "us" or "our").
Massage Me is a private limited company and Massage Me’s VAT registration number is TVA FR36753353903.
Massage Me provides a booking service (the "Services") for a range of massages ("Massages") that are performed in each and every case by independent self-employed professional massage practitioners ("Independent Practitioners"). In providing this booking service, Massage Me acts as the agent of these Independent Practitioners. Massage Me has no responsibility for any Massages which you book through us: we are simply involved with the booking process, as well as providing ancillary services as explained below.
It is specified here that the term “Massage” means well-being and relaxation and does not correspond to the legal definition of Article R4321-3 of the Code of public health. Therefore, Massage has no therapeutic and/or medical purpose.
The Services we offer allow you to search through Our Website and purchase Massage from a number of Independent Practitioners. As part of the Services, we also provide some ancillary services such as arranging such bookings and providing you with customer service assistance.
However, as stated above, the contract for the purchase of the Massagesis between you and the Independent Practitioners. This means that it is the Independent Practitioner (not us) who is legally responsible for providing the Massages to you. However, Massage Me remain responsible in respect of its obligations to you in accordance with these Terms and Conditions which shall be legally binding. If you have any questions, complaints or requests for refunds, we can be contacted directly via our Customer Service Team. Contact Information is available here. Massage Me will remain the point of contact for the Customer for Customer Service questions.
Massage Me shall, if requested, provide intermediary services between you and Independent Practitioners in connection with Customer Service or dispute resolution matters.
In order to use the Services you must be over 18 years of age.
When booked by us, the Massages you receive will be subject to the Independent Practitioners terms and conditions as set out in the Client Consultation Form (“ Independent Practitioners' T&Cs ”) which are available to view here and you will be asked to confirm your acceptance of them prior to receiving the Massage Services. The Independent Practitioners T&Cs will form the basis of your agreement with the Independent Practitioner for your Massage (each a “ Massage Agreement ”). Massage Me is not a party to any Massage Agreement: this will solely be between you and the Independent Practitioner who provides you with your Massage.
Use of our Site
Our Terms govern your use of our website (“ Our Site ”) and also our App (“ Our App ”) and our telephone booking services (collectively “ Our Booking Services ”). By using Our Site or Booking Services, you agree to abide by Our Terms.
Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through Massage Me for any Massage Treatment.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 requires Massage Me to give you certain key information for there to be a legally binding contract between you and us. This information is set out below [and is also linked in the email which we will send to you to confirm any booking you make through us with an Independent Practitioner]. Details on how to make a booking are set out below. If we wish to change any key information once a legally binding contract is made, we can only do this if you agree to it.
We only conclude contracts in the English language.
You confirm that you are of legal age to access and use Our Website and/or Our Booking Services and of legal capacity to agree to Our Terms. You are not eligible to use Our Booking Services if you are under the age of 18.
When registered on Our Site you will be able to access to and use of our search engine to look for Massage within the French Alps and to book Massages with an Independent Practitioner of your choice.
Booking Process & Payment
You can make a booking through Our Website by choosing an Independent Practitioner.
Your payment details will be requested at the time of booking and payment will be collected when you make a booking.
Full payment of the Massage Fee is due at the time of booking that Massage with the Independent Practitioner through us. Full details of the prices are referred to below.
The Massage Fee belongs to the Independent Practitioner who provides the Massage. Massage Me collects the Massage Fee from you as their agent. For each booking made through us, we charge the relevant Independent Practitioner an agreed fee (plus any VAT payable thereon) for introducing you to that Independent Practitioner ("Our Agent's Fee"). We have an agreement with each Independent Practitioner under which we are entitled to deduct Our Agent's Fee from the Massage Fee paid by you for the Massage.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Massage is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of Massage Me, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via Verified by Visa.
By making a booking you agree to provide complete, correct and true information including without limitation billing and payment information.
Once your booking is accepted and confirmed by the Independent Practitioner, you will receive confirmation of your appointment by SMS and email.
By making a booking, you are responsible for:
Full payment of the applicable Massage Fee;
Ensuring the Independent Practitioner has access to your Designated Premises which must, in all cases, represent a suitable space in which the Massage can be performed, with all appropriate facilities (including, adequate lighting and heating); and
Ensuring the health and safety of the Independent Practitioner whilst at your Designated Premises.
All Massage Fees are payable through Our Website or over the telephone as part of our telephone booking service. As noted above, we collect payment of Massage Fees on behalf of the Independent Practitioner to whom we charge Our Agent's Fee.
Please note that all fees and charges are exclusive of VAT and VAT will be charged by the Independent Practitioner at the prevailing rate where applicable.
The price of Massages (each a "Massage Price "and collectively "Massage Prices") varies according to the type and duration of the Massage you book and also the location of the premises you have designated for the Massage Treatment to be provided to you by the Independent Practitioner ("Designated Premises"). Massage Prices are set from time to time and the Massage Price you will be required to pay for a specific Massage (each a "Massage Fee "and collectively "Massage Fees") will be determined by reference to the Massage Prices in force at the date when that Massage is booked.
Full massage menu and prices are set out on Our Website.
In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking or an inability of the booked Independent Practitioner to provide the Massage as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation.
Cancellation & Refunds
In accordance with the Article L.221-28 of the code of consumption, a consumer does not have any statutory right to cancel a booking made for a service delivery related to leisure activities as long as the contracts provides a date or specific period of execution.
You acknowledge that you do not have any statutory right to cancel a booking made for a Massage. However, you have a contractual entitlement to cancel any booking you have made with an Independent Practitioner through us in the following circumstances and on the described terms. You have to share with us your intention to cancel the booking via our website customer service client (cf. hereafter)
If you have a cancellation right as mentioned above, all the refunds will be made in the fourteen (14) days following the date when you share with us your intention of cancelling the booking. The refunds will be made using the same payment method as the one used for the initial transaction.
You will also be charged the full Massage Fee by the Independent Practitioner if you:
Cancel a booking other than as permitted above;
Attempt to cancel a booking on or after Massage Appointment Time; or
Fail to attend a booking at the Massage Appointment Time and/or at the Designated Premises.
A cancellation fee is charged in order to compensate the Independent Practitioner because it is not reasonable to expect that Independent Practitioner to be able to provide Massages at another booking where you cancel with short or no notice.
Cancellation fees may in our absolute discretion be waived where you have been unable to cancel a booking without incurring the cancellation fee for genuine reasons which were outside of your control. Where cancellation fees are waived by us, we act as agent of the Independent Practitioner who is the principal in supplying the Massage Services.
Extensions and Delays
If you wish to extend the time you have booked, the Independent Practitioner will endeavour to fulfil your request. This subject to the availability of the Independent Practitioner and also payment of an additional charge for the extended time calculated in accordance with the Massage Prices (each an "Extra Time Charge" and collectively, "Extra Time Charges").
If you are delayed and unable to start the Massage at the Designated Premises at the Massage Appointment Time by more than 10 minutes then, unless the Independent Practitioner agrees to the contrary (which is within the sole discretion of the Independent Practitioner):
the Independent Practitioner is entitled to end the Massage at the time agreed when the booking was made without making any adjustment to the Massage Fee to reflect the reduced time of the Massage; or
if you and the Independent Practitioner agree to proceed with the Massage for the full time allotted notwithstanding the delayed start time, then Independent Practitioner shall be entitled to receive and you shall be obliged to pay before the relevant Massage is given, an additional charge calculated at the rate set out with the Massage Prices for extra time.
We will collect the Extra Time Charges as agent of the Independent Practitioners.
Every effort is made by the Massage Me team to provide the service booked by you, the customer. However some circumstances beyond are control may prevent this, things such as ( but not limited to) :
Adverse or severe weather conditions
Road traffic accidents
Unforeseen traffic delays
Vandalism and terrorism
Industrial action by third parties
Problems caused by other customers
If it was not possible to provide the booked service at the time requested due to one of the above reasons, Massage Me will try to reschedule your appointment for another time during your current stay. However, if this is not possible, a voucher of equal value to the postponed appointment will be provided for reclamation with Massage Me for up to 1 year.
Massage Me will not incur any liability whatsoever in the event of delay due to circumstances out of there control.
Massage Me Acts Only as an Introducer
Our Booking Services enable those seeking Massages to book appointments with Independent Practitioners seeking to provide such Massages. Whilst Massage Me interviews and assesses Independent Practitioners who wish to provide Massages, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Independent Practitioners. This is entirely a matter for you. Accordingly, you acknowledge and agree that Massage Me does not have any obligation to conduct any background checks on any Independent Practitioners and have no obligation in respect of any service they may provide.
When interacting with any Independent Practitioners you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you.
Promo Codes and Referrals
We may from time to time create and offer promotional codes and referral codes (together "Codes") that can be redeemed on the Site against purchases of Massages. Codes will only be valid for a period of time stated on or with them.
Codes do not have any cash value. Codes may:
(1) only be used for personal and noncommercial purposes. You can share your unique code with your personal connections via social media where you are the primary content owner. Codes may not be duplicated, sold, transferred, distributed or made available to others online (including through public sites such as coupon sites) or by other means;
(2) not be promoted in any way including via a Search Engine;
(3) not be exchanged for cash;
(4) only be used once and only one Code may be used per person; and
(5) may be subject to specific terms which will be made available by us, and must only be used in accordance with those terms.
Our Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Massages as expressly described above. You must not use the Site or the Telephone Booking Services to do any of the following which are strictly prohibited:
Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
Restrict or inhibit any other user from using and enjoying Our Booking Services;
Infringe the privacy rights, property rights, or other civil rights of any person;
Harass, abuse, threaten or otherwise infringe or violate the rights of Independent Practitioners, Massage Me (including its employees and personnel) or others;
Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
Use technology or other means to access our computer network, unauthorised content or non-public spaces;
Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit Our Booking Services functionality;
Damage, disable or otherwise impair our servers or networks or attempt to do the same; and
Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of Our Booking Services for unlawful or unauthorised purposes.
You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to Our Booking Services.
MASSAGE ME, the Massage Me logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with Our Website and/or the Services (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law. Nothing in these Terms grants you any rights in the Site or Booking Services or the content within the same. All rights are reserved.
As noted above, we introduce individuals seeking Massages to Independent Practitioners seeking to provide such Massages. We are not liable or responsible for the fulfilment of any booking or the performance of the Independent Practitioner. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent Practitioner or any Massages, however we do try to assist by providing the intermediary services around resolving disputes and complaints as mentioned above.
Our Services are for General Information Only
Content on Our Website which is made available as part of Our Booking Services is provided for your general information purposes only. Nothing contained on Our Website or communicated any other way as part of Our Booking Services constitutes, or is meant to constitute, advice, opinion or guidance of any kind. We are not a healthcare provider nor do we provide medical advice or medical treatment. References in Our Website and elsewhere to "Treatment" and "Therapy" or any similar terms do not refer to medical treatment or medical therapy. The information presented on Our website and otherwise as part of Our Booking Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.
We Cannot Guarantee our WebSite or the Services
We make no warranty or guarantee that Our Website or any other aspect of Our Booking Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of Our Website or any other aspect of Our Booking Services.
Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of Massage Me, fraud or fraudulent misrepresentation by Massage Me, or any matter which it would be illegal or unlawful for Massage Me to exclude or limit, or to attempt or purport to exclude or limit, its liability.
We are not liable or responsible for any errors in or failure to provide Our Booking Services due to your error or failure to provide accurate and complete information.
Whilst we make every effort to ensure that Our Booking Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of Our Booking Services. We reserve the right to suspend or cease the operation of all or part of Our Booking Services from time to time at our sole discretion.
Use of Our Site and the Services is on an "as-is" and "as available" basis. To the maximum extent permitted at law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the site or services, or with the delay or inability to use the site or services, or with the provision of or failure to provide the site or services.
You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to Our Booking Services and otherwise from your violation of Our Terms.
Modification & Termination
We may modify Our Terms or terminate use of Our Booking Services at any time by giving notice of termination to you. The Massage Prices may also change from time to time. We may also change, suspend, terminate or discontinue any aspect of Our Booking Services including availability of certain features at any time for any reason.
If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
If you have any questions please contact our customer service :
via email at : email@example.com
via phone : 0033 (0)4 79 04 20 66
Via mail : Massage Me, 540 Avenue de la Tarentaise, Aime Cedex, 73210
Governing Law & Jurisdiction
You agree that Our Terms for all purposes, shall be governed by and construed in accordance with French law.
In case of difficulties, you must contact our customer service. Unless you and Massage Me find a solution, you can, in accordance with the article L.612-1 and following articles of the Code of Consumption, refer to a consumer mediator or any alternative method of dispute resolution with a view to the amicable resolution of the dispute.
In that case, you can contact “Medycis” platform via :
73, boulevard de Clichy - 75009 PARIS
You must inform immediately Massage Me of this request.
You and Massage Me are free to accept or reject the solution offered, and, if necessary, to bring the claim before the competent courses.