Terms & Conditions
Last updated: 21 January 2016
Your use of Our Site, Our App 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 ZahMal Beauty, the best place to book a professional Beauty in your home, hotel or office.
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 ZahMal Ltd (” ZahMal Beauty “, ” we “, ” us ” or ” our “). ZahMal is a private limited company registered in England and Wales with company No. 09745198 whose registered office is 95A Queens Road London SE15 2EZ
ZahMal Beauty provides a booking service (the “Services”) for a range of Beauty therapy treatments (“Beauty Treatments”) that are performed in each and every case by independent self-employed professional Beauty therapists (“Independent Therapists”). In providing this booking service, ZahMal Beauty acts as the agent of these Independent Therapists. ZahMal Beauty has no responsibility for any Beauty Treatments which you book through us: we are simply involved with the booking process, as well as providing ancillary services as explained below.
The Services we offer allows you to search through Our Site and purchase Beauty Treatments from a number of Independent Therapists. 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 Beauty Treatments is between you and the Independent Therapists. This means that it is the Independent Therapist (not us) who is legally responsible for providing the Beauty Treatments to you. However, ZahMal Beauty 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 Services Team. Contact Information is available [where]. ZahMal Beauty will remain the point of contact for the Customer for Customer Service questions.
ZahMal Beauty shall, if requested, provide intermediary services between you and Independent Therapists 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 Beauty Treatment you receive will be subject to the Independent Therapists’ terms and conditions as set out in the Client Consultation Form (“Independent Therapists’ T&Cs”) which are available to view here and you will be asked to confirm your acceptance of them prior to receiving the Beauty Services . The Independent Therapist’s T&Cs will form the basis of your agreement with the Independent Therapist for your Beauty Treatment (each a “Beauty Treatment Agreement”). ZahMal Beauty is not a party to any Beauty Treatment Agreement: this will solely be between you and the Independent Therapist who provides you with your Beauty Treatment.
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 ZahMal Beauty for any Beauty Treatment.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 requires ZahMal Beauty 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 Therapist]. 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 Site 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 or through Our App you will be able to access to and use of our search engine to look for Beauty Treatments within the United Kingdom and to book Beauty Treatments with an Independent Therapist of your choice.
BOOKING PROCESS & PAYMENT
You can make a booking through Our Site or through Our App by choosing an Independent Therapist.
You may only make a booking up to 4 weeks in advance.
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 Treatment Fee is due at the time of booking that Beauty Treatment with the Independent Therapist through us. Full details of the prices are referred to below.
The Treatment Fee belongs to the Independent Therapist who provides the Beauty Treatment. ZahMal Beauty collects the Treatment Fee from you as their agent. For each booking made through us, we charge the relevant Independent Therapist an agreed fee (plus any VAT payable thereon) for introducing you to that Independent Therapist (” Our Agent’s Fee “). We have an agreement with each Independent Therapist under which we are entitled to deduct Our Agent’s Fee from the Treatment Fee paid by you for the Beauty Treatment.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Beauty Treatment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of ZahMal Beauty, 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 Therapist, you will receive confirmation of your appointment by email.
By making a booking, you are responsible for:
_ Full payment of the applicable Treatment Fee;
_ Ensuring the Independent Therapist has access to your Designated Premises which must, in all cases, represent a suitable space in which the Beauty Treatment can be performed, with all appropriate facilities (including, adequate lighting and heating); and
_ Ensuring the health and safety of the Independent Therapist whilst at your Designated Premises.
All Treatment Fees are payable through Our Site, Our App or over the telephone as part of our telephone booking service. As noted above, we collect payment of Treatment Fees on behalf of the Independent Therapist 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 Therapist at the prevailing rate where applicable.
The price of Beauty Treatments (each a ” Treatment Price ” and collectively ” Treatment Prices “) varies according to the type and duration of the Beauty Treatment you book and also the location of the premises you have designated for the Beauty Treatment to be provided to you by the Independent Therapist (” Designated Premises “). Treatment Prices are set from time to time and the Treatment Price you will be required to pay for a specific Beauty Treatment (each a ” Treatment Fee ” and collectively ” Treatment Fees “) will be determined by reference to the Treatment Prices in force at the date when that Beauty Treatment is booked.
Full details are set out in Our Site and Our App
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 Therapist to provide the Beauty Treatment as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation.
CANCELLATION & REFUNDS
You acknowledge that you do not have any statutory right to cancel a booking made for a Beauty Treatment. However, you have a contractual entitlement to cancel any booking you have made with an Independent Therapist through us in the following circumstances and on the described terms.
Subject to the cancellation being a Late or Very Late Cancellation (as described below), if you change your mind about your booking prior to the agreed appointment start time in that booking (” Beauty Appointment Time “) then the Independent Therapist will be willing to treat your booking as cancelled (without requiring payment of all or any part of the applicable Treatment Fee and without levying any cancellation fee) if you cancel your booking via Our Site or Our App or via Customer Care on 02082898701:
_ at least twenty-four (24) hours prior to the Beauty Appointment Time; or
_ if the Beauty Appointment Time falls within twenty-four (24) hours of the time of booking, within ten (10) minutes of you having confirmed that you want to make a booking (” Grace Period “).
If your cancellation of a booking is:
_ within twenty-four (24) hours of the Beauty Appointment Time; or
_ after the Grace Period has elapsed
then unless the cancellation represents a Very Late Cancellation (as described below), the Independent Therapist will be entitled to retain (or charge, as the case may be) thirty per cent (30%) of the applicable Treatment Fee because your cancellation represents a Late Cancellation .
However, if your cancellation of a booking is within two (2) hours of the Beauty Appointment Time and if applicable, the Grace Period has elapsed, the Independent Therapist will be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable Treatment Fee because your cancellation represents a Very Late Cancellation .
You will also be charged the full Treatment Fee by the Independent Therapist if you:
- Cancel a booking other than as permitted above;
- Attempt to cancel a booking on or after Beauty Appointment Time; or
- Fail to attend a booking at the Beauty Appointment Time and/or at the Designated Premises.
A cancellation fee is charged in order to compensate the Independent Therapist because it is not reasonable to expect that Independent Therapist to be able to provide Beauty Treatments 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 Therapist who is the principal in supplying the Beauty Services.
EXTENSIONS AND DELAYS
If you wish to extend the time you have booked, the Independent Therapist will endeavor to fulfill your request. This subject to the availability of the Independent Therapist and also payment of an additional charge for the extended time calculated in accordance with the Treatment Prices (each an ” Extra Time Charges ” and collectively, ” Extra Time Charges “).
If you are delayed and unable to start the Beauty Treatment at the Designated Premises at the Beauty Appointment Time by more than 10 minutes then, unless the Independent Therapist agrees to the contrary (which is within the sole discretion of the Independent Therapist):
_ the Independent Therapist is entitled to end the Beauty Treatment at the time agreed when the booking was made without making any adjustment to the Treatment Fee to reflect the reduced time of the Beauty Treatment; or
_ if you and the Independent Therapist agree to proceed with the Beauty Treatment for the full time allotted notwithstanding the delayed start time, then Independent Therapist shall be entitled to receive and you shall be obliged to pay before the relevant Beauty Treatment is given, an additional charge calculated at the rate set out with the Treatment Prices for extra time.
We will collect the Extra Time Charges as agent of the Independent Therapists.
ZAHMAL BEAUTY ACTS ONLY AS AN INTRODUCER
Our Booking Services enable those seeking Beauty Treatments to book appointments with Independent Therapists seeking to provide such Beauty Treatments. Whilst ZahMal Beauty interviews and assesses Independent Therapists who wish to provide Beauty Treatment, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Independent Therapists. This is entirely a matter for you. Accordingly, you acknowledge and agree that ZahMal Beauty does not have any obligation to conduct any background checks on any Independent Therapist and have no obligation in respect of any service they may provide.
When interacting with any Independent Therapist 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 Beauty Treatments. 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 non-commercial 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.
In addition, Referral Codes will be limited to 25 referrals per user. If you wish to continue using the Referral Code for more than 25 referrals, please email firstname.lastname@example.org we may (but are not obliged to) extend the relevant Referral Code.
Our Booking Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Beauty Treatments 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 Therapists, ZahMal Beauty (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.
ZAHMAL BEAUTY, the ZahMal Beauty logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site, App 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, App or Booking Services or the content within the same. All rights are reserved.
As noted above, we introduce individuals seeking Beauty Treatments to Independent Therapists seeking to provide such Beauty Treatments. We are not liable or responsible for the fulfillment of any booking or the performance of the Independent Therapist. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent Therapist or any Beauty Treatments, however we do try to assist by providing the intermediary services around resolving disputes and complaints as mentioned above..
Content on Our Site and Our App which is made available as part of Our Booking Services is provided for your general information purposes only. Nothing contained on Our Site, Our App 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 health care provider nor do we provide medical advice or medical treatment. References in Our Site, Our App and elsewhere to “Treatment” and “Therapy” or any similar terms do not refer to medical treatment or medical therapy. The information presented on Our Site 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 make no warranty or guarantee that Our Site, Our App 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 Site, Our App 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 ZahMal Beauty, fraud or fraudulent misrepresentation by ZahMal Beauty, or any matter which it would be illegal or unlawful for ZahMal Beauty 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 THIS SITE, AND BOOKING 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 Treatment 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.
GOVERNING LAW & JURISDICTION
You agree that Our Terms for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the nonexclusive jurisdiction of the English courts as regards any claim or matter arising under these Terms.