The Massage Booking
Terms of Service
Last modified on 10th of September, 2017
1. User’s Acknowledgment and Acceptance of Terms
You are permitted to use the Platform, only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Website in any medium without The Massage Booking’s prior written authorization except as permitted through The Massage Booking’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while using our Platform; and (6) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Platform is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE AND CEASE USING THE PLATFORM NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PLATFORM.
As used in these Terms of Service, any reference to “Professionals” includes any individual or business offering services through the Service. Any reference to “Customers” includes businesses and individuals who engage a Professional via the Service. Any reference to “Services” includes all services delivered by the Professional(s) to the Customer(s) via the Website. Any reference to “Users” includes Professionals, Customers, and any individual or business that accesses the Platform.
2. Overview of our Services
The Massage Booking provides businesses in the massage, bodywork, health, and wellbeing-related professions a suite of software tools to help manage their schedules and marketing efforts in addition to managing many administrative and management tasks a business faces each day.
The public The Massage Booking directory offers those seeking massage, bodywork, health, and wellbeing-related services a way to locate professional service providers near them, to review their services, and to book appointments online if they desire.
To ensure the quality of the The Massage Booking experience, we have set up our Terms of Service for our mutual benefit. If you violate these rules it will mean you have broken the terms of service and this may result in a termination of your account.
The Massage Booking DOES NOT PERFORM ANY MASSAGE AND DOES NOT EMPLOY INDIVIDUALS OR PROFESSIONALS TO PERFORM THESE MASSAGES. The Massage Booking DOES NOT SUPERVISE, DIRECT, OR CONTROL PROFESSIONAL’S WORK IN ANY MANNER.
The Massage Booking does not have control over, nor is it responsible for, the performance of Professionals, including the quality, timing, legality, nature, and failure to provide any Services. Moreover, The Massage Booking does not have control over, nor is it responsible for, the conduct of its Customers. The Massage Booking is not responsible for interactions which occur between Users, whether in person, through the platform, offline, or online.
3. Vetting of Users
Users may be subject to a vetting process before using and while using the Platform, including, but not limited to, verifying their identification. Although The Massage Booking may conduct vetting, it cannot guarantee their accuracy, or the identity of any user. Accordingly, The Massage Booking cannot and does not assume any responsibility or liability for the accuracy of any background check or vetting of users, nor for the conduct of its users.
The Massage Booking recommends that all users use common sense judgment and precautions when interacting with users, just like you would in interaction with any other individual whom you don’t know.
The Massage Booking, NOR ITS LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF The Massage Booking AND YOU HEREBY RELEASE The Massage Booking AND ITS LICENSORS FROM ANY LIABILITY RELATED THERETO. The Massage Booking AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
4. Pricing and Billing
The pricing and billing cycle for your use of the Service will be as set forth in a pricing schedule available in connection with the Services when you subscribe.
Monthly subscriptions are billed once a month and on a recurring basis. The billing day shall be on or around the monthly anniversary of the day the subscription was first purchased.
The Massage Booking reserves the right to change its plans and pricing at any time and will attempt to notify you of the change via email. If notice of a change in pricing does not reach you because you failed to provide us with timely notice of a change in your contact information, or do not see the email notice, that change in pricing will still occur.
Following our free trial period, you must provide The Massage Booking or its designated agent with valid credit card information as a condition to continuing to use and subscribe to the Services. You also agree to provide The Massage Booking with complete and accurate billing and contact information. This information includes your legal company name, street address, email address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, The Massage Booking reserves the right to terminate your access to the Services in addition to any other legal remedies. Please note that The Massage Booking currently uses a third party to perform billing services and therefore may share billing and other information as necessary to enable the billing services to be performed.
All charges are due immediately and payment will be facilitated by The Massage Booking using the preferred payment method designated in your account and subject to the Payment Policy in Section 5.
The Massage Booking may, at times, have certain promotions, including vouchers, which may be applied to your account and may be used to pay for Services from Professional(s), either in part or in full. Such Promotions are subject to the specific terms outlined in said promotions.
Any dispute between you and The Massage Booking regarding any charge, including any discount or removal of such charges, is subject to The Massage Booking’s Dispute Resolution Policy, and any such revision of charges shall be in The Massage Booking’s sole discretion.
5. Payment Processing
All Users must have a valid Payment Method on file prior to engaging any User through the Platform. The Massage Booking currently accepts debit and credit cards as valid Payment Methods.
The Massage Booking reserves the right to maintain at least one Payment Method on file at any time and restrict User’s ability to remove all payment methods on file while they have an active subscription.
We always appreciate feedback and are always on the lookout for ways to improve The Massage Booking. For feedback, comments, questions, or concerns, you can contact us at [email protected] and we will return you e-mail at the soonest opportunity possible.
7. Non-Circumvention Policy
As a User, you acknowledge and agree that a substantial portion of the compensation The Massage Booking receives for making the Platform available to you is collected through the Directory Marketing Fee described above.
8. Guarantee and Warranty
Use of the Platform is at your sole risk. All materials, information, products, software, programs, and Services are provided “as is,” with no warranties or guarantees whatsoever. The Massage Booking expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, The Massage Booking makes no warranty or guarantee that the Platform will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
9. Indemnification and Release
You agree to release, indemnify and hold The Massage Booking harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. In the event that you have a dispute with one or more users, you agree to release The Massage Booking (including each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Platform or participation in the Services. All Users acknowledge that they have been advised to consult with legal counsel and that they are familiar with the principle that a general release does not extend to claims that the releaser does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the releasee. Users, being aware of said principle, agree to expressly waive any rights they may have to that effect, as well as under any other statute or common law principles of similar effect.
10. Limitation of Liability
IN NO EVENT WILL The Massage Booking BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE PLATFORM OR ANY USE OF THE PLATFORM, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE PLATFORM, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF The Massage Booking IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
11. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and The Massage Booking in the most expedient and cost effective manner, you and The Massage Booking agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND The Massage Booking ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
12. Termination of Subscription
You may terminate any subscription that you have with The Massage Booking at any time by using the Cancel Subscription function available as part of the Services. You may also delete your business from the The Massage Booking software at any time, or contact [email protected] to have them delete your account. For paid features and plans, termination is effective at the end of the current billing cycle after you cancel. Please note that
All subscription fees are nonrefundable. After you cancel, your business may remain listed on the Website, and you can continue accessing the Services under the free subscription plan terms. Your customer data and reports will remain available until you intentionally delete your business.
Your access to premium features on a paid subscription plan will terminate at the first monthly billing anniversary after you cancel.
The Massage Booking may terminate your listing if you fail to comply with any term or condition of this Agreement or if you fail to pay the subscription fee. The Massage Booking also reserves the right to terminate offering the Services at any time.
After termination, The Massage Booking may continue to communicate with you via email with respect to new enhancements of the Services or other matters relating to the Services.
15. Termination of Service
The Massage Booking reserves the right to terminate a user and/or deactivate their account at any time, for any reason. We reserve the right to refuse access to the Platform or to any user for any reason not prohibited by law. If we terminate or suspend your right to use the Platform, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, The Massage Booking reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. Ownership Rights to Your Content; License Grant to Your Content
Whenever you submit, post or display any material (including text, audio, video, pictures, graphics, sound clips or other works of authorship) (“Content”) on our Platform, you represent and warrant that:
You have paid and will pay in full all fees and other financial obligations (if any) arising from the posting of your Content;
Either you are the individual pictured, depicted or heard in your Content and grant us permission or that you have obtained permission from each person who appears and/or is heard in your Content, as may be required to enable you to grant to us the rights to such Content; and
Your Content is not defamatory in nature, and does not infringe the intellectual property, privacy, publicity or any other legal or moral rights of any third party.
You retain ownership of all intellectual property and proprietary rights to any Content that you post on the Platform. However, by submitting, sending or otherwise making your Content available on or through the Platform, you grant us a worldwide, royalty-free, freely transferable, non-exclusive right and license to use, reproduce, distribute, and publicly display your Content in any form, media, or technology now known or later developed, in connection with our performance of the Services.
17. Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
18. Trademarks and Marketing Communications
The Massage Booking will have the right to include The Massage Booking trademarks or slogans on or in data reports (hard copy and electronic) generated by the Services. You acknowledge and agree that as a result of using our Services to make available or accept online appointments, your business may be automatically listed on the Website or any successor website in a list of services/service providers using our Services. You agree that The Massage Booking can disclose the fact that you are a customer and that you are listed on the Website.
19. Restrictions on Use
You may not use the Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of The Massage Booking. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without The Massage Booking’s prior written consent.
Modification of The Massage Booking’s content is a violation of the copyrights and other proprietary rights of The Massage Booking or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of The Massage Booking. The Platform and the information contained therein may not be used to construct a database of any kind. The Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of The Massage Booking or its subsidiaries suppliers in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with The Massage Booking’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of The Massage Booking or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.
20. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
21. Business Relationship
When you create a reservation or appointment through the Platform, you are entering into a business relationship with the scheduled service provider. You agree that as a result of this business relationship, that The Massage Booking and the service provider can contact you via e-mail or other means to confirm details of the reservation, notify you of reservation cancellations, reschedule your reservation, or communicate other information. As a courtesy to you, the Platform may send e-mail communication relevant to your reservation (new reservation notices, reservation reminders, cancellation notices, etc.). You agree that these e-mail communications do not constitute unsolicited e-mail (sometimes referred to as ‘SPAM’) and as such are not subject to the terms of the Platform’s unsubscribe policy. You also agree that you may not receive these messages in a timely manner (if at all) due to server error, ISP error, Internet traffic, e-mail filters, or any other circumstances. Failure to receive or read a courtesy reservation message will in no way absolve you from fulfilling your reservation responsibilities to the service provider (attending the reservation or canceling the reservation according to the service provider’s cancellation policy). Service providers and The Massage Booking may send you business-related e-mail messages that are not directly related to reservations. Using the unsubscribe link available in these e-mails, you will have the option of unsubscribing from such communications without impacting your receipt of reservation-related messages. You must unsubscribe separately to each service provider because each service provider maintains a separate unsubscribe list. You acknowledge that The Massage Booking is not responsible for the content or transmission of any e-mails or other messages sent by service providers who make reservations available through the Platform, including any failure by such third parties to include an unsubscribe link in their e-mails.
22. Links to Other Sites and Materials
As part of using the Platform, The Massage Booking may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). The Massage Booking has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by The Massage Booking, and The Massage Booking is not responsible for any Third Party Sites accessed through the Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by The Massage Booking. If you decide to leave the Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.
By using the Services, you represent and warrant that all of the individuals on any distribution list you import into the Services for purposes of sending email to such individuals are persons with whom you have an existing business relationship. You agree that you will not use the Services to send any commercial email message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receive such messages from you. You agree that you will use the Services only in compliance with this Agreement, the CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Further, in the event that this representation and warranty is false, you agree to indemnify The Massage Booking for all damages, penalties and attorney’s fees incurred as a result.
25. Commercial Use
You agree not to use the Platform for any commercial use, without the prior written authorization of The Massage Booking. Prohibited commercial uses include any of the following actions taken without The Massage Booking’s express approval:
sale of access to the Platform or its related services on another website;
use of the Platform or its related services for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the Platform or any third-party website, targeted to The Massage Booking content; and
any use of the Platform or its related services that The Massage Booking finds, in its sole discretion, to use The Massage Booking’s resources with the effect of competing with or displacing the market for The Massage Booking services.
You agree not to use or launch any automated system, such as “robots,” “spiders,” or “offline readers,” that access the Platform in a manner that sends numerous request messages to the The Massage Booking servers in a given period of time. Notwithstanding the foregoing, The Massage Booking grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Massage Booking reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform (e.g. comments, email) for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platform.
26. Electronic Communications
The communications between you and The Massage Booking use electronic means, whether you use the Platform or send us emails, or whether The Massage Booking posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The Massage Booking in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Massage Booking provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
27. Relationship Between the Parties
You and The Massage Booking are independent contractors with respect to one another, and nothing in this Agreement will be interpreted to create any agency, joint venture, employment or partnership relationship.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to The Massage Booking or any of its officers, employees, agents or representatives in any situation where notice to The Massage Booking is required by contract or any law or regulation.
Any such notice must be sent to:
29. Changes and Amendments to Terms of Service
These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.
30. General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of The Massage Booking to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. Nothing in these Terms of Services will be deemed to confer any third-party rights or benefits.