User Terms & Conditions
THIS DOCUMENT IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND MAMMA – IF YOU PROCEED TO USE THE WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED ITS CONTENTS AND WILL BE BOUND BY ITS TERMS, SO PLEASE TAKE TIME TO READ THEM CAREFULLY AND IN FULL. IN PARTICULAR, IT IS IMPERATIVE THAT YOU CAREFULLY READ CLAUSES 10 AND 11 OF THIS USER AGREEMENT.
IMPORTANT WORDS AND DEFINITIONS
In this User Agreement, the following definitions apply:
“Account” means a user account which is individual to you, which is created for the purpose of becoming a User of the Website.
“Community Guidelines” means the code of conduct which Users must follow when using the Website and Services.
“Business” means any commercial entity or an individual acting within their trade, business, craft or profession when using the Services.
“Business Order Form” means the following order form [INSERT WORKING LINK] or any other similar document which the parties agree to use from time to time which sets out any special terms in respect of a booking made by a business.
“Concierge Services” means Mamma’s personalised introductory service which connects Users with Practitioners.
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.
“Content” means any text, software, scripts, graphics, photos, sounds, music, videos, audio-visuals combinations, interactive features and other materials you may view on or access through the Website, including User Content.
“Data Protection Legislation” means for such time as they are in force in England and Wales, all legislation which relates to the protection of individuals’ rights in their personal data and the protection of their privacy, including the DPA, GDPR, PECR and all such legislation as may supplement, amend or replace them from time to time.
“Device” means a computing device with internet functionality, such as a computer, laptop, touchscreen ‘tablet’ or a mobile telephone with internet functionality.
“DPA” means the Data Protection Act 2018 and all subordinate legislation to it.
“Event” means any wellness and therapy course, retreat or other event offered by Practitioners on the Website.
“Facebook Account” means the account you have set up with Facebook or Instagram.
“Google Account” means the account you have set up with Google.
“GDPR” means Regulation (EU) 2016/679.
“Intellectual Property Rights” means patents, trademarks, and service marks, rights in design, trade or business names or signs or domain names, copyrights (including without limitation rights in computer software, databases and websites), database rights, rights in confidential information (including without limitation know how and trade secrets), moral rights (and the benefit of any and all waivers thereof), rental and lending rights, topography rights (whether or not any of these is registered and including applications for registration of any such rights) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist at any time anywhere in the world and all rights of action and goodwill arising at any time in relation thereto.
“Mamma” means Mamma Bali Ltd, a company incorporated in England and Wales with registered address at First Floor, 44 High Street, Newport Pagnell, Bucks, United Kingdom, MK16 8AQ (company number 11814585).
“Mamma Waiver” means the waiver document displayed to you each time you book a Therapy.
“Payment Methods” means the method of payment for the services as accepted by the Practitioner, including but not limited to credit or debit card, or via a third-party payment processor such as PayPal.
“PECR” means the Privacy and Electronic Communications (EC Directive) Regulations 2003.
“Personal Data” has the meaning set out in the Data Protection Legislation.
“Practitioners” means those third-party providers of Treatments and services advertised on and offered through the Website.
“Services” means: (a) your use of the Website and the Content we provide to you through it; (b) your use of our Concierge Services; and/or (c) any other services we provide to you in connection with booking any Treatments.
“Treatment” means a wellness and therapy treatment offered by Practitioners on the Website, including, without limitation:
- 1 to 1 treatment sessions;
- Group treatment sessions or classes; and
“Treatment Rules” has the meaning given to it in clause 3.5.
“User” means an individual who registers an account to use the Website; and terms such as “Users” shall be interpreted accordingly.
“User Content” means Content which a User contributes, submits, uploads, publishes or otherwise make available via the Website.
“Website” means the Mamma website at the following web address: https://mammawellbeing.com and any application(s) run through it.
Where this User Agreement refers to “you” or “your” it means the individual accepting this agreement; where it refers to “us”, “our” or “we” it means Mamma.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
1.1. Use of the Services by you is governed by the terms of this User Agreement.
1.2. We may change these terms at any time without notice. Any such changes shall take effect on the next occasion that you make use of the Services. Any such new terms may be displayed on-screen when you next use the Website and you may be required to read and accept them in order to continue your use of the Services.
1.3. The terms of this User Agreement apply to the Services and to any updates or changes we make to the Services, unless such additions are provided pursuant to separate terms, in which case those terms shall apply.
1.4. From time to time we may automatically update the Website and change the Services to improve performance, enhance functionality or address security issues. Depending on the update, you may not be able to use the Services until you have downloaded, streamed or accepted the updates and accepted any new applicable terms
1.5. You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you which you may use to access or use the Website. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this User Agreement for the use of the Website on any such Device, whether or not it is owned by you.
1.7. You warrant that you are duly authorised to provide us with any Personal Data you upload on the Website (including third party Personal Data), and that any Personal Data you may provide to us is accurate and complete in all respects.
1.8. You acknowledge and agree that internet transmissions are never completely private or secure and that any message or information you send using the Website or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.9. We may for any reason, restrict, withdraw, suspend or terminate your access to the Services.
2. Your Account
2.1. In order to receive some of the Services, you must register and create an Account with us using the Website. You agree that you will be solely responsible for all activity that occurs under your Account and you agree to maintain the security and secrecy of your Account username and password.
2.2. You confirm that the information you provide when creating your account is accurate and complete, and that you will update us via the Website as and when your information changes.
2.3. You must notify Mamma immediately of any breach of security or unauthorised use of your Account that you become aware of.
2.4. By setting up an Account you confirm that you are at least 18 years of age.
2.5. If you register an Account with Mamma through your Facebook Account or Google Account, you are allowing Mamma to access those accounts as permitted under the applicable terms and conditions that govern your use of the same. You represent that you are entitled to disclose your Facebook Account or Google Account login information to Mamma and/or grant Mamma access to the same(including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of your Facebook Account or Google Account and without obligating Mamma to pay any fees or making Mamma subject to any usage limitations imposed by Facebook or Google. Please note that your relationship with Facebook or Google is governed solely by your agreement(s) with Facebook or Google, and Mamma disclaims any liability for Personal Data that may be provided to us by Facebook or Google in violation of the privacy settings that you have set for your Facebook Account or Google Account.
3. Treatments and bookings
3.1. All Treatments booked using our Services are subject to availability and the images and/or descriptions of the Treatments on the Website or communicated to you in writing are for illustrative purposes only and actual Treatments may vary from those images and/or descriptions.
3.2. We require our Practitioners to ensure that all information provided by them for display on their page of the Website is accurate, complete and not misleading in any way, but we cannot verify the information which they provide to us. You hereby accept that it will be each Practitioner’s responsibility to ensure that all of its Treatments listed on the Website are available and accurately described.
3.3. You confirm that you have read understood and accept the terms of the Mamma Waiver. It is your (or the person receiving the Treatments’) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Practitioner that might affect or be affected by any Treatments (for example without limitation, allergy information and health issues). If you (or the relevant recipient of the Treatments) fail to disclose any such information to the applicable Practitioner, neither Mamma nor the relevant Practitioner shall be liable to you (or the recipient of the Treatments) for any injury, loss or damages resulting from the Treatments that could reasonably have been avoided if you (or the recipient of the Treatments) had disclosed that information prior to receiving the Treatments.
3.4. You understand and agree that Mamma is not responsible for the Treatments that you book through the Mamma Website or as a result of any introductions made by us to you. Mamma Practitioners and not Mamma provide the Treatments. The Practitioners, and not Mamma, are responsible for customer service related to those Treatments, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a Practitioner’s personnel, policies, or processes.
3.5. In addition to this User Agreement, the Practitioners may have in place ‘house rules’, ‘customer policies’, ‘codes of conduct’ or any other rules or policies which its customers need to follow when receiving, attending or otherwise participating in any Treatment (“Treatment Rules”). You accept that if you breach these Treatment Rules, the Practitioner reserves the right to, to the extent permitted by law, refuse your entry to, use of, or ask you to leave the Treatment without a refund or any form of compensation.
3.6. We take any complaints you may have against a Practitioner very seriously. If a dispute arises, you should aim to resolve the dispute directly with the Practitioner in the first instance. If you are unable to come to a satisfactory resolution, please contact Mamma at firstname.lastname@example.org and we will endeavour to assist you and the Practitioner in resolving the dispute. For the avoidance of doubt, nothing in this clause shall mean that Mamma accepts any liability on behalf of such Practitioner. Mamma may but is under no obligation to provide you with a refund or any other remedy in the event that you are dissatisfied with the service you have received from a Practitioner.
3.7. If you are a Consumer, you may cancel or reschedule your Treatment (except for Events) provided that it is not due to take place in the next 48 hours. In such cases we can offer you a full refund. If the Treatment is due to take place in the next 48 hours you will not be entitled to a refund.
3.8. Practitioners will have in place their own cancellation and refund policies for Events where Practitioners may operate a ‘no refund’ policy. Although we require Practitioners to provide you with a copy of their Event cancellation and refund policy to you, it remains each Practitioner’s responsibility to provide you with its policy and it is your responsibility to request and review its policy before booking the Event.
3.9. You accept that although we will help facilitate refunds wherever possible, it is each Practitioner’s responsibility to comply with or enforce their policies, provide you with a refund or otherwise respect and adhere to your legal rights as a Consumer in respect of the provision of and cancellation of Treatments.
3.10. If the above clause does not apply to you, you may still cancel your Therapy, but may not be entitled to a refund and/or subject to pay cancellation charges.
3.11. If you are a Business, in addition to the terms set out in this User Agreement you shall also be subject to any terms in your applicable Business Order Form.
3.12. Where you find and book a Treatment with a Practitioner using the Services, you understand that you must continue to book all future Treatments with that Practitioner via the Services.
4. Price, Service Fee and Payments
4.1. The price of a Therapy (which includes VAT) plus any Services Fees will be:
(a) indicated on the Website; or
(b) communicated to you in writing.
If for any reason you do not think the price is correct, then please contact us.
4.2. You agree that we may charge fees in consideration for your use of the Services (“Service Fees”). We reserve the right to change the Service Fees at any time. You are responsible for paying any Service Fees that you owe to us. Except as otherwise provided on the Website, or this User Agreement, Service Fees are non-refundable.
4.3. The Website allows you to make payments using the Payment Methods. The Payment Methods accepted are displayed on the Website.
4.4. The entity issuing your Payment Method, and not Mamma, is responsible for customer service related to your Payment Method.
4.6. By associating a payment card with your Account, searching for and reserving Treatments on the Website, and agreeing to pay for those Treatments within the Website, you are authorising a charge to your payment card as necessary to complete the purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the Website; you also authorise a credit to your payment card to accomplish that transaction.
4.7. Purchases you authorise through the Website may also be subject to terms and conditions set forth by the Payment Methods and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions as well as any fees and/or surcharges imposed by Mamma or a Practitioner as a result thereof.
4.8. Payments made through the Payment Method are processed by third party payment services providers. Mamma takes reasonable care to ensure that the Payment Method is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Method, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Method may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Method and will do what we can to restore the facility as soon as reasonably possible.
4.9. When you pay for Treatments via the Payment Method, Mamma will collect the payment. Once Mamma has successfully received your payment for the Treatments, this will discharge your debt to the Practitioner on whose behalf Mamma has collected the payment.
5. Content and Statements
5.1. As a Mamma account holder, you may access Content when using the Services.
5.2. You acknowledge and accept that you may be exposed to Content that is factually inaccurate, misleading, offensive, indecent, or otherwise objectionable to you, including Content uploaded by Practitioners. You further understand and accept that Mamma is under no obligation to review or verify any Content. This includes, for the avoidance of doubt, any Content with respect to the qualifications, expertise, quality of work, price or cost information, insurance coverage or any other information about the Practitioners or the Treatments they provide.
5.3. All Content on the Website is for information purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your Doctor or other qualified health provider with any questions you may have regarding your health or any medical conditions.
5.4. You acknowledge and accept that whilst receiving a Treatment or otherwise communicating with the Practitioner you will be exposed to information which we have no control over, that we do not endorse and/or which may not relate to Mamma and is specific to you and your Treatment. You acknowledge and agree that Mamma is not liable for any loss or damage which may be incurred by you as a result of your exposure to or as a result of any reliance placed by you on any statements, promises, advice or information made, or given to you, by a Practitioner.
5.5. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mamma with respect to any such Content.
5.6. You agree to only access the Content solely as intended through and permitted by the normal functionality of the Service, including your use of any comment or posting feature of the Service.
6. Your User Content
6.1. As a Mamma account holder, you may submit User Content.
6.2. Your User Content is yours and you are responsible for it. You grant Mamma a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sub-licence, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
6.3. You agree not to provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Mamma in its sole discretion, whether or not such material may be protected by law.
6.4. Mamma may, but shall not be obligated to, review, monitor, or remove User Content, at Mamma’s sole discretion and at any time and for any reason, without notice to you.
7. Links From Mamma
7.1. The Service may include hyperlinks to other websites that are not owned or controlled by Mamma. Mamma has no control and assumes no responsibility for the content, privacy policies or practices of any third-party websites.
7.2. You acknowledge and agree that Mamma is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
7.3. You acknowledge and agree that Mamma is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
8. Intellectual Property
8.1. All Intellectual Property Rights in the Website and the Services throughout the world belong to us (or our licensors) and the rights in the Website and the Services are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the Website or the Services other than the right to use them in accordance with these terms.
8.2. Except for your User Content, you accept and acknowledge that all Content on the Service is either owned by or licensed to Mamma. Any third party trade or service marks present on Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Mamma or, where applicable, Mamma’s licensors. Mamma and its licensors reserve all rights not expressly granted in and to their Content.
9. Acceptable use restrictions
9.1. As a condition of being granted access to the Website and the Services you agree:
(a) to read and comply with the Community Guidelines;
(b) not to create an Account or otherwise use the Services if you are under the age of 18;
(c) not to upload or submit any information or data to the Website, which is inaccurate, false or misleading;
(d) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that enforce limitation on use of the Service or the Content;
(e) not to copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Website, except as part of the normal use of the Website;
(f) not to do anything that disrupts the functions or connected networks of the Website;
(g) not to use the Website or Service in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this User Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website, any Service or any operating system;
(h) not to use the Website or Service to offer, solicit, arrange, or engage in, any kind of activity or arrangement which is, or which would be unlawful or inconsistent with the purpose of the Service;
(i) not to infringe our Intellectual Property Rights or those of any third party in relation to your use of the Website or any Service;
(j) not to use the Website or Service in a way that could damage, disable, overburden, circumvent, impair or compromise our systems or security or interfere with other Users;
(k) not to transmit any virus, worm, defect, trojan horse or any other malicious code to the Website for any reason; and
(l) to not, or cause other to, collect, extract, scrape or harvest any information, content or data from the Website, any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
10. Warranties and Disclaimers
10.1. The Service is provided “as is” and “as available” and in particular, Mamma makes no warranty or representation that:
(a) your use of the Service will meet your requirements;
(b) the Service will be available;
(c) your use of the Service will be reliable, uninterrupted, timely, secure of free from error; and
(d) any defects in the operation or functionality of the Website will be corrected
10.2. Save for as expressly set out in these terms, to the extent permitted by law, no implied warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, shall apply to the Website or its use by you.
10.3. To the extent permitted by law, any warranties, guarantees or representatives given hereunder or implied by law shall not apply to this User Agreement where:
(a) a defect or fault in the Website or any Services, results from you having altered or modified the Website without our permission; or
(b) a defect or fault in the Website or any Services, results from you having used the Website or Services in breach of the terms of this User Agreement.
10.4. Although we encourage Practitioners to take out insurance to cover their liability in respect of Treatments provided to you, we cannot provide any guarantee that Practitioners have done so or that the insurance taken out offers sufficient cover. Accordingly, when you book a Treatment you do so at your own risk and with knowledge that the Treatment may not be covered by insurance.
11. Limitation of Liability
11.1. References to liability in this clause 11 includes every kind of liability arising under or in connection with this User Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2. Mamma shall not under any circumstances be liable for any loss or damage you suffer as a result of:
(a) the Treatments or services provided by the Practitioners
(b) your exposure to any Content or the Service, including its accuracy;
(c) any changes to the Service, or any permanent or temporary cessation in the provision of the Service (or any features within the Service);
(d) any errors with, or availability of, the Service;
(e) your actions including your breach of the terms of this User Agreement;
(f) your failure to provide Mamma with accurate information; or
(g) your failure to keep your password or Account details secure and confidential.
11.3. If you are a Consumer, without limiting the effect of the specific exclusions set out in clause 11.2, we shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of this User Agreement up to the limit specified in clause 11.5. Loss or damage is foreseeable if it is an obvious consequence of our breach at the time, we entered into this User Agreement with you.
11.4 If you are a Business, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the User Agreement for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information or loss of or an damage caused to your reputation or goodwill or any indirect or consequential loss, irrespective of whether such loss was foreseeable or not.
11.5. Our maximum aggregate liability under or in connection with this User Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to three times the total amount of the fees paid by you when using the Services.
11.6. Nothing in this User Agreement shall limit or exclude our liability for any other liability that cannot be excluded or limited by English law.
11.7. If you are a Consumer, you also have legal rights in relation to provision of the Services. Nothing in this User Agreement will affect these legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. Termination of this User Agreement
12.1. You may stop using the Services at any time. You can also delete your Account which may restrict your access to some parts of our Services.
12.2. Without prejudice to our rights hereunder, we may terminate or suspend this User Agreement and your access immediately without notice to you:
(a) if you commit a breach of this User Agreement which you fail to remedy (if remediable) within 3 days after giving you written notice requiring you to do so;
(b) if we have any reason to suspect that your use of the Website and Services is unlawful, or that it would bring us and/or other Users or the Website into disrepute;
(c) if we believe that it is required to terminate your use of the Website and Services by law; or
(d) if we withdraw the Website from service, or otherwise reorganise or restructure our business so as to necessitate the termination or suspension of provision of the Website to you.
13. Communication Between Us
13.1. If you wish to contact us in writing, or if any condition in this User Agreement requires you to give us notice in writing, you can send this to us by e-mail to email@example.com.
13.2. If we have to contact you or give you notice in writing, we will do so by e-mail, text message, short message service or by pre-paid post using the contact details you have provided to us.
14. Events outside our control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this User Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (each an “Event Outside Our Control”).
14.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this User Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
14.3. We shall take reasonable steps to prevent or minimise delay.
15. Other important terms
15.1. We may transfer our rights and obligations under this User Agreement to another organisation, but this will not affect your rights under this User Agreement.
15.2. You may only transfer your rights or obligations under this User Agreement to another person if we agree in writing.
15.3. This User Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
15.4. If we fail to insist that you perform any of your obligations under this User Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5. Each of the provisions or part-provisions of this User Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, it shall be deemed deleted, but the remaining provisions will remain in full force and effect. If any provision or part-provision of this User Agreement is deemed deleted under this clause, Mamma shall propose a replacement that, to the greatest extent possible, achieves the intended commercial result of the original provision and that provision shall be inserted into this User Agreement and shall have effect from the date the User Agreement is entered into.
15.6. If there is an inconsistency between any of the provisions of this User Agreement and the provisions of the Business Order Form, the provisions of the Business Order Form shall prevail.
15.7. Please note that this User Agreement, and any documents referred to therein, its subject matter and its formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any disputes (including non-contractual) arising from or in connection with this User Agreement.
15.8. The use of this Website is lawful in England and Wales. Should you choose to use the Website, anywhere else in the world you are responsible for checking local law and ensuring your compliance with it.
BUSINESS ORDER FORM
Number of Bookings:
Mamma service fee:
Payment Due Dates: