TERMS AND CONDITIONS Please read this carefully. By using this website or requesting a booking and any subsequent bookings through this website or via the contact details shown within this website you are agreeing to the terms and conditions that appear below. These Terms and Conditions were most recently updated on 30 April 2015.
DISCLAIMER Material in this site may contain inaccuracies or typographical errors. Zakas Limited (“Zakas”, “TheMassageRooms” or "TheMassageRooms.com" as the context requires) shall not be liable or responsible for any loss or damage caused by or arising from any user's reliance on information obtained from or through this site. The Massage Rooms, TheMassageRooms.com and www.TheMassageRooms.com are trading names of Zakas Limited. It is your responsibility to evaluate the information and other content available through this site. This site and the information and materials contained in this site are subject to change at any time, and from time to time, without prior or subsequent notice.
WARRANTIES AND LIMITATION OF LIABILITY BY USING THIS WEBSITE OR THE SERVICES ADVERTISED AND BOOKABLE WITHIN, YOU AGREE TO HOLD ZAKAS FREE FROM LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE THAT MIGHT ARISE OUT OF THE TRANSACTION BETWEEN YOU AND ANY THERAPISTS OR MASSAGE TREATMENT SERVICE PROVIDERS. ZAKAS SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICES OR ANY THERAPISTS OR MASSAGE TREATMENT SERVICE PROVIDERS. ZAKAS SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. This site and the contents of this site are provided on an "as is" and "as available" basis. Zakas make no claims or warranties of any kind, explicit or implied, including, but not limited to, warranties of title or freedom from malicious programs (including viruses, worms or Trojan horses) or implied warranties of merchantability or suitability for a particular purpose, with respect to this site or its contents and explicitly disclaims any representations and/or warranties. Zakas do not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Zakas shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Neither Zakas nor any of its employees or representatives shall be liable for any damage arising out of or in connection with the use of this website.
By booking a massage through this website, and subject to the Warranties and Limitation of Liability indemnities stated herein, you further confirm that you will discuss your massage with your booked therapist in advance to ensure you have understood the treatment that you will be receiving and you confirm and accept that you are willing to proceed without confirmation from a medical expert. It is your responsibility and not that of the therapist to consult your GP or Consultant should you feel there is a possible contra-indication to receiving massage treatments in your personal case. You agree to indemnify the therapist and Zakas against any adverse reaction sustained as a result of any treatment booked through this website.
We are not liable or responsible for any errors in or failure to provide services due to your error or failure to provide accurate and complete information.We do our best to keep disruptions to a minimum, however we may temporarily suspend the site and services from time to time. This may be due to maintenance, other administrative purposes or circumstances which are beyond our control including but not limited to Acts of God, natural disasters, power failure, failure of any telecommunications or other data transmission system. We shall not be liable in these circumstances.
To the maximum extent permitted by law, our liability shall be limited to the amount of fees paid by you for a particular service requested.
Use of this site and services is on an “as-is” and “as available” basis. 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.
Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of Zakas, fraud or fraudulent misrepresentation by Zakas, or any matter which it would be illegal or unlawful for Zakas to exclude or limit, or to attempt or purport to exclude or limit, its liability.
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in Zakas or our licensors. You are permitted to use the material, data and content only for your personal use in placing bookings through TheMassageRooms.com and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on TheMassageRooms.com website without Zakas's prior written consent and permission. Zakas may impose a fee on any proposed used of the material data and content contained on its website, other than for making bookings through TheMassageRooms.com website. All website design, text, graphics, audio and video materials and the selection and arrangement thereof, are the sole property and copyright of Zakas. Zakas online booking system is a bespoke system designed, specified and implemented specifically for Zakas. Any use of materials on this website, including reproduction, modification, distribution or republication without the prior written permission of Zakas is strictly prohibited. The Copyright, Designs and Patents Act 1988, as amended by the Copyright and Trade Marks Offences and Enforcement Act 2002 and The Copyright and Related Rights Regulations 2003 protect copyrighted material in the United Kingdom and the European Union. In addition to the copyright laws, visitors to this website should be aware of the plagiarism protections afforded in the UK, in particular where there has been an intent to make money at the expense of Zakas.
GENERAL The materials contained in this site are displayed for informational and promotional purposes only. This site is solely for the private, personal, non-commercial use by its users. You may not download or copy any materials in this site except for your personal non-commercial use. No right, title or interest in any material or software is transferred to you as a result of any such downloading or copying. Zakas Limited is a UK registered company (company registration number 09446142) with its registered office address at Langley House, Park Road, London, N2 8EY. You may not reproduce (except as explicitly set forth above), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this site, any of the materials in this site, or any related software. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution or republication, without the prior express written permission of Zakas is strictly prohibited.
SERVICES The services described in this site are representative of the services offered by Zakas. Not all services that are described in this site are, or will be, available at all times and at all locations. The services described in this site may be changed without prior notice. Zakas offers health care services the primary purpose of which is the protection, maintenance or restoration of the health of the customer through therapeutic holistic body massage and related therapies and treatments. The services we offer are provided by a team of qualified professionals, all of whom have had formal training in, and hold independent qualification certificates in massage and some of whom are also registered health professionals such as physiotherapists or chiropractors. It is understood that Zakas is not the employer of the health care therapists advertised on our web site. Zakas provides its health care services through working with independent, freelance, health care professionals, who enter into a contract for services with Zakas Limited. These health care professionals are self-employed individuals, who have confirmed various conditions when entering into their contract for services with Zakas. These confirmations include holding professional qualifications in the treatments they offer through us and being appropriately insured in respect of public liability insurance for the treatments they are performing. Each therapist has her own individual style and as professionals in their field they are at liberty to deliver the style of massage they feel most appropriate at the time of the treatment. Not every massage is the same or even similar, between not only different therapists but also between one treatment and another given by the same therapist. It should be noted that the services are personal in nature in terms of both personal preferences of the receiver and giver and therefore it is possible that one's expectation is not met by every therapist, even if they are equally qualified and experienced. In light of this personal element that is associated with the services being offered, you should note that bookings are not offered on a trial basis. If you feel uncomfortable at any point during your treatment, you must immediately inform your therapist and your therapist will discuss with you at that time the best way to proceed.
Zakas does not in any way promote nor condone prostitution, illegal and/or immoral activities. If Zakas becomes aware of any intentions to request or carry out any such illegal or immoral services then Zakas reserves the right to cancel any appointment or contract with immediate effect and without any penalty to Zakas. Any moneys exchanged - as a result of meeting either directly or indirectly through this site is solely for (the time spent for) health related therapies. In the event that any other disallowed activities take place this must be considered as a matter of personal choice between two or more consenting adults and can never be contracted for, nor be the subject of a request to be contracted for, nor be the subject of a request for any kind of compensation whatsoever. This statement regarding disallowed activities is included purely for the protection of Zakas and is not intended to create the impression that such activities may be on offer. All therapists working with Zakas undertake not to become involved in any such activities and have provided express confirmations that they are no way interested in any services other than therapeutic health services.
GIFT VOUCHERS, CERTIFICATES AND OTHER CREDITS The Company may offer gift vouchers, certificates or account credits from time to time. Any such gift voucher, certificate or credit purchased, gifted or offered is valid for a period of 12 months from the date of delivery. We may, at our discretion, extend the validity date by a period of 3 months if contacted in advance of expiry. Any gift vouchers, certificates or credits are not transferable and must be used by the original intended recipient at the originally specified address (or another address within the boundaries of London covered by our therapists). Gift vouchers, certificates and credits are delivered by email only and may be printed off for presentation. A valid gift voucher, certificate or credit number must provided along any request for application against a booking.
PRIVATE BOOKINGS The conditions of contract between Zakas and the freelance therapists contain conditions and agreements by the therapists not to accept or perform any bookings for customers introduced initially by Zakas through any other systems or means other than those of Zakas booking systems. The Terms & Conditions of also stipulate that you will not contact the therapists sent to you for private bookings arranged without the knowledge of Zakas. Zakas reserve the right to claim for any lost revenue as appropriate in accordance with the terms of the contract with its freelance therapists from the freelance therapists and also in accordance with the Terms & Conditions set out here for the making of bookings by customers.
CANCELLATIONS CORPORATE BOOKINGS For any corporate bookings or otherwise specially arranged bookings by email, telephone or otherwise (excluding through the live online booking system) we request any cancellation or amendment request be made by email to the email address through which the booking was made. You must obtain a confirmation of cancellation response from us. For cancellations made up to seven working days before the start of the booked appointment time you would lose 50% of your paid deposit. For cancellations received within seven to three days of the booked appointment time you would lose 100% of deposit paid. Zakas reserves the right to charge the full price of the booking for cancellations made after this time and an appropriate administration fee if the bookings were arranged manually.
RETAIL BOOKINGS We understand that on occasion plans can change and you may need to amend or cancel your booking. Please note however that once you have booked, you are reserving the chosen therapist for the whole of your booking period and also for travel time before and after your booking. This means that the therapist cannot be booked by any other customer during that whole period. In order to protect against therapists suffering lost opportunities as a result of this, we request that any cancellation or amendment requests for bookings made using the live booking system on our website be made by telephone call or email to the details provided on the Book Now page, at least five hours before the start of the booking time. For cancellations within five hours of the booked start time, the full appointment fee becomes payable. This is to protect the value of therapist diaries and their time.
YOUR HEALTH You health is your biggest asset and we believe you should take care of your body. Our therapists are fully qualified professionals focused on protecting, restoring and maintaining your health. By booking a massage through TheMassageRooms.com you confirm your understanding massage therapy provided by the therapists with which we work is for the purpose of protecting, restoring and maintaining your health. You agree you will immediately inform your therapist if you experience any pain or discomfort during your session, so that the therapist can make appropriate adjustments to your level of comfort. You confirm your understanding that your massage therapists is not providing are service to diagnose illness, disease or any other physical or mental disorder. You acknowledge that massage is not a substitute for medical examination, diagnosis or treatment, and that it is recommended that you see your physician for any such advice.
Because massage should not be performed under certain medical conditions, you affirm that you have checked with appropriate medical professionals regarding the suitability of a massage for you and that you have stated any appropriate medical conditions or alerts when making your booking. You agree to keep your massage therapist updated on your health and wellbeing. You confirm your understanding and agreement that Zakas Limited, its shareholders, directors, employees, related parties or connected persons nor the massage therapist you have booked shall bear any liability should you fail to seek and follow independent and appropriate medical advice in relation to your proposed massage treatment.
RESPECT OF MASSAGE THERAPISTS Zakas operates an outcall massage therapies business in and around London by working with a number of self-employed freelance therapists. Assault against therapists is an offence contrary to the Criminal Justice Act 1988 and the Offences Against the Person Act 1861. In addition to the statutory definition, assault can also include “any incident in which persons are abused, threatened or assaulted in circumstances relating to their work and which constitutes an explicit or implicit threat to their safety and general wellbeing”. Zakas is committed to a fair and proactive approach in preventing offences of violence and assault against the freelance therapists it works with in the course of their duties. These therapists have the right to do their jobs without fear of assault. Zakas will support its freelance therapists as appropriate, including through police reports and prosecution if applicable, in respect of perpetrators of any such offences. Zakas may also publish names of convicted offenders to serve as deterrent to others.
SUBMISSIONS You agree that any and all comments, messages, postings, photos, audio and/or video material, data, suggestions, concepts, and other items or materials disclosed, submitted or offered to Zakas through or in connection with this site, including, but not limited to, survey responses, etc., shall be treated as non-confidential and not proprietary and shall become, and remain, Zakas’s property. Such disclosure, submission or offer of any submission shall constitute an assignment to Zakas of all rights, title and interests in all copyrights and other rights in the submission. Zakas remain, and shall remain, under no obligation (i) to maintain any submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any submission; (iii) to respond to any submission; or (iv) publish any submission, for example, in the feedback area of the website. You represent and warrant that no submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any submission to, through, in connection with or related to this site, you agree that Zakas have the right (but not the obligation) to copy, publish, distribute or use such submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. Zakas do not and cannot agree to consider or review every submission, and is not liable or responsible for the content of any material posted on this site by users. You agree not to upload, post, distribute or otherwise publish on this site any material that (i) is libellous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any submission you make.
Cookies are very commonly used on the Internet and do not harm your system. Cookies have a number of uses. They can also be used to estimate the number of users to our website. Cookies may also be used for other purposes, such as to maintain the security of the website and provide information on what administrative support the website may require.
The types of cookies are used on this website are Session Cookies. These are temporary cookies, which only exist in the period you access the website (or more strictly, until you close the browser after accessing the website). Session cookies help our website remember what you chose on the previous page, therefore avoiding having to re-enter information. On our website, these cookies do not contain personal information, and cannot be used to identify you.
LEGAL JURISDICTION These terms and your use of this site are governed under the laws of the United Kingdom, without regard to its conflict of legal principles. Any dispute arising under these terms or out of use of this site, shall be resolved exclusively in a London, United Kingdom courts. By using this site, you hereby agree to the personal and legal jurisdiction of, and venue in, such courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, it shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This does not affect your statutory rights as a consumer to bring claims in your local jurisdiction.
LINKS This site may contain links to other sites. Zakas shall not be held responsible and/or liable for the availability of, or for any content material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this site, is not, and should not be interpreted nor construed as, an express or implied endorsement by Zakas. Any questions or comments relating to such other sites should be addressed directly to the operator of those sites.
EVENTS BEYOND OUR REASONABLE CONTROL We shall not be in breach of these Terms And Conditions nor shall we be liable for any failure or delay in performance of any obligations under these Terms and Conditions arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
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