Terms & Conditions
These Terms and Conditions apply to all Services provided by us, The Office Massage Company LTD, a company registered in England and Wales under number 07768211 whose registered address is at International House, 36 - 38 Cornhill, London, England, EC3V 3NG (referred to as “Office Vitality/we/us/our’’)
The following definitions and rules of interpretation apply in these Terms & Conditions.
1.1 Definitions:
Applicable Laws: means any and all laws, regulations, codes that are applicable to the supply of Services and these Terms and Conditions, which include but are not limited to the Working Time Regulations 1998, Health and Safety at Work Act 1974, any and all applicable laws
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Commencement Date: shall mean the date on which the Services are to be provided to you;
Terms and Conditions: these terms and conditions as amended from time to time.
Contract: the contract between the Office Vitality/us and the Customer/you for the supply of Services in accordance with these Conditions.
Customer/You/Your: means you, the person, office, firm etc who purchases the Services from Office Vitality/us.
Fees: means the monetary compensation in consideration for the Services provided under these Terms and Conditions, which shall be displayed and detailed on the Website
Force Majeure Event: has the meaning given to it in clause 8.1.
Order: means the Customer's/your order for the supply of Services as set out in your written acceptance of the Supplier's quotation, or Proposal, as the case may be.
Package: means multiple sessions in the form and manner as laid out in these Terms and Conditions and in the form and manner as displayed on the Website from time to time;
Party or Parties: you or us, as the context may require, shall individually be referred to as a Party or collectively as the Parties
Services: means any and all massage services, including but not limited to single sessions, Subscriptions, Packages etc, supplied by the independent therapists as set out in your Order on the Office Vitality Platform
Service Specification: the description or specification of the Services displayed on the Website/Platform of Office Vitality
Session(s): means the single massage Session or multiple massage sessions as per the Services purchased, as the context may require
Subscription: means subscribing to the Services of multiple Sessions on a monthly, bi-weekly, weekly basis as illustrated in these Terms and Conditions and in the form and manner as displayed on the Website from time to time, or for any other term as decided and communicated by you and us;
Therapist: means the independent Therapist arranged for you after placing an Order with us on the Website who shall carry out the Services for you according to the Service Specification;
www.officevitality.co.uk: is the Website/Platform of Office Vitality where all Services are listed and advertised and where the Customer/you may buy and acquire said Services
1.2 Interpretation:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its [personal representatives,] successors and permitted assigns and a reference to Parties shall mean the Supplier and Customer collectively.
(c) A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
(d) Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes email.
2. Contract Basis and Order Placement
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms.
2.2 By placing an Order with us, you have consented to Office Vitality providing you with an appropriate Therapist to perform the Services according to the Service Specification as listed on our Website and/or as per any special requests made by you.
2.3 Before or after placing an Order with us, I you are unsure about any part of these Terms and Conditions, please ask us for clarification. No terms or conditions issued or referred by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
2.4 The Order shall only be deemed to be accepted when we issue written acceptance of the Order,
2.5 Once the Order is accepted the Contract is formed between you and us; at which point and on which date the Contract shall come into existence (Commencement Date).
3. Services and Service Specification
3.1 We shall make all reasonable efforts to ensure that the Services available from us correspond to the Service Specification as described on our Website and in your Order and provide you with a confirmation of this Order, after which the Contract between you and us shall be formed.
3.2 Subject to Clause 8.2, you represent and acknowledge that you have not relied on any statement, representation, assurance or warranty of kind, made or given by any third-party or by Office Vitality which is not set out in these Terms and Conditions.
3.3 Upon confirmation of the Order, we shall provide you with all necessary details of the Service Specification and the Services you have purchased, including but not limited to all payment methods used to pay the Fees for the Services, relevant dates, timings, details of Therapists and of the Services to be provided etc.
3.4 As we connect you to independent Therapists that shall be representing and working with the brand name of Office Vitality, the confirmation of any Order placed with us is expressly conditioned upon the individual availability of the selected Therapists for the specified dates, times, and manner as per your request. Prior to the confirmation of an Order with us, you may choose to either book you will be directed to a designated link wherein the availabilities of all Therapists will be conspicuously displayed. Subsequently, you may exercise your discretion in selecting the appropriate dates and times for the provision of the Services.
3.5 You agree and acknowledge that Office Vitality reserves the right to suspend the Services in the event you attempt to interfere with, solicit, poach or endeavour to entice away the Therapists from the business of Office Vitality during or after your receipt of the Services for your own gain and benefit which would cause irreparable damage to the business and reputation of Office Vitality.
3.6 Among the details provided to you, we shall also provide you with information relating to the Therapist, this shall include
i. Their identity;
ii. Their qualifications, certifications of appropriate training, any and all licenses or authorisations required by law to provide you with the Services;
4. Customer’s Undertakings, Acknowledgments and Obligations
4.1 You undertake, acknowledge and agree that:
a) The Therapists provided by Office Vitality represent the brand of Office Vitality but perform the Services and work as independent contractors and are in no way associated, employed, partnered or affiliated with the business of Office Vitality, and that Office Vitality only through their Platform provides you with the Services of connecting you to these individual Therapists once you have consented to purchase any of the Services provided on the Platform;
b) If you choose to book any Services online through the Platform, you are required to furnish Office Vitality with comprehensive information pertaining to specific requirements for the provision of Services. Such requirements include, but are not limited to, notifying Office Vitality or the Therapists of any existing health issues before the commencement of Services, communicating any special requests, and granting all necessary permissions for the Therapists to access your premises for the efficient and timely execution of the Services. Such requirements also apply to in person bookings whereby you shall also disclose any and all information to the Therapist relating to prior health issues and any other special requirements;
c) It is expressly stated that any failure on your part to provide essential information in regards to Clause 4.1 (b), that may impede the provision of Services shall not be deemed the liability of Office Vitality or the Therapist. For instance, if you have specific health considerations that the Therapists need to be aware of, such as allergies or physical limitations, this information must be communicated in advance to facilitate the appropriate delivery of Services. Similarly, if there are any unique requests or specific permissions required for the Therapists to access certain areas of your premises, it is your responsibility to convey such details to ensure a smooth execution of the Services. Failure to provide necessary information that directly impacts the successful provision of Services will not be attributed to any liability on the part of Office Vitality or the Therapist;
d) Office Vitality connects you to fully qualified Therapists and that the Therapists make all reasonable efforts to implement the highest standards of practice provide you with high-quality services. However, in regards to liability, Office Vitality does not provide you with any warranties or guarantee to the safety and Services provided by the Therapists and that Office Vitality shall not be held liable for any unsatisfactory services, injury, damages, expenses or delays incurred by you directly or indirectly from or in any way connected to the introduction of a Therapist to you in regards to the performance of the Services by the Therapist;
e) Any breach by you of these Terms and Conditions, may result in immediate termination of the Contract without notice and Office Vitality withholds the right to withdraw the Contract and any Therapist supplied to you; and
f) You shall at all times ensure to treat the Therapist with due respect, dignity and must take all necessary steps to avoid any abuse and unlawful discriminatory, failure to comply with this Clause may result in the immediate termination of the Contract without notice and Office Vitality shall be entitled to withhold any Fees paid by you in regards to the Services.
5. Packages and Subscriptions
5.1 If you purchase a Package, you may be entitled to receive a discount (if any) in regards to the Package, the details of the Packages and any discounts available shall be displayed on the Website and subject to change from time to time;
5.2 Examples of Packages are structured as the following (for up-to-date information regarding our packages, please visit our website):
i. Flex: These Sessions can be booked at anytime using the code provided and the schedule link. *valid for 12 months
ii. Valid for 12 months from the date of purchase
iii. This Package can be frozen for a period of 3 months.
iv. Flex 8: 8 sessions from 2 hours to 8 hours
v. Flex 12: sessions from 2 hours to 8 hours
vi. Flex 20: sessions from 2 hours to 8 hours
5.3 Packages are valid for a period of 12 months from the date of Purchase, with the option of freezing for up to 3 months and are non-refundable.
5.4 Subscriptions may be obtained on a monthly, bi-weekly or weekly basis and may be set to a bespoke timeline and arrangement subject to confirmation by us. In regards to Subscriptions, it shall continue and a rolling basis and there must be a commitment to a minimum of 6 sessions. Once an Order to a Subscription has been confirmed, after commencement of the Services, the first 6 Sessions shall be non-refundable and any cancellation of the Subscription after the first 6 Sessions shall be according to the Cancellation Policy as detailed in Clause 6. Subscriptions may also be frozen for a maximum period of 3 months.
5.5 Office Vitality retains the right to alter any of these Packages and Subscriptions from time to time and details of any such change shall be illustrated on the Website and reference must be made to the Website for updated specifications on the Services being offered by Office Vitality.
6. Payment Methods, Cancellation Policy and Third-Parties
6.1 The Fee’s for any and all Services obtained by you in your Order are to be paid in full and advance in the form and method as provided by us, which includes debit or credit card payments, direct debits, BACS (electronic money transfer) (Payment Method).
6.2 The payment of any and all Fees for the Services are to be strictly paid through the Website or and no payments shall be made to the Therapist directly;
6.3 All amounts on the Website are exclusive of VAT, which shall become applicable and be charged in addition at the rate in force at the time you are required to make payment.
6.4 Payment transactions conducted on the Website are facilitated exclusively through a third-party payment provider, namely Stripe (Stripe). In the event of any error, dispute, or refund request pertaining to the payment of Fees, resolution shall be pursued in accordance with the processes and methodologies established by the Stripe. Please note, Office Vitality does not record, hold or retain any data regarding its customers payment methods or any other information and that any and all data from payment transactions made on the Websites may be withheld on Stripe and shall be according to their own privacy policy and/or terms and conditions. Further information regarding Stripe’s processes and privacy policy can be found here. Stripe Privacy Policy
6.5 You may choose to either make payments for the Services in person or on the Website, If you decide to make you booking and pay for the Services online, you shall be prompted to follow a link to a third-party platform, namely Square Space, in which you shall be required to fill out a form which shall detail your willingness and consent to receive the Services. Please note, Office Vitality does not record, hold or retain any data regarding its customers from said consent form and any and all data that may be withheld on Square Space shall be according to their own privacy policy, which you can find here Square Space’s Privacy Policy
6.6 Cancellation Policy: As Office Vitality shall incur irrevocable costs in respect of the administration and labour in finding a suitable Therapist for you, the following fees shall apply and will be deducted from any refund due to you:
i. The sum of £25 or 10% of the Fees (whichever is greater) if you provide notice of 14 (or more) working days before the start date of the Services.
ii. 50% of the Fees if you provide Office Vitality with notice of 6 to 13 working days before the start date of the Services.
iii. 100% of the Fees if you provide Office Vitality with notice of less than 5 working days before the start date of the assignment.
6.7 Refunds also may be provided if these Terms and Conditions are breached by Office Vitality.
6.8 Office Vitality reserves the right to modify the Fees for all of its Services at its discretion and such adjustments may occur periodically, with an annual consideration for the impact of inflation on operational costs.
7. Limitation of Liability & Indemnification
7.1 The Therapist has their own insurance cover in respect of certain aspects of its own legal liability for individual claims, before the commencement of the Session, the Therapist shall provide you with a paper consent form, which they shall keep in record whereby you shall agree to and acknowledge any and all risks involved in the Services being provided to you.
7.2 Office Vitality will make reasonable efforts to ensure reasonable standards of skills, integrity and reliability in Therapists and to comply with your requirements, however, you accept and agree that Office Vitality gives no warranty as to the suitability of any Therapist for the Services.
7.3 Office Vitality nor any of its staff will be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the supply of Services under these Terms and Conditions, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of Office Vitality.
7.4 Office Vitality shall not be held liable or responsible for any injury or damages caused by the Therapist and before the supply of any Services to you under these Terms and Conditions, a copy of the Therapists consent form and insurance shall be provided to you which shall dictate how claims are to be made directly from the Therapist in the event you suffer any injury, loss, damages etc.
7.5 You agree to indemnify, defend and hold harmless Office Vitality and its employees, agents, and representatives from and against any and all claims, losses, actions, damages, suits, liabilities, obligations, costs, fees asserted by a third party as a result of any act or omission by you in your performance of these Terms and Conditions.
8. General Provisions
8.1 Force Majeure. The Parties shall not be held liable or deemed to be in breach of the Terms and Conditions for any delays or failures in performance these Terms and Conditions which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances will promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than six months, either Party may terminate these Terms and Conditions by written notice to the other Party.
(a) Notices. Any notice given to a party under or in connection with these Terms and Conditions shall be in writing and shall be:
(i) sent by email to the following address (or an address substituted in writing by the party to be served):
Office Vitality: [hayley@officevitality.co.uk]
Any notice shall be deemed to have been received if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume
(b) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
8.2 Entire Agreement and Amendments. These Terms and Conditions constitute the entire agreement by the Parties and supersedes any prior written agreements, whether oral or written. Office Vitality reserves their right in their sole discretion to amend either part or the whole of these Terms and Conditions at any given time and shall provide notice of any change to you during the existence of your Contract. (Nothing in these Terms and Conditions shall exclude liability for fraud)
8.3 Assignment and other dealings. Only with prior written consent of Office Vitality, may you assign or deal in any other manner with any or all of Services you are entitled to receive which have been duly paid for under these Terms and Conditions.
8.4 Severance. If any provision or part-provision of these Terms and Conditions becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.
8.5 Waiver.
(a) A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
(b) A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
8.6 Claims & no employment, partnership or agency. These Terms and Conditions establish that the Therapists are connected to you through the services provided by Office Vitality and that the Therapists shall perform the Services as representatives of Office Vitality, however, nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership, employment relationship between Office Vitality and the Therapist, and shall be treated as separate entities, in respect to any claims and liabilities that may arise out of the performance of these Terms and Conditions.
8.7 Third Party Rights. These Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
8.8 Variation. Office Vitality holds the right to amend and vary any of the provisions of these Terms and Conditions as they deem appropriate from time to time and update these Terms and Conditions accordingly on the Website.
8.9 Governing law. These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
8.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.