PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY PROVISION.
1. What do I need to know about Galamorous and these Terms and Conditions?
1.1 We are Galamorous Ltd, a limited company registered in England with registered address at 57 Crownstone Court, Crownstone Road, London, United Kingdom, SW2 1LT and registered number 11863549 (referred to as “we“, “us” and “Galamorous”).
1.2 Galamorous provides the web-based platform which can be found at www.galamorous.com and any other applications (including without limitation for smart devices) published by us from time to time (together, the “Platform”). We also offer all the professional services provided by health and beauty therapists via the Platform (the “Services”) as described in Paragraph 1.3. The aim of the Platform is to connect health and beauty therapists (each a “Therapist”) who provide the Services, to clients wishing to receive a Service (each a “Client”).
1.3 A Client using the Platform must make a booking online via the Platform in order to use the Services. When a Client makes a booking (a “Booking”) they will be invited to create an account (an “Account”) which allows them to make future Bookings without re-entering all their personal information.
1.4 Please review these Terms and Conditions carefully and make sure that you understand them before using the Services or Platform. By using the Platform and/or the Services offered by Galamorous, you will be deemed to have unequivocally agreed to the Terms and Conditions.
2. How is the contract between me and Galamorous formed?
2.1 By creating an Account or making a Booking for the Services, browsing, registering with and/or logging into the Platform as a Client, you agree to be bound by these Terms and Conditions (as amended from time to time) in their entirety. When creating an Account or making a Booking, you will be asked to electronically tick a box to agree to these Terms and Conditions. By ticking the box you reconfirm that you agree to become legally bound to any/all obligations in these Terms and Conditions and you should make sure you read and understand their contents.
3. How are these Terms and Conditions changed?
3.1 Galamorous may modify these Terms and Conditions by giving Clients at least fourteen (14) days’ prior notice. Galamorous will notify Clients of any changes to these Terms and Conditions by emailing Clients (at the email address currently attributed with the Client’s account) or by posting a notice on the Platform.
3.2 You may be asked to agree to these Terms and Conditions again from time to time when they are changed. By continuing to use the Services and/or the Platform after changes to these Terms and Conditions have been made and notified to you, you will be deemed to have agreed to be bound by such changes.
4. Whose responsibility is it to update my information?
4.1 By using the Platform, you promise that all registration information provided by you is truthful, accurate and complete and you undertake and agree to keep such information up-to-date and current.
4.2 Galamorous accepts no liability for a Client being unaware of any amendments to these Terms and Conditions or other notice where failure to notify was a result of that Client’s failure to ensure that their contact information was correct and up-to-date.
5. How may I make and use a Booking?
5.1 A Client may make a Booking through the Platform. Bookings are intended for the specific Service to which the Booking relates. The Client must choose the time and date of the appointment using the calendar available on the Platform and set out the address at which the Services are to be performed by the Therapist (the “Elected Address”)
5.2 A Booking may only be made up to four (4) weeks in advance.
5.3 A Client’s payment details will be requested at the time of the Booking and payment will be collected, in accordance with Paragraph 11, when a Booking is made. Full payment of the advertised charge for the Booking (the “Treatment Fee”) shall be due at the time of Booking.
5.4 Once the Booking is accepted, the Client will receive confirmation of the appointment by email and via the Platform.
5.5 By making a Booking, the Client is responsible for:
(a) payment of the Treatment Fee in full;
(b) ensuring the Therapist has access to the Elected Address which must, in all cases, represent a suitable space in which the Service can be performed, with all appropriate facilities (including adequate lighting and heating); and
(c) ensuring the health and safety of the Therapist whilst at the Elected Address.
5.6 The Client may tip to the Therapist if they wish in their sole and absolute discretion. Other than a tip, the Client should not pay the Therapist and Galamorous will not refund any Treatment Fee where the Client pays the Therapist direct.
5.7 Booking and subsequently direct messaging (“Direct Messages”) via the Platform are intended for the sole purpose of enabling communication between a Client and Therapist in order to provide and receive Services.
5.8 Galamorous will not tolerate use of the Platform or Direct Messages for any sexual or inappropriate purposes. Direct Messages may be monitored by Galamorous to ensure use of the Platform and Services are not misappropriated. In the event Galamorous finds inappropriate Direct Messages being exchanged between Clients and Therapists, Galamorous has the right in its sole and absolute discretion to delete or restrict access to a Client’s Account without notice or warning.
5.9 Clients agree that any communication outside of the Platform will be at their own risk. Therapists will be held accountable for all Services and Products provided to Clients. Galamorous will not be liable nor accountable for the communication, or results arising from communication and the Booking, on the Platform or off the Platform by or to any Client.
5.10 A Client is under no obligation to make a Booking, purchase a Service via the Platform, initiate a Direct Message, respond to a Direct Message or engage with the Platform or Services in any way.
5.11 It is in the Clients’ sole and absolute discretion whether they elect to make a Booking, purchase a Service, send a Direct Message, and/or continue communicating either on the Platform or off the Platform, at no liability and responsibility whatsoever to Galamorous.
6. Extensions and Delays
6.1 If the Client wishes to extend the time of the Booking, the Therapist will endeavour to fulfil the Client’s request. This is subject to the availability of the Therapist and payment of an additional charge for the extended time calculated in accordance with the Treatment Fee (each an “Extra Time Charge” and collectively, “Extra Time Charges”).
6.2 If the Client is delayed and unable to commence the Service at the Elected Address at the Appointment Time by more than 10 minutes then, unless the Therapist agrees to the contrary (which is within the sole discretion of the Therapist):
(a) the Therapist is entitled to end the Service at the time agreed when the Booking was made without making any adjustment to the Treatment Fee to reflect the reduced time of the Service; or
(b) if the Client and the Therapist agree to proceed with the Service for the full time allotted notwithstanding the delayed start time, then the Client shall be obliged to pay before the relevant Service is given, an additional charge calculated at the rate set out with the Treatment Fee for extra time.
6.3 Galamorous will collect the Extra Time Charges in accordance with Paragraph 11 as agent of the Therapist.
7. Cancellations and Refunds
7.1 The Client acknowledges that the Client does not have any statutory right to cancel a Booking. However, the Client has a contractual entitlement to cancel a Booking through the Platform in the following circumstances and on the described terms.
7.2 Subject to the cancellation being a Late or Very Late Cancellation (as described below), if the Client wishes to amend the Booking prior to the agreed appointment start time set out in the Booking (the “Appointment Time”) then the Booking shall be treated as cancelled (without requiring payment of the Treatment Fee or any Cancellation Fee) if the Client cancels the Booking via the Platform:
(a) at least twenty-four (24) hours prior to the Appointment Time; or
(b) if the Appointment Time falls within twenty-four (24) hours of the time of the Booking, within ten (10) minutes of the Client having confirmed the Booking (the “Grace Period”).
7.3 If the Client cancels the Booking (in each case, such cancellation to be considered a “Late Cancellation”):
(a) within twenty-four (24) hours of the Appointment Time; or
(b) after the Grace Period has elapsed,
then unless the cancellation represents a Very Late Cancellation (as described below), Galamorous will be entitled to retain (or charge, as the case may be) thirty per cent (30%) of the applicable Treatment Fee.
7.4 However, if the Client cancels the Booking within two (2) hours of the Appointment Time and if applicable, the Grace Period has elapsed (in each case, such cancellation to be considered a “Very Late Cancellation”), Galamorous will be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable Treatment Fee.
7.5 The Client will also be charged the full Treatment Fee if the Client:
(a) cancels a Booking other than as permitted above;
(b) attempts to cancel a Booking on or after the Appointment Time; or
(c) fails to attend a Booking at the Appointment Time and/or at the Elected Address.
7.6 A cancellation fee (the “Cancellation Fee”) is charged in order to compensate the Therapist for a Very Late Cancellation. Cancellation Fees may, in Galamorous’ sole and absolute discretion, be waived where the Client has been unable to cancel a Booking without incurring the Cancellation Fee for genuine reasons which were outside of the Client’s control.
8. What am I not allowed to do?
8.1 By using and/or registering with the Platform and/or using the Services, each Client agrees not to:
(a) upload, post, e-mail or otherwise send or transmit onto or via the Platform any material that:
(i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(ii) facilitates illegal activity;
(iii) depicts sexually explicit images;
(iv) promotes unlawful violence;
(v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(vi) is otherwise illegal or causes damage or injury to any person or property.
(b) upload, post, e-mail or otherwise send or transmit any material that the Client knows or should reasonably have known or suspected contained viruses, Trojan horses, worms or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, the Platform or its Clients;
(c) interfere with the servers or networks connected to the Platform or to violate any of the procedures, policies or regulations of networks connected to the Platform, including these Terms and Conditions;
(d) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Platform to any third party, or jeopardise the correct functioning of the Platform, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Platform;
(e) attempt to gain access to secured portions of the Platform to which he does not possess access rights;
(f) impersonate or make any misleading representations about any other person while using the Services or Platform;
(g) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Platform;
(h) resell or export the software associated with the Platform;
(i) use the Platform to generate unsolicited advertisements or spam, or otherwise send a Direct Message to a person in respect of which the Client does not have a valid and lawful processing condition in accordance with the Data Protection Act 2018;
(j) use, sell or distribute to any third-party (or publicly) any personal information of a Recipient for any means without their written prior consent (as in accordance with GDPR regulations); or
(k) use any automatic or manual process to search or harvest information from the Platform, or to interfere in any way with the proper functioning of the Platform,
and Galamorous reserves the right, without liability or prejudice to its other obligations to the Client, to disable the Client’s access to the Platform and/or any offending material should Galamorous determine in its sole and absolute discretion that the Client has breached the terms of this Paragraph 8.1. Should Galamorous choose to exercise this right, the Client will be notified by email at the time of revocation that their access has been revoked.
8.2 We do not tolerate abuse of any kind to any Therapist or Client via our Platform or using our Services. Our Platform and Services must not be used for spamming other users, sending unsolicited marketing communications or sending abusive communications. A Client in receipt of any of the above types of communications is encouraged to report the abuse and/or spam to Galamorous. Galamorous reserves the right in its sole and absolute discretion to report any offending user to the applicable law enforcement and/or data protection regulator in the Client’s jurisdiction.
9. Third party links
9.2 From time to time a Client may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, the Client agrees to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
10. What rights does Galamorous have?
10.1 In providing Clients with access to the Platform and/or the Services, Galamorous reserves the following rights, and, in accessing, browsing or otherwise using the Platform each User grants to and agrees that Galamorous shall have the following rights:
(a) the right to refuse or withdraw a Client’s access to the Platform without liability, in accordance with applicable laws for any reason at any time (with or without notice) if, in Galamorous’ sole and absolute discretion, the Client violates, attempts to violate or breaches any of these Terms and Conditions or applicable law;
(b) the right to amend or update the Platform, fees, billing methods or these Terms and Conditions from time to time;
(c) the right to without notice, remove content, materials or a Client’s Account for any reason whatsoever at our sole and absolute discretion, including without limitation content and materials which are unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, or where the Account is used to propagate any such content or materials;
(d) the right to access a Client’s Account in order to respond to his requests for technical support so long as we maintain reasonably appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of the Client’s data; and
(e) the right to terminate, without notice, a Client’s Account and delete any associated data if the account has been inactive or disabled for ninety (90) days or more.
11. How much does it cost to use the Services?
11.1 At present the Platform is free for a Client to use. This may be changed by Galamorous updating these Terms from time to time.
11.2 The Services are priced and determined in the sole and absolute discretion of the Galamorous (the “Treatment Fee”). Payment for purchases of Services is made through the Platform’s payment service provider (as further detailed in Paragraph 11.3), or via direct bank transfer from the Client to the Therapist’s elected bank account. Payment for any Cancellation Fee shall also be in accordance with this Paragraph 11.
11.3 Payments for Services are processed through the Platform by Galamorous’ payment service provider (the “PSP”). The PSP has a valid PCI compliance certificate and all payment data shall be stored and held by the PSP in accordance with its terms which can be viewed here: [https://stripe.com/gb/privacy] (the “PSP Terms”). The PSP acts independently to Galamorous and Galamorous accepts no liability for any loss or damages caused by a Client using the PSP, or by a Client sending a direct bank transfer. Please read through the PSP Terms carefully as each Client making payment via the PSP will be bound to these PSP Terms.
12. How does Galamorous use your personal data?
12.1 The Client owns all data input into the Platform (“Client Data”) and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Client Data. However, on submitting or uploading any Client Data to the Platform, each Client grants Galamorous a non-exclusive licence to use, reproduce, distribute, prepare derivative works of, display and transmit such Client Data as is necessary to enable Galamorous to perform the Services.
12.2 Clients authorise Galamorous to disclose Client Data to the Therapist in order Galamorous to provide the Services.
12.3 Galamorous undertakes to comply with all applicable laws (including UK and European data protection laws) when making use of Client Data. By disclosing Client Data, the Client to whom it relates acknowledges and agrees that Galamorous shall not be liable for any unethical or unlawful activity by a Therapist in respect of that Client Data.
12.4 Information uploaded by any Client is uploaded in that Client’s sole and absolute discretion. Galamorous does not check any information or take any step to verify the accuracy of any information uploaded and/or transmitted through the Platform. Galamorous gives no representation or warranty relating to the accuracy, appropriateness or legality of any information or content provided by a Therapist whether through the Platform or otherwise.
12.5 Each Client acknowledges and agrees that Galamorous shall be entitled to remove (or make private) any Client Data without notice and without giving any reason. Further, each Client acknowledges and agrees that Galamorous may be required to provide information about the origin of any unlawful content published and/or the occurrence of any unlawful activity occurring on the Platform to any police or judicial authority in any country in which such content has been viewed and is illegal and each Client hereby irrevocably authorises us to provide such information to such persons (on request or in our discretion) without consulting or informing the relevant Client.
12.6 Each Client acknowledges and agrees that he is solely responsible for Client Data uploaded by him and for the consequences of submitting and publishing any Client Data on the Platform. Galamorous will not be responsible, or liable to any person, for the Client Data or accuracy of any Client Data posted by the Client or any other user of the Platform or displayed through or accessible via the Platform.
(a) the Client acknowledges and agrees that the Personal Data may be transferred or stored outside the EEA where necessary for Galamorous to carry out the Services and other obligations under these Terms and Conditions. Furthermore, where a Recipient is located outside of the EEA at the point in time that he accesses or reads a Message, any Personal Data associated with that Message may be processed by the Recipient outside of the EEA; and
(b) Galamorous shall process the Personal Data only in accordance with these Terms and Conditions and any lawful instructions reasonably given by the User from time to time.
12.9 Clients affirm and agree that Client Data submitted through, or otherwise provided to, Galamorous shall:
(b) be processed by or otherwise shared with those third parties permitted by Galamorous to access its application processing interface (‘API’).
12.10 If a Client chooses, or is provided with, a user identification code, password or any other piece of information as part of Galamorous’ security procedures, the Client must treat such information as confidential. A Client must not disclose such information to any third party. A Client must also manage access to any third party accounts used by them (including without limitation their email provider) appropriately and in compliance with the terms of service of each such third party account. Galamorous accepts no liability for any unauthorised access to any Client’s account with Galamorous or account with any third party save for where the access occurred as a result of the gross negligence of Galamorous.
13. Who owns the Platform?
13.1 Galamorous and/or its licensor(s) are the sole owners of the Platform, which includes any software, domains, and content made available through the Platform. The Platform is protected by UK and International copyright and other intellectual property laws. All such rights are reserved.
13.2 Galamorous permits each Client to use the Platform for his own personal and/or commercial use subject to these Terms and Conditions and Galamorous grants each Client a limited and non-transferable licence solely for that purpose.
13.3 Without limitation, this means that a Client may not sell, export, license, modify, copy, distribute or transmit the Platform (or any part of it) without Galamorous’ prior express written consent.
13.4 Any unauthorised use of the Platform may result in the termination of the limited licence granted by Galamorous. Galamorous reserves the right to terminate the limited licence in respect of a Client without notice at any time following any alleged unauthorised use by that Client of the Platform.
13.5 Galamorous and its graphics, logos, icons and service names related to the Platform are registered and unregistered trademarks or trade dress of Galamorous. They may not be used without Galamorous’ prior express written permission.
13.6 All other trademarks not owned by Galamorous that appear in connection with the Platform are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Galamorous. Galamorous accepts no liability for any unauthorised use of any trademarks by Clients or third parties.
14. What security measures does Galamorous have in place?
14.1 Whilst Galamorous has implemented commercially reasonable technical and organisational measures to secure Clients’ personal information and Client Data from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. Galamorous accepts no liability for any losses associated with any unauthorised use.
14.2 Each Client acknowledges that he provides personal information and Client Data at his own risk.
14.3 By downloading, using and/or accessing in any way the Platform and/or material provided through the Platform, each Client consents to receiving electronic communications and notices from Galamorous.
14.4 Each Client agrees that any notice, agreement, disclosure or other communications that Galamorous sends to him electronically will satisfy any legal communication requirements, including that such communications be in writing.
14.6 Each Client agrees that Galamorous is free to use any comments, information or ideas contained in any communication a Client may send to Galamorous without compensation, acknowledgement or payment to the Client for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or Platform or other products or services. For the avoidance of doubt, all such information will be deemed by Galamorous to be non-confidential and non-proprietary, and each Client agrees that such information may be used by us without any limitation whatsoever.
15. What is Galamorous not liable for?
15.1 Galamorous does not warrant that the Client’s use of the Platform and/or the Services will be uninterrupted or error-free, or that the Services and/or the information obtained by the Client through the Services will meet the Client’s requirements.
15.2 Galamorous is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Client acknowledges that the Platform and/or the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
15.3 Galamorous is not responsible or liable for any death, personal injury, ache, ill-advice or pain caused by Therapists or Clients during appointments or as a result of communication on the Platform. The Client responsible for such death, personal injury, ache, ill-advice or pain shall be liable for any compensation sought from the affected Client.
15.4 Galamorous is not responsible for any cancellations, Late Cancellations, Very Late Cancellations or non-attendance of a Booking whether by the Therapist or the Client.
15.5 Whilst Galamorous assesses Therapists who wish to provide Services, Galamorous does not guarantee or warrant, and makes no representations regarding the reliability, quality or suitability of Therapists. Accordingly, the Client acknowledges and agrees that Galamorous does not have any obligation to conduct any background checks on any Therapist and has no obligation in respect of any Service or Product they may provide.
15.6 The business of Galamorous is the provision of the Services. Any matter discussed through the arrangement of a phone call as a result of sending and responding to a Direct Message subsequent to the provision of the Services by Galamorous will be subject to a separate agreement between those parties and will be governed by the terms therein. Galamorous shall have no liability with respect to any agreement agreed between a given Client and Therapist.
16. How has Galamorous limited its liability?
16.1 Galamorous does not seek to exclude its liability for death or personal injury arising from its own negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
16.2 To the extent permitted by law, Galamorous excludes all conditions, warranties, representations or other terms which may apply to the Services, the Platform or any content on it, whether express or implied.
16.3 Galamorous’ total liability in all cases is limited to the amount a Client has paid to Galamorous during the period of 12 months prior to the date the alleged incident is made against Galamorous or £100.00, whichever is smaller.
16.4 Galamorous, its shareholders, directors, officers, employees or agents will not be liable (jointly or severally) to any Client for:
(a) any personal injury caused by a Therapist or as a result of advice given by a Therapist;
(b) any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, the Platform; or
(ii) use of or reliance on any content displayed on the Platform.
(c) loss of profits, sales, business, or revenue;
(d) business interruption;
(e) loss of anticipated savings;
(f) loss of business opportunity, goodwill or reputation;
(g) any indirect or consequential loss or damage; or
(h) any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect any Client’s computer equipment, computer programmes, data or other proprietary material due to such Client’s use of the or to such Client downloading of any content on it, or on any website linked to it.
17. If I breach these Terms and Conditions, will I be liable for any consequential losses suffered by Galamorous?
17.1 Each Client agrees to indemnify and hold Galamorous, its shareholders, directors, officers, employees, agents and partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of his use of the Services and/or Platform or his violation of any law or the rights of any third party.
18. And the legal stuff…
18.1 Galamorous may change or discontinue the Services and/or Platform at any time without prior notice. Galamorous reserves the right to terminate these Terms and Conditions for any reason, without notice. In the event of any termination, the Client will immediately cease to be able to use the Services and Platform and will lose any Bookings on the Platform.
18.2 These Terms and Conditions are agreed between the Client and Galamorous. No other person shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
18.3 If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law and interpreted in a manner that is consistent with the commercial interests of the parties.
18.4 Galamorous’ failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve a Client from the obligation to comply with such provision.
18.5 No Client is permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of any Client’s rights under these Terms and Conditions without our prior express written consent. Galamorous may assign, transfer, charge, sub-contract or deal in any other manner with all or any its rights under these Terms and Conditions.
18.6 These Terms and Conditions set forth the entire understanding and agreement between each Client and Galamorous with respect to the subject matter hereof.
18.7 These Terms and Conditions, their subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
18.8 Notices shall be served by Galamorous to the email address attributable to the Client at the time that the notice is served.
18.9 Notices may only be served to Galamorous at the following address: 57 Crownstone Court, Crownstone Road, London, United Kingdom, SW2 1LT and will deemed to have been received;
(a) if delivered by hand, at the time proof is obtained that the notice was left at the address or given to the addressee; or
(b) in the case of pre-paid first-class UK post or the other next working day delivery service, at 9:00 am on the second day after posting or at the time recorded by the delivery service.