Walking on Earth’s Terms & Conditions
Please read these Terms & Conditions ("Our Terms") carefully before using our Website or our Apps and before booking any third-party services operated by Walking on Earth Ltd (“Walking on Earth”, “we”, “us” or “our”).
Your access to and use of our Website and our Apps is conditioned upon your acceptance and compliance with these terms and conditions together with any additional terms and policies referred to in them (“Our Terms”).
Last updated: 21st September, 2022
Walking on Earth is a private limited company registered in England and Wales with company No. 12433843 whose registered office is located at the following address: 24 Holborn Viaduct, London, EC1A 2BN, United Kingdom.
Thank you for using Walking on Earth. Our Terms constitute a legally binding agreement between you and Walking on Earth Ltd, governing your use of our website and our App (collectively “Our Site”) and the Services. By using Our Site, Our App or the Services, you agree to comply with Our Terms.
Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through Walking on Earth for any Service.
Our Terms refer to the following additional terms, which also apply to your use of Our Site:
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of Our Site. When using Our Site, you must comply with this Acceptable Use Policy.
The Walking on Earth website and app is a wellness platform that enables you to participate in, book and purchase holistic wellbeing services online, in your home, or office (“Services”). The Services are performed in every case by independent self-employed professionals (“Practitioners”). In providing the Services, Walking on Earth acts as the agent of the Practitioners. Walking on Earth has no responsibility for any Services which you book through us: we are simply involved with the booking process, as well as providing ancillary services as explained below.
The Services we offer allow you to search through Our Site and purchase Services from a number of Practitioners. In enabling you to purchase Services through Our Site, we are acting as the commercial agent of those Practitioners. As part of the Services, we also provide some ancillary services such as assisting with customer service issues (again in our capacity as agent for the Practitioners).
When booking a Service through Our Site, you are entering into a contract directly with the Practitioner. You will be provided with and asked to confirm your acceptance to the Practitioner’s Terms when making a booking through us. Walking on Earth is not and does not become a party to any contractual relationship between you and the Practitioner. The Practitioner's Terms will solely be between you and the Practitioner who provides you with your Professional Service. The Practitioner is legally responsible for providing the Professional Service to you. Walking on Earth remains responsible in respect of its obligations to you in accordance with Our Terms which shall be legally binding. If you have any questions, complaints or requests for refunds, we can be contacted directly at email@example.com. Walking on Earth will remain the point of contact for you for customer service questions.
Walking on Earth shall, if requested, provide intermediary services between you and a Practitioner in connection with customer service or dispute resolution matters.
This Site and the Services are only targeted to, and intended for use by, individuals located in (each, a Permitted Territory). By continuing to access, view or make use of this and Services you hereby warrant and represent to us that you are located in a Permitted Territory.
We may transfer our rights and obligations under Our Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
In order to access and use Our Site and become a registered user (“User), you must be an individual at least 18 years old. For any corporate bookings or purchases, please contact us at firstname.lastname@example.org.
Any personal information that you provide to us in the course of becoming a User or after registration will be held and used in accordance with any consent contained from you and the terms of our Privacy and Cookies Policies.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
How we may use your personal information
TERMINATION OF ACCOUNTS
We may terminate or suspend your account and bar access to the Site and / or Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Our Terms. If you wish to terminate your account, you may simply discontinue using the Service. You are solely responsible for any payment methods in place at the time of the cancellation ie. Subscription. Walking on Earth Ltd and its licensee and licensor, and their employees, contractors, agents, officers and directors are not responsible for any charges, fees or payments that may incur as a result of not properly cancelling the service. All provisions of Our Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can use Our Site to review Services, check availability and make a booking with a Practitioner.
Your payment details will be requested at the time of booking and payment will be collected when you make a booking unless your company has subsidised your bookings. Full payment of the Fee is due at the time of booking the Service with the Practitioner through us. By making a booking, you are accepting Our Terms, the Practitioner’s Terms and the cancellation policy where appropriate.
The Fee belongs to the Practitioner who provides the Service. Walking on Earth, as the Practitioner's agent, collects or arranges for a third party to collect on our behalf, the Fee from you. Our receipt of the full Fee will discharge your debt to the relevant Practitioner in respect of that booking.
We are appointed by Practitioners to conclude bookings on their behalf as their commercial agent. Once your booking is accepted by us on behalf of the Practitioner, you will receive confirmation of your appointment from us by email.
By making a booking, you are responsible for:
- Full payment of the applicable Fee;
- Providing complete and accurate information;
- Ensuring the Practitioner has access to your Designated Location which must, in all cases, represent a suitable space in which the Service can be performed, with all appropriate facilities; and
- Ensuring the health and safety of the Practitioner whilst at your Designated Location.
Failure to provide this information may result in a rejection of your booking request, cancellation of your booking, an inability of the booked Practitioner to provide the Service as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation.
All Fees are payable through Our Site. We collect or arrange collection of payment of Fees on behalf of the Practitioner. In each case, our receipt of your payment as agent for the Practitioner discharges your debt to that Practitioner for the amount paid. All fees and charges are inclusive of VAT.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Service is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of Walking on Earth, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via Verified by Visa where applicable. By making a booking or purchase you agree to provide complete, correct and true information including without limitation billing and payment information.
The price of Services varies according to the type and duration of the Service and the location you have designated for the Service to be provided to you by the Practitioner (“Designated Location”). Prices are set from time to time and the Price you will be required to pay for a specific Service will be determined by reference to the price of Services in force at the date when that Service is booked.
Full details of price of Services are set out in Our Site. Prices are liable to change at any time, but changes will not affect any booking which you have already made.
BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS
You acknowledge that you do not have any statutory right to cancel a booking made for a Service. However, you have a contractual entitlement to cancel any booking you have made with a Practitioner through us in the following circumstances and on the described terms. If you change your mind about your booking prior to the agreed booking start time in that booking (“Booking Time”) then the Practitioner will be willing to treat your booking as cancelled if you cancel your booking via Our Site at least twenty-four (24) hours prior to the Booking Time. Walking on Earth will refund the amount of the total Fee in accordingly
If your cancellation of a booking is within twenty-four (24) hours of the Booking Time then we will be entitled to retain (or charge) all of the total Fee.
You will also be charged the total Fee if you:
- Cancel a booking other than as permitted above;
- Attempt to cancel a booking on or after the Booking Time; or
- Fail to attend a booking at the Booking Time and/or at the Designated Location.
A cancellation fee is charged in order to compensate the Practitioner because it is not reasonable to expect the Practitioner to be able to provide a Service at another booking where you cancel with short or no notice.
Cancellation fees may in our absolute discretion be waived where you have been unable to cancel a booking without incurring the cancellation fee for genuine reasons which were outside of your control. Where cancellation fees are waived by us, we act as agent of the Practitioner who is the principal in supplying the Professional Service.
In the event that Walking on Earth cancels a class, you will be notified by phone or in writing as soon as it is practical under the circumstances. In such case, you would be entitled to a full refund, less any merchandise (including shipping and handling charges) you may choose to keep. Under no circumstances will Walking on Earth be liable for reimbursement of expenses incurred by you, if Walking on Earth notifies you or makes every reasonable effort in good faith to notify you prior to the date of the class or training. Notwithstanding the foregoing, if Walking on Earth cancels or postpones a class or training due to inclement weather, force of nature or any act of God, Walking on Earth reserves the right to reschedule another similar class or training at the original location or a convenient venue closest to the original location, within twelve months from the date of such cancellation or postponement. No refund will be due, and Walking on Earth will not be liable for any loss resulting from such cancellation or postponement.
If you are delayed and unable to start the Service at the Booking Time by more than 10 minutes then, unless the Practitioner agrees to the contrary (which is within the sole discretion of the Practitioner) the Practitioner is entitled to end the Service at the time agreed when the booking was made without making any adjustment to the Price to reflect the reduced time of the Service.
All Intellectual Property Rights created by or on behalf of Walking on Earth in the course of performing the Services shall vest absolutely and exclusively with Walking on Earth or its licensors. Walking on Earth and its licensors shall retain ownership of all Intellectual Property Rights contained in any materials provided to the Customer including but not limited to trademarks, newsletters, journals, the App and the Content therein ("WoE IPRs").
We grant a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence to use WoE IPRs for the sole purpose of receiving and using the Site and Services and should not be distributed to any persons.
In the event that you provide us with any materials, suggestions or ideas regarding Our Site or Services or upload or post any content to Our Site, you will grant us an exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty free, transferrable, sublicensable license to use such materials, suggestions, content, posts or ideas in any way, including creation of derivative works.
How you may use material on Our Site
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of Our Site in breach of Our Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You agree to defend and indemnify us from and against any loss, damage, liability, costs or expenses including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of Our Site or Services and otherwise from your violation of Our Terms.
If you choose to use Our Site, you do so voluntarily and at your own risk. Whilst Walking on Earth assesses Practitioners who wish to provide Professional Services, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Practitioners. This is entirely a matter for you. Accordingly, you acknowledge and agree that Walking on Earth does not have any obligation to conduct any background checks on any Practitioner and have no obligation in respect of any service they may provide.
We are not liable or responsible for the fulfilment of any booking or the performance of the Practitioner. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Practitioner or any Services, however we do try to assist by providing the intermediary services around resolving disputes and complaints as mentioned above.
LIMITATION OF LIABILITY
Risk in the Services. You understand that there are certain inherent risks and dangers in carrying out the Services. By accepting the Services, you acknowledge and agree that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and specifically acknowledge that you will assume the risk or injury or harm.
Consult with Physicians. It is your responsibility to consult with your physicians or other health care professionals prior to attending or participating in a Service and to determine if and how participating is appropriate for you.
Reliance on the Services. You understand that our Services are designed for informational, education and entertainment purposes only. Nothing stated or posted or otherwise available through any aspect of the Services is intended to be, and must not be taken to be, the practice of medical, professional or counselling care. You should not rely on any information provided in the Services as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. The use of any content, recommendations and information provided in connection with the Services is solely at your own risk.
Limitation of Liability We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Domestic and Private Use Only. Please note that we only provide Our Site for domestic and private use. You agree not to use Our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Defective Digital Content. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Availability of Services. Whilst we make every effort to ensure that the Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of the Services. We reserve the right to suspend or cease the operation of all or part of the Services and / or the Site from time to time at our sole discretion.
Exclusion of Warranties and Representations. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from Our Terms, except as expressly stated herein or required by applicable law, we make no representations or warranties, express or implied, regarding the Services or our Site and all aspects of the Services and/or content or features made available to you are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind either express or implied.
The Services are for your use and must only be used for the purposes of making bookings for Services as expressly described above. You must not use the Services to do any of the following:
- Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
- Restrict or inhibit any other user from using the Services;
- Infringe the privacy rights, property rights, or other civil rights of any person;
- Harass, abuse, threaten or otherwise infringe or violate the rights of Practitioners, Walking on Earth (including its employees and personnel) or others;
- Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
- Use technology or other means to access our computer network, unauthorised content or non-public spaces;
- Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Services, Our Site’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
- Engage in or encourage others to engage in criminal or unlawful conduct or breach Our Terms including misuse of the Services for unlawful or unauthorised purposes.
You agree not to breach Our Terms in any way which may result in, among other things, termination or suspension of your access to the Services.
You must only use Our Site in accordance with our Acceptable Use Policy.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Our Site or the Services. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall apply insofar as we are able to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Walking on Earth Ltd. Walking on Earth Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Walking on Earth Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not (i) establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (ii) establish a link to Our site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of Our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on Our Site other than that set out above, please contact email@example.com.
We are not responsible for viruses and you must not introduce them.
We do not guarantee that Our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
We may from time to time create and offer promotional codes and referral codes (together “Codes”) that can be redeemed against purchases of Professional Services. Codes will only be valid for a period of time stated on or with them.
Codes do not have any cash value. Codes may:
(1) only be used for personal and non-commercial purposes. You can share your unique code with your personal connections via social media where you are the primary content owner. Codes may not be duplicated, sold, transferred, distributed or made available to others online (including through public sites such as coupon sites) or by other means; (2) not be promoted in any way including via a search engine; (3) not be exchanged for cash; and (4) may be subject to specific terms which will be made available by us including but not limited to expiration / use by date as stated on the promotion and must only be used in accordance with those terms.
We reserve the right, at our sole discretion, to modify or replace Our Terms and any terms resulting in the way Walking on Earth operates and functions at any time and any such modification to Our Terms shall be effective upon its posting on this website and or update.
By continuing to access or use our Service, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
We may update and change Our Site from time to time to reflect changes to our Services, our Users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
GOVERNING LAW AND JURISDICTION
You agree that Our Terms shall be governed by and construed in accordance with English law and, save as referred to below, to submit to the exclusive jurisdiction of the English courts.
If you are incorporated under the laws of any state within the USA, you agree that any dispute or claim arising out of or in connection with Our Terms or its subject matter or formation shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration. It is agreed that the tribunal shall consist of one arbitrator, the place of arbitration shall be London, England and the language of the arbitration shall be English.
If you have any questions about Our Terms or any other enquiries, please contact us at firstname.lastname@example.org.