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: 22nd October 2020

 

BACKGROUND

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 SERVICES

The Walking on Earth website and app is a wellness platform that enables you to 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 support@walkingonearth.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.

USERS

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 support@walkingonearth.com.

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.

ACCOUNTS

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.

TERMINATION OF ACCOUNTS

We may terminate or suspend your account and bar access to the Service 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 the 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 the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

BOOKINGS

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 and 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.

PAYMENT

All Fees and 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 consequential 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.

INTELLECTUAL PROPERTY

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 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 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, you will grant us an exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty free, transferrable, sublicensable license to use such materials, suggestions or ideas in any way, including creation of derivative works.

INDEMNITY

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.

DISCLAIMER

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

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.

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.

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.

We are not liable whether in tort (including for negligence or breath of statutory duty) contract, misrepresentation, restitution or otherwise for any:

  •   Injury, loss, claim or damage, which arises out of or is in any way connected with your use of the Service or the actions of the Practitioner;
  •   Loss of profits;
  •   Loss of sales or business;
  •   Loss of agreements or contracts;
  •   Loss of anticipated savings;
  •   Loss of use or corruption of software, data or information;
  •   Loss of or damage to goodwill; and
  •   Punitive, indirect or consequential loss, costs, damages, charges or expenses;

In each case, even if we were made aware of the circumstances in which such losses, costs or damages might arise.

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 from time to time at our sole discretion.

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 this agreement, 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.

PROHIBITED USE

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 Our Site or 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.

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.

PROMO CODES

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.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms and any terms resulting in the way Walking on Earth operates and functions at any time and any such modification to these 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.

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.

CONTACT

If you have any questions about these Terms or any other enquiries, please contact us at support@walkingonearth.com.

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