Terms of website use
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.shaktitouch.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you are required to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Shakti Touch Limited (Company).
INTRODUCTION
You may access most areas of this Website without registering your details
with us. Certain areas of this Website may only open to you if you
register.
By accessing any part of this Website, you shall be deemed to have accepted
this legal notice in full. If you do not accept this legal notice in
full, you must leave this Website immediately.
The Company may revise this legal notice at any time by updating this
posting. You should check this Website from time to time to review the
current legal notice, because it is binding on you. Certain provisions
of this legal notice may be superseded by expressly designated legal
notices or terms located on particular pages at this Website.
LICENCE
You are permitted to print and download extracts from this Website for
your own use on the following basis:
no documents or related graphics on this Website are modified in any
way;
no graphics on this Website are used separately from accompanying text;
and
you comply at all times with the Company's copyright, trade mark and
other intellectual property notices and these terms of use.
Unless otherwise expressly stated, the copyright and other intellectual
property rights in all materials on this Website (including without limitation
photographs and graphical images) are owned by the Company or its licensors.
For the purposes of this legal notice, any use of extracts from this
Website other than in accordance with paragraph REF "a245572" \h
\w 2.1 above for any purpose is prohibited. If you breach any of the
terms in this legal notice, without prejudice to our other rights at
law or in equity your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed extracts from
this Website.
Subject to paragraph REF "a245572" \h \w 2.1, no part of this
Website may be reproduced or stored in any other website or included
in any public or private electronic retrieval system or service without
the Company's prior written permission.
Any rights not expressly granted in these terms are reserved.
SERVICE ACCESS
While the Company endeavours to ensure that this Website is available
24 hours a day, the Company shall not be liable if for any reason this
Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or for reasons beyond
the Company's control.
VISITOR MATERIAL AND CONDUCT
Other than personally identifiable information, which is governed by
the Company’s Privacy Policy, any material you transmit
or post to this Website shall be considered non-confidential and non-proprietary.
The Company shall have no obligations with respect to such material.
The Company and its designees shall be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data, images, sounds,
text and other things embodied therein for any and all commercial or
non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website
any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence,
in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals;
or
which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the
law of or infringe the rights of any third party, in the UK or any other
country in the world; or
which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
You must not misuse the Website (including, without limitation, by hacking).
The Company shall fully co-operate with any law enforcement authorities
or court order requesting or directing the Company to disclose the identity
or locate anyone posting any material in breach of paragraph REF "a407739" \h
\w 4.2 or paragraph REF "a589321" \h \w 4.3.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for
your convenience. If you use these links, you leave this Website. The
Company has not reviewed such third party websites and does not control
and is not responsible for these websites or their content or availability.
The Company therefore does not endorse or make any representations
about them, or any material found there, or any results that may be
obtained from using them. If you decide to access any of the third
party websites linked to this Website, you do so entirely at your own
risk.
If you would like to link to this Website, you may only do so on the
basis that you link to, but do not replicate, the home page of this Website,
and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance
of the Shakti Touch Limited logo;
you do not create a frame or any other browser or border environment
around this Website;
you do not in any way imply that the Company is endorsing any products
or services other than its own;
you do not misrepresent your relationship with the Company nor present
any other false information about the Company;
you do not otherwise use any Shakti Touch Limited trade marks displayed
on this Website without express written permission from the Company;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive
or controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all applicable
laws and regulations.
The Company expressly reserves the right to revoke the right granted
in paragraph 5.2 above for breach of any these terms and to take any
action it deems appropriate.
You shall fully indemnify the Company for any loss or damage suffered
by the Company for breach of these terms.
REGISTRATION
Each registration is for a single user only. The Company does not permit
you to share your user name and password with any other person nor
with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
DISCLAIMER
While the Company endeavours to ensure that the information on this Website
is correct, the Company does not warrant the accuracy and completeness
of the material on this Website. The Company may make changes to the
material on this Website, or to the products and prices described in
it, at any time without notice. The material on this Website may be
out of date, and the Company makes no commitment to update such material.
The material on this Website is provided "as is", without any
conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, the Company provides you with this Website
on the basis that the Company excludes all representations, warranties,
conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use
of reasonable care and skill) which but for this legal notice might have
effect in relation to this Website.
LIABILITY
The Company, any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and the officers, directors,
employees, shareholders or agents of any of it, exclude all liability
and responsibility for any amount or kind of loss or damage that may
result to you or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any loss of
income, profits, goodwill, data, contracts, use of money, or loss or
damages arising from or connected in any way to business interruption,
and whether in tort (including without limitation negligence), contract
or otherwise) in any way or in connection with:
this Website;
the use, inability to use or the results of use of this Website;
any websites linked to this Website or the material on such websites;
your downloading of any material from this Website or any websites linked
to this Website; or
viruses that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this Website.
Nothing in this legal notice shall exclude or limit the Company's liability
for:
death or personal injury caused by negligence (as such term is defined
by the Unfair Contract Terms Act 1977); or
fraud; or
misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
thereof.
GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with
English law. Disputes arising in connection with this legal notice
shall be subject to the exclusive jurisdiction of the English courts.
Terms and conditions of sale
This page (together with the documents referred to or incorporated
in it) tells you the terms and conditions on which we supply any of the
massage, beauty and other services (Services) listed on our website,
www.shaktitouch.co.uk (our site) to you. Please read these terms and
conditions carefully before ordering any Services from our site.
You should understand that by ordering any of our Services, you agree
to be bound by these terms and conditions. Please print a copy of these
terms and conditions and keep in a safe place for future reference. Alternatively,
a copy of the terms will be provided to you by our consultant prior to
the performance of the Services.
Please understand that if you refuse to accept these terms and conditions,
you will not be able to order any Services from our site.
INFORMATION ABOUT US
www.shaktitouch.co.uk is a site operated by Shakti Touch Limited (we
or us). We are registered in England and Wales under company number
06387642 and with our registered office at No 1, 188 Great Titchfield
Street, London, W1W 5BG.
We are data protection registered and comply with the Data Protection
Act 1998. You agree that we may submit your name, address and payment
record to a credit reference agency and we may process personal data
in connection with the services in accordance with our Privacy Policy
which is expressly incorporated into this contract.
While we endeavour to ensure that our site is normally available 24 hours
a day, the Company shall not be liable if for any reason our site is
unavailable at any time or for any period. Access to our site may be
suspended temporarily and without notice in the case of system failure,
maintenance, repair or for reasons beyond our control.
SERVICE AVAILABILITY
We are only able to provide our services to people located in the United
Kingdom. Please enquiry at the time of ordering the Services.
YOUR STATUS
By placing an order with us, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old and you will provide clear and correct
contact details;
You will behave in a proper and decent manner towards our consultants
and
You will answer in a truthful, honest and acceptable manner all the pre-screening
health questions asked by our consultants You acknowledge and accept
that certain Services may not be available to You due to your health
status.
A breach of the above warranty (and in particular of 3 (c)), without
prejudice to any other rights and remedies that we may have, will entitle
us and our consultants to terminate immediately the performance of the
Services and you will still be liable for the fees in full.
OUR STATUS
We may also provide links on our site to the websites of other companies,
whether affiliated with us or not. We cannot give any undertaking,
that products you purchase from third party sellers through our site,
or from companies to whose website we have provided a link on our site,
will be of satisfactory quality, and any such warranties are DISCLAIMED
by us absolutely. This DISCLAIMER does not affect your statutory rights
against the third party seller. We will notify you when a third party
is involved in a transaction, and we may disclose your customer information
related to that transaction to the third party.
CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel an order for Services
at any time within seven working days, beginning on the day after you
placed the order unless the Services have already been performed or
you decide to cancel 24 hours prior to the performance of the Services
in which case the full fee is payable and if paid is not refundable.
In the case that you cancel your order, you will receive a full refund
of the price paid for the Service in accordance with our refunds policy
(set out in clause 8 below).
To cancel a Contract, you must inform us in writing (including email)
in accordance with the provisions of clause 11 below.
This provision does not affect your statutory rights.
PRICE AND PAYMENT
The price of any Services will be confirmed to you at the time of booking. If required, a confirmation email will be sent to you.
Please note that in case the
consultant is required to wait for more than 15 minutes charges shall
be levied for waiting time. Please enquire at the time of booking or
ordering the Services.
These prices include VAT.
Prices are liable to change at any time, but changes will not affect orders already confirmed.
Unless otherwise agreed, payment for all Products must be cash (up to
a maximum of £250.00), credit or debit card. We accept payment with major
credit cards. Please enquire for details. We will not charge your credit
or debit card until we send you an Order Confirmation.
OUR REFUNDS POLICY
Cancellations received up to 2 hours before an appointment are refundable in full.
Cancellations received between 1 and 2 hours are subject to 50% payment.
Cancellations received less than 1 hour before an appointment are payable in full.
We will usually refund any money received from you using the same method originally used by you to pay for your Service.
For corporate events, the following terms apply:
When you cancel a non-performed Service with us:
because you have cancelled the Contract between us within the seven-day
cooling-off period (see clause 6.1), we will process the refund due to
you as soon as possible and, in any case, within 30 days of the day you
have given notice of your cancellation. In this case, we will refund
the price of the Service in full;
within 24 hours of the appointment the order will still be charged in
full and will be non-refundable
if we do not carry out the Services (or part of the Services) due to
your responses to the pre-screening health questionnaire an administration
charge shall apply.
We will usually refund any money received from you using the same method
originally used by you to pay for your purchase.
OUR LIABILITY
Subject to the provisions of clauses 9.2 and 9.3 below, our liability
for losses you suffer as a result of us breaching our obligations under
this Contract is strictly limited to the order price of the Service
you purchased.
We do not exclude or limit in any way our liability:
for death or personal injury caused by our negligence;
pursuant to section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt
to exclude, our liability.
We are not liable for loss of income or revenue, loss of business, loss
of profits or contracts, loss of anticipated savings, loss of data, waste
of management or office time however arising and whether caused by tort
(including negligence), breach of contract or otherwise.
Your rights under this Contract are in addition to the statutory terms
implied in your favour by the Supply of Goods and Services Act 1982 and
any other applicable statute in force at the time of your order.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications
we send to you should be in writing. When using our site, you accept
that communication with us will be mainly electronic. We will contact
you by e-mail or provide you with information by posting notices on
our website. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you electronically
comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
NOTICES
All notices given by you to us must be given to Shakti Touch Limited
at No 1, 188 Great Titchfield Street, London, W1W 5BG OR to info@shaktitouch.co.uk.
We may give notice to you at either the e-mail or postal address you
provide to us when placing an order, or in any of the ways specified
in clause 10 above. Notice will be deemed received and properly served
immediately when posted on our website, 24 hours after an e-mail is
sent, or three days after the date of posting of any letter. In proving
the service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and placed
in the post and, in the case of an e-mail, that such e-mail was sent
to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective
successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract,
or any of your rights or obligations arising under it, without our prior
written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of
a Contract, or any of our rights or obligations arising under it, at
any time during the term of the Contract and you hereby acknowledge and
accept this.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under a Contract that is
caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, omission or accident beyond
our reasonable control and includes in particular (without limitation)
the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport
or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Unavailability of the internet and other communication systems.
Our performance under any Contract is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an extension
of time for performance for the duration of that period. We will use
our reasonable endeavours to bring the Force Majeure Event to a close
or to find a solution by which our obligations under the Contract may
be performed despite the Force Majeure Event and suspension of performance
of this contract shall not be for any longer than seven working days.
. If the delay endures for a longer period then we may cancel the contract
and return any fees paid to you without any liability whatsoever.
WAIVER
If we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under the Contract or
any of these terms and conditions, or if we fail to exercise any of
the rights or remedies to which we are entitled under the Contract,
this shall not constitute a waiver of such rights or remedies and shall
not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent
default.
No waiver by us of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to you
in writing in accordance with clause 11 above.
SEVERABILITY
If any of the provisions of the Contract are determined by any competent
authority to be invalid, unlawful or unenforceable to any extent, such
term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any documents expressly referred to in
them represent the entire agreement between us in relation to the subject
matter of any Contract and supersede any prior agreement, understanding
or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us
has relied on any representation, undertaking or promise given by the
other or be implied from anything said or written in negotiations between
us prior to such Contract except as expressly stated in these terms and
conditions.
Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date of
any Contract (unless such untrue statement was made fraudulently) and
the other party's only remedy shall be for breach of contract as provided
in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from
time to time to reflect changes in market conditions affecting our
business, changes in technology, changes in payment methods, changes
in relevant laws and regulatory requirements and changes in our system's
capabilities.
You will be subject to the policies and terms and conditions in force
at the time that you order products from us, unless any change to those
policies or these terms and conditions is required to be made by law
or governmental authority (in which case it will apply to orders previously
placed by you), or if we notify you of the change to those policies or
these terms and conditions before we send you the Order Confirmation
(in which case we have the right to assume that you have accepted the
change to the terms and conditions, unless you notify us to the contrary
within seven working days of receipt by you of placing your order).
RIGHTS OF THIRD PARTIES
This Contract is made for the benefit of the parties to it and (where
applicable) their successors and permitted assigns and is not intended
to benefit, or be enforceable by, anyone else.
LAW AND JURISDICTION
Contracts for the supply of Services through our site will be governed
by English law. Any dispute arising from, or related to, such Contracts
shall be subject to the exclusive jurisdiction of the English courts.