1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Edilma Therapy, located at 93 Grand Parade, First Floor. Centre Cork, Cork, T12 KDT8 Ireland (we, us), concerning your access to and use of the Edilma Therapy (https://www.edilmatherapy.com) website as well as any related applications (the Site).
The Site provides the following services: Booking setup for treatments on Edilma Therapy premises, Gift cards and coupon vouchers, beauty and wellness products. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of thee Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
1.5 Our site is directed to people residing in Ireland or people that intend to travel to Ireland. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
● Our Privacy Notice https://www.edilmatherapy.com/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
● Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
● Use the Site to advertise or sell goods and services
● Use a buying agent or purchasing agent to make purchases on the Site
● Engage in unauthorized framing of or linking to the Site
● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
● Attempt to impersonate another user or person, or use the username of another user
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
● Delete the copyright or other proprietary rights notice from any of the content
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
● Advertise products or services not intended by us
● Threaten users with negative feedback or offering services solely to give positive feedback to users
● Use the Site in a manner inconsistent with any applicable laws or regulations
● Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Our content
3.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.
3.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
3.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
3.5 We shall (a) prepare the Site and Our Content with reasonable skill and care, and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.
3.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
3.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
4. Site Management
4.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
4.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
4.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
5. Modifications to and availability of the Site
5.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
5.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
5.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
6. Disclaimer/Limitation of Liability
6.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
6.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● 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.
● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
If you are a business user:
We will not be liable to you for 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:
● use of, or inability to use, our Site/Services; or
● use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.
If you are a consumer user:
● 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.
● 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.
● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
7. Term and Termination
7.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org.
7.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.
7.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9.1 If you have to cancel your booking, we request at least 24 hours notice as this gives us time to offer the appointment to our waiting list.
9.2 Bookings canceled with 24 hours or more prior notice incur no charge.
9.3 Bookings canceled with less than 24 hours notice incur a 50% charge.
9.4 No-shows incur a 100% charge.
10. Gift Vouchers and Promotions
10.1 Massage Gift Vouchers are non-refundable and may not be exchanged for cash.
10.2 Massage Gift Vouchers are valid for 3 months from the date of issue and must be presented on the day of treatment.
10.3 Massage Gift Vouchers are for treatments in the Edilma Therapy premises.
10.4 Bookings are by appointment subject to availability.
10.4 If the treatment is canceled with less than 24 hours notice the Voucher may become null and void.
11.1.1 Membership is open to all customers over the age of 18. You must have access to an email account and provide us with your name, email address and payment information expected to be used for the monthly payment of the membership (Edilma Therapy does not store any payment-related information. Payments are being managed and processed by a third-party booking solution service [ www.fresha.com], including standard treatment, products, gift vouchers and memberships payments).
11.1.2. All memberships are a monthly base cycle payment, starting from accepting these terms and conditions until canceled by the client.
126.96.36.199. All memberships will remain active provided you continue to pay us your monthly subscription fee in the amount you confirmed when signing up for your Membership. Your Membership plan will end in accordance with these terms and conditions.
11.1.3. Clients can cancel any subscription at any given time before the day of the next billing cycle preventing any additional charges.
11.1.4. After a membership cycle has started and the client has been charged for the membership subscribed, the client agrees to our non-refund policy on memberships and will accept to have up to the rest of the billing cycle to enjoy the benefits of the membership.
11.1.5. All memberships are not cumulative, which means, the client has up to the end of the billing cycle to enjoy the total amount of services or treatments included in the selected membership plan. It’s the client’s responsibility to ensure that each appointment is booked in good time. If no treatment is booked for your monthly allocation you will forfeit treatment for that month. Treatments cannot be carried over into the following month.
11.1.6 The number of services or treatments included in the membership plans will renew at the beginning of each payment cycle.
11.1.7. Memberships offer discounts on additional services, treatments, and products, with fair usage limits. The member may use their membership to book treatments for themselves or for others. The discount is limited to a maximum of 5 treatments per month for the Premium Membership Package and 3 treatments per month for the Deluxe Membership Plan, regardless of the length of the individual treatments (30 minutes, 45 minutes, 60 minutes, or longer treatments). If the member would like to book more treatments and continue to use the discount, they should contact the company at least 15 days in advance to discuss potential exceptions.
11.1.8. In case of No-show with a booking using a membership plan will result in the standard cancellation policy being applied and you will forfeit that month’s membership treatment. In case of not having any available treatment in the active membership, the full amount of the cost of the treatment will be charged to the client.
11.1.9. The Company reserves the right to restrict the number of memberships available at each tier without notice or explanation.
11.1.10. All included products will be drawn from those brands and lines normally stocked. Included products are of a regular retail size and will be those recommended as necessary by your therapist.
11.1.11. The Company can cancel the membership program completely, preventing new memberships and/or preventing the renewal of any current active membership after giving a notice to current active clients at least 30 days in advance.