TERMS AND CONDITIONS
TERMS AND CONDITIONS
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Body Place late Cancellation Policy
We understand that sometimes you may have to cancel an appointment. Please give us at least 48 hours’ notice, otherwise a cancellation fee of 50% of the cost of your treatment will be charged.
If your treatment is part of a pre-paid course, we reserve the right to deduct the missed appointment from the course.
If you don't show up to your appointment then 100% of the service charge will be deducted from your card.
If you need to cancel, please give us a call or use our online booking system. Please don’t text, email or put a message on social media.
The Service and its original content, features and functionality are and will remain the exclusive property of The Body Place and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by The Body Place.
The Body Place has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Body Place 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 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.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
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.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Course Of Treatments
All treatments purchased as a course must be paid in full in advance of the treatment. All treatments must be taken with 24 months of date of purchase; any treatments left untaken after 24 months will be forfeited. Any refunds requests must be made in writing to email@example.com within 28 days of purchase. Any refunds requested for unused sessions will incur deducted
at full and an administration charge of £50. Refunds are credited back onto the clients account and can be used for any other treatments within 6 months.
Booking Terms and conditions
Phorest provides an online booking software service to salons, spas, barbers and other personal service providers. Please read these terms and conditions carefully before using the service. This is a legal agreement between you, the "user" and Phorest Online Booking Services for all parts of the online booking service. References to "services provider" or "third parties" means the business that you book a service with, for example a salon, spa, barber, or any other type of personal services business.
Limitation of liability
No third parties or us give any guarantee that the information on this website will be error free. By using this website you understand that the information may contain errors and we do not accept liability for these errors, to the amount that is allowed by law.
All bookings for services on this website are made with the service provider and not with Phorest. Phorest only facilitates the online booking with the service provider. The contract is between you and the service provider and Phorest is not part of that agreement, and therefore Phorest has no direct or indirect responsibility in that contract. Before making a booking, you need to check that you agree with the service provider's terms and conditions.
Phorest tries to make sure that the services listed are of reasonable standard, but the listing of services on this website is not a recommendation from Phorest, or that the services will be suitable for the user. Phorest will not be liable to you if the services are not suitable to you. Your use or any information on this website is totally your own risk, for which we will not be liable. It is your own responsibility to make sure that any products, services or information available through this website meet your specific needs.
No unlawful or prohibited use
By using this website you confirm to Phorest that you will not use this website for any purpose that is against the law or not allowed by these terms.
Links to third party sites
This website may contain hyperlinks to websites operated by parties other than Phorest. These hyperlinks are provided for your reference only. Phorest does not control those websites and is not responsible for their contents. By having hyperlinks on this website to other websites does not mean we endorse the material on those websites or that we have any association with the website operators.
The following conditions apply to bookings of services made by you through this website.
Making a reservation
When booking a third party's services on Phorest you may be required to pay a reservation fee/deposit using either a credit or a debit card or other payment method. Phorest uses a third party payment gateway to process this payment.
You may make a reservation on behalf of a group. In this case the contractual relationship for the service provider and Phorest remains with you.
Responsibility of accuracy of information to service providers
Services and Treatments are carried out by trusted third parties who are the services providers. When making a reservation, it is your responsibility to tell the service providers directly about any physical or mental condition that you have and that may require special facilities.
Users may cancel bookings made online, subject to the cancellation being made prior to the cancellation period as defined by the service provider at the time of booking and any reservation fees/deposits are refunded to the card used at the time of booking.
A cancellation of an appointment after the cancellation period has expired will result in loss of the reservation fee/deposit. The amount lost depends on the total cost of your booking but will be no more than the amount initially charged. If the service provider unilaterally cancels the whole booking the reservation fee/deposit will be credited back to the card used at the time of booking. If the services provider only partially cancels a booking, your reservation/deposit fee will not change.
If an appointment has not been cancelled before the applicable cancellation period, the salon reserves the right to charge users the balance of the appointment cost (i.e. the payment due in the salon which equals the total cost of the appointment minus the reservation fee/deposit paid online).
If you fail to arrive by your agreed appointment time, you authorise the services provider to charge to your credit card or debit card or other payment method without further reference to you an amount lower or equal to your total booking value (less any deposit fee/reservation paid) or an amount that might be set out in the service provider's terms and conditions.
In the case of group bookings if any part of your group fail to arrive by the agreed appointment time, you authorise the service provider to charge to your credit card or debit card or other payment method an amount lower or equal to the booking value for the persons that have not arrived on time (less any deposit fee/reservation paid) or an amount that might be set out in the service provider's terms and conditions.
Phorest does not accept responsibility for cancellations by the user or by the services provider regardless of the circumstances in which the cancellation is made. Phorest shall not accept any liability for losses, additional expenses or any claim whatsoever due to changes in salon services, sickness, weather, strikes or any other cause. All such losses, additional expenses or claims will be borne by you unless otherwise agreed between you and the service provider.
When a reservation is confirmed
Phorest does not accept responsibility for cancellations by the user or by the services provider. Phorest does not accept any liability for losses, additional expenses or any claim because of changes in salon services, sickness, weather, strikes or any other cause. All losses, extra fees or claims will be your responsibility unless otherwise agreed between you and the service provider.
Stored payments terms & conditions
You agree and acknowledge that Phorest may collect, use and disclose the Payment Methods (defined below) which you provide to Phorest in accordance with these terms and conditions (Terms and Conditions).
Phorest Stored Payment Method is the digital data repository used by Phorest to store Stored Payment Methods (defined below).
Collection of details
Phorest collects payment details (including, but not limited to, the details of any bank account, credit card, debit card or email address associated with any payment account) (Payment Methods) from you when you make a payment to Phorest or request a refund using an Phorest accepted payment option (including by phone, online, PayPal, under an SMS Pay arrangement or Direct Debit arrangement or such other payment option approved by Phorest from time to time) (Payment Option).
You agree that any Payment Method you provide to Phorest will be available to Phorest to use in accordance with your authorisation and clause 5 (Privacy) below.
Secure storage of payment methods
The relevant Payment Method (which is tokenised in the case of credit and debit card details) and the Payment Option (including any standing authority) used to make a payment to Phorest are stored by Phorest or its payment partners (Stored Payment Methods).
All Stored Payment Methods will be held securely by Phorest or its payments partners and, if required, stored by Phorest or its payment partners in accordance with Payment Card Industry Data Security Standard (PCI DSS) information security standard requirements and otherwise as required by law.
Usage of stored payment methods
Stored Payment Methods can be used by Phorest and you to make any payments to Phorest for products and services offered by Phorest using any Payment Option authorised by you. No payment will be processed without your authorisation.
Phorest will continue to use your Stored Payment Methods for payments authorised by you until you advise us of any change to those Stored Payment Methods or your payment arrangement with Phorest is terminated in accordance with the relevant terms and conditions that apply.
If your payment method is a credit card or debit card, you authorise Phorest to request payment from your nominated card account, using your current card and any replacement or substitute of that card from time to time. If your credit card or debit card has reached its expiry date, you should provide Phorest with your new details at least three business days prior to the next payment.
Phorest reserves the right to charge a payment processing fee for the use of a particular Payment Option. Bank transaction fees and Government taxes may also apply.
Any credit or refund made to you by Phorest may be refunded using your Stored Payment Methods.
Your Stored Payment Methods, including details of your current Payment Options, may also be used in connection with any Phorest products and services that we provide to you.
Disclosure of stored payment methods
Any Stored Payment Methods will not be disclosed to any third party, except in accordance with these Terms and Conditions.
Stored Payment Methods used to make a payment, credit or refund will be disclosed by Phorest to relevant financial institutions and payment service providers for the purposes of: facilitating that payment, credit or refund; and complying with PCI DSS information security standard requirements.
Stored Payment Methods may be disclosed to people and organisations that help Phorest with our business, such as payment service providers, professional advisors, IT support, and corporate and administrative services including mercantile agents (including debt collectors) and debt buyers. We only do this where it is necessary to disclose that information in order for those services to be provided to Phorest.
Stored Payment Methods may also be disclosed by Phorest to comply with any applicable provisions of any legislation, including without limitation, any privacy legislation.
Verification of payment methods
When requested by Phorest, you agree to provide to Phorest information, including but not limited to, certified identification documents, bank statements and other documents in order for Phorest to:
Verify (or further verify) your identity.
Verify information in connection with a bank account used to make a payment.
Verify information in connection with a non-bank account Payment Option used to make a payment.
Verify where any payment to Phorest originated.
Phorest may confirm directly with the financial institutions and payment service providers that supplied the Payment Option used by you to make a payment, that the Payment Method provided by you is valid and correct. Until Phorest is satisfied that the verification information provided above is true, accurate and complete, Phorest reserves the right to refuse any payments, and refund any payment at its discretion should it deem any payment to be (or likely to be) unauthorised or made by a person other than you.
Phorest may refuse to accept a payment made using any Payment Option in its absolute discretion including, but not limited to, circumstances where the relevant Payment Option has been dishonoured in connection with a previous payment.
Managing Phorest stored payment methods
Changing or removing stored payment methods
You may change or remove any of your Stored Payment Methods at any time. If you wish to change or remove any of your Stored Payment Methods you must notify Phorest by contacting our Customer Support team or such other method made available by Phorest from time to time. Any future payments that are yet to be processed using your Stored Payment Method may be cancelled upon the removal of the Stored Payment Method.
No Liability in credit or debit card transactions
Phorest makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on this website at any time during or after you make your reservation, conduct your transaction or disclose your card details on this website, Phorest shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, subject only to any statutory rights which you may have.
Copyright, notice and limited license
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Any persons breaching any of this provision will be prosecuted.
Automatic collection of information/cookies
Phorest's website's server, or the servers of companies that are used to operate this site, may place a "cookie" on your computer in order to allow you to use the website and to personalize your experience. A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer's hard drive. Cookies allow us to recognize your computer while you are on our website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users,tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website.
Most web browser applications (such as Microsoft Internet Explorer and Netscape Navigator) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website.
Modification of these terms and conditions
Phorest reserves the right to change these Terms as well as the contents of this website for any reason and without notice, and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate reservation or purchase using this website. You should check these Terms for any changes each time you access the website. Where we make changes to the way we use either your private information or stored payment details we will let you know of these changes as soon as required by law.
Details of your personal information, including Payment Methods (which are tokenised in the case of credit and debit cards), may also be used/disclosed by Phorest in connection with the payment of any products and services that Phorest makes available to you.
You may receive an email after a completed appointment with a services provider asking you if you wish to leave a review. When you leave a review the information will be submitted to the services provider and Phorest. This information will be stored securely in computer storage facilities. If you choose to do so you agree to that Phorest or the services provider that the appointment was with can publish your review should they choose to do so. If Phorest or the services provider choose to publish your review only your first name will be published with the review however the services provider or Phorest will not be held responsible for any wording by you in the review that might reveal your identity.
All use by you of Phorest's services is at your own risk. You assume complete responsibility for and for all risk or loss resulting from your downloading and/or use of or referring to or relying on information, products, services or materials provided on this website. You agree that Phorest and the providers of telecommunications and network services to Phorest will not be liable for damages arising after your use or inability to use this website and you hereby waive all claims with respect thereto whether based on contract, tort or other grounds.
This website is available to all users "as is". Phorest makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Phorest accepts no liability for any infection by computer virus, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond its control, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of this website.
To the greatest extent permitted by applicable law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of the services, information and/or materials on this website, including without limitation, their accuracy, their completeness or the merchantability, quality or fitness for a particular purpose.
Phorest Online Booking Privacy Notice
The following privacy notice outlines how nDevor Systems Ltd T/A Phorest (‘we’ or ‘us’ or ‘our’) gathers, processes, and protects personal data, stored on behalf of Data Controllers . Phorest is a software company that provides services including provision of software to salons and other businesses to manage their business, online booking services and SMS delivery. The following privacy notice refers to the processing of personal data for online bookings.
The data protection officer for the organisation is Garrett Ahern. You can contact the data protection officer by sending an email to firstname.lastname@example.org or writing to Data Protection Officer, Phorest, 9 Anglesea Row, Dublin 7, Ireland.
Personal data collected
We take your privacy seriously and will never sell or rent your personal data to any third-party. We need to obtain and process your personal data to provide you with our software, services and to fulfil our business and legal obligations. We will never collect any personal information from you that we do not need or retain any data that is no longer necessary for the purposes specified in this notice. Personal data is provided to us through Phorest’s online booking software
Your personal data is collected and processed for the following purposes:
In the performance of a contract to complete appointment booking payments through our software.
As part of our legal obligation for accounting and tax purposes.
Rights of the individual
The individual holds a number of rights in relation to the personal information that we hold on them, which includes:
The right to access what personal data we hold about the individual.
The right to be informed of how we are using the individual’s personal data.
The right to request the erasure of the personal data we hold on the individual.
The right to object to us processing the individual’s personal data or restrict us from processing some or all of the individual’s personal data.
The right to object to direct marketing from us.
The right to request the correction of incorrect information we hold on the individual.
The right to request that we transfer the information we hold on the individual to another service provider.
The right to lodge a complaint directly with the supervisory authority.
If we receive a request from the individual to exercise any of the above rights, we may ask to verify your identity before acting on the relevant request; this is to ensure that your data is protected and kept secure.
Data Sharing, Third Parties & Data Processors
We disclose your personal data to third parties for the purposes of providing a service to you, running our business, and when required by law and to enforce our legal rights.
We share your personal data with the following categories of companies:
Payment providers to facilitate payments made to us.
Accountancy firm to fulfil our legal obligations.
How Long Do We Keep Your Data?
Phorest retains your personal data for as long as necessary to provide you with our services as our client and under the following criteria:
Where there is a legal basis, obligation or legitimate interest to continuing processing your personal information.
Where processing is necessary for the establishment, exercise or defence of legal claims.
Transfers of personal information
When personal data of persons located in the EU is processed through Phorest software, all of it is held within the EU. Your information is processed by the Phorest software and stored in the Amazon Web Services cloud infrastructure. During this process your data is encrypted in transit and at rest.
Consequences of not providing your personal information to Phorest
In the event that you want to book an appointment through our software, certain personal information is required to enter into a contract with you. You can always choose not to provide personal information. However, Phorest may not be able to enter into a contract with you to fulfil appointment booking if you do not provide your personal information.
Safeguarding your Personal Data
All information passed to the Phorest system is encrypted during data input and transfer to the cloud. Phorest employs appropriate technical and organisational measures to safeguard your personal data.
In the occurrence that you want to contact us with any questions about this privacy notice or make a complaint about how your personal data was gathered or how it is being processed by Phorest (or third parties used by Phorest), please contact Phorest and our Phorest Data Protection Officer.
Phorest Data Protection Officer
The data protection officer for the organisation is Garrett Ahern. You can contact the data protection officer by sending an email to email@example.com
Changes to our privacy notice
We may change this notice from time to time. All changes will be posted and updated here. We will notify you directly by email (if we hold one for you) if any significant changes occur. We advise you to check back here frequently to review the most current version of this notice.
General terms and conditions
These Terms and your use of this website are governed by the laws of the Republic of Ireland. You hereby consent to the exclusive jurisdiction of the Republic of Ireland courts in all disputes arising out of or relating to the use of this website each time you access the website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation this paragraph.
Any questions, please contact Phorest, Anglesea Mills, 9 Anglesea Row, Off Little Britain Street, Dublin 7, D07 F8PY, Republic of Ireland; or email us on firstname.lastname@example.org.
If you have any questions about these Terms, please contact us.