TERMS AND CONDITIONS OF SERVICE & CANCELLATION POLICY
INTRODUCTION
The Massage Experts Canada (HS Massage Experts Corporation) or MEx (together with its affiliates and subsidiaries, “we”, “us”, “our” and terms of similar meaning) provides this Website (this site and any software provided by the MEx for use with the site, the “Site”) to you subject to these terms of use (these “Terms”). In these terms we describe users (“Users”) of the Site as both registered and unregistered users.
Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site and may choose to exit the Website.
MEx reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted in the Site and/or any Application. Your continued use of the Site, any Application and/or any Service (defined below) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
DESCRIPTION OF SERVICE
Through the Site the MEx is providing you with information about products and services offered at independently owned and operated MEx franchised locations, including massage and other relevant service along with (a) the ability to schedule, modify and/or cancel appointments with any MEx franchised location; (b) provide information to and complete forms with your independently owned and operated MEx franchised location regarding massage session; (c) enter into and use benefits under any agreement entered with your independently owned and operated MEx franchised location; (d) purchase and/or redeem gift cards; (e) purchase of any service and product at any independently owned and operated MEx franchised location as a guest; (f) view information about and find the independently owned and operated MEx franchised location nearest you; (g) request franchise information; (h) complete customer satisfaction surveys; (i) view opportunities to apply for employment with MEx independently owned and operated franchised locations; and/or (j) apply for job openings at MEx, corporate (collectively the “Service”).
You must (1) provide all equipment necessary for accessing the Website and/or Mobile Application, (2) provide for your access to the Internet to use the Website and Mobile Application, and (3) pay any fees related with such Internet or equipment.
PRICES AND FEES
We do not charge any fees or other charges for the use of the Site. In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Any prices of our services or fees can be changed at any time and will be in effect immediately.
CLAIMED COPYRIGHT
All content and all software available on the Site or used to create and operate the Site is the property of the MEx or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and MEx names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by MEx.
The MEx grants you a limited, revocable, non-exclusive, non-sub-licensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Agreement and your account with us.
You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. The MEx does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites.
DISCLAIMER OF WARRANTIES
While the MEx attempts to make your access to and use of the Site safe, the MEx does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
You shall defend, indemnify and hold harmless MEx and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
The Site is controlled by the MEx and operated by it from its offices in Nova Scotia, Canada. You and the MEx both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and the MEx explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. MEx may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of the MEx, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and the MEx regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and the MEx regarding your use of the Site.
MASSAGE EXPERTS CANADA’S CANCELLATION POLICY:
Massage Experts understands that life events may prevent you from making an appointment from time to time. For this reason, we impose a practical and standard cancellation policy.
YOUR FIRST VISIT:
– Please provide 24-hours’ notice for any cancellations or modifications.
– A same-day cancellation or no-show will result in the loss of the first visit discount benefit.
CLUB MEx MEMBERS CANCELLATION:
– Please provide 24-hours’ notice for any cancellations or modifications, or full charges will apply.
– Cancellation fee is waived should we find another guest to fill the previously reserved space.
GENERAL CANCELLATION:
– Please provide 24-hours’ notice for any cancellations or modifications, or full charges will apply.
– A same-day cancellation or no-show will result in the need for a credit card added to your file in order to rebook the next visit. This will not be immediately charged, rather it will hold the reservation in the case of further late cancellation charges.
*** CANCELLATION CHARGES CANNOT BE BILLED TO YOUR INSURANCE PROVIDER ***
LATE ARRIVALS:
Late arriving guests will be accepted during the allotted treatment time, up to a 15-20-minutes delay. Thereafter the treatment is considered a no-show, and is cancelled. However, should you arrive within that time, treatment will end at regularly scheduled end-times. Full session fee will still apply.
WHY WE CHARGE A CANCELLATION FEE:
A therapist practices on average 4-5 treatments per day in order to maintain optimum health and to ensure their high standards are upheld each treatment. Because an RMT is paid on a per-treatment basis, even 1 missed treatment of 5 has significant financial impact on the therapist.
NOTE: Last minute cancellations and no-shows have 3 effects:
- It takes an appointment time away from another guest.
- It affects your therapist’s income.
- It affects you by not receiving the great benefits of regular therapy session.