Terms and Conditions
LIVEWELL Corporate Ltd
- Introduction to Contractual Terms
1.1 Your request to purchase services from LIVEWELL Corporate Ltd (hereinafter referred to as "LIVEWELL") constitutes an offer, subject to the terms and conditions outlined herein.
1.2 Acceptance of your order will only be confirmed upon written acceptance by LIVEWELL, which may be communicated via email, formal contract, or issuance of an invoice. This acceptance signifies the formation of a binding contract ("Contract").
1.3 The Contract represents the entire agreement between you and LIVEWELL. You acknowledge that any statements, promises, or representations not expressly stated in the Contract are not binding.
2. Acceptance of Terms and Conditions
2.1 By engaging LIVEWELL to provide services, you are deemed to have accepted and agreed to these Terms and Conditions, which supersede any other terms proposed by you. Acceptance occurs when:
(a) You request LIVEWELL to supply a Therapist for any Assignment;
(b) LIVEWELL supplies a Therapist to you; or
(c) a Therapist commences an Assignment for you.
3. Interpretation and Definitions
3.1 Definitions:
- Agreement: The agreement incorporating these Terms and Conditions.
- Assignment: The period during which a Therapist performs services for you, as specified in the Contract.
- Claims: All demands, claims, proceedings, penalties, fines, and liabilities.
- Fees: The fees payable by you to LIVEWELL for the supply of Services.
- Order: Your order for the supply of Services.
- Parties: You and LIVEWELL.
- Services: The supply of services by LIVEWELL of Therapists to provide on-site massage, yoga, reflexology, or other treatments specified in the Contract.
- LW: LIVEWELL Corporate Ltd.
- Therapist: One or more persons supplied by LW to provide you with the Services.
4. Services
4.1 LIVEWELL will provide the Services to you upon payment of the Fees, subject to these Terms and Conditions.
4.2 LIVEWELL acts as an employment business under the 2003 Regulations when supplying a Therapist to you.
4.3 Prior to supplying a Therapist, LIVEWELL will provide you with necessary information about the Therapist, including identity, qualifications, and willingness to work on the Assignment.
4.4 LIVEWELL will ensure that Therapists possess required qualifications and authorizations for the Assignment and will provide relevant documentation upon request.
5. Your Obligations and Acknowledgments
5.1 You agree to specify your requirements accurately, ensure Therapists perform only designated work, verify Therapists' suitability, and comply with all statutory obligations.
5.2 You acknowledge that Therapists supplied by LIVEWELL are engaged under contracts for services and agree to comply with legal requirements and provide necessary insurance cover.
5.3 You commit to treating all Therapists with respect and avoiding discriminatory treatment.
5.4 You agree to inform LIVEWELL of any circumstances detrimental to your interests or those of the Therapist.
6. Fees and Payment
6.1 You will pay the Fees and any agreed expenses to LIVEWELL immediately upon confirmation of your booking.
6.2 Payment will not be made directly to the Therapist and is exclusive of VAT, if applicable.
6.3 Failure to make timely payment may result in interest charges and suspension of Services by LIVEWELL.
6.4 LIVEWELL will not withhold payment of Fees due to dissatisfaction with Therapist's work. Disputes regarding unsatisfactory work should be addressed to the management team and dealt with within its individual merits.
6.5 If payment is not received by the due date, LIVEWELL reserves the right to charge interest and suspend further Services.
6.6 LIVEWELL will not be liable for any loss, injury, or damage resulting from late payment.
7. Cancellation, Changes, and Refunds
7.1 To cancel or change an Assignment, you must provide LIVEWELL with notice at least 14 working days before the start date of the Assignment.
7.2 Cancellation fees apply based on the notice period provided, as detailed in clause 7.3.
7.3 Refunds, if applicable, will be subject to deduction of cancellation fees and administered within 14 working days of cancellation. No refunds will be offered within 7 days of the assignment date.
7.4 LIVEWELL may terminate the Agreement if you materially breach obligations, with liability for all Services provided up to termination.
7.5 Refunds for business card orders exclude card processing fees and are subject to LIVEWELL's discretion.
8. Confidentiality
8.1 Both Parties agree to keep confidential information of the other Party confidential and use it only for the purposes of this Agreement.
8.2 Exceptions to confidentiality include publicly available information, disclosures required by law, or information developed independently by the Receiving Party.
8.3 Confidentiality obligations extend for a period of 6 months after termination of the Agreement.
9. Data Protection Compliance
9.1 LIVEWELL will process personal data in accordance with your instructions and will not transmit data outside the UK without your consent.
9.2 LIVEWELL does not process certain categories of personal data and retains safety forms for a specified period as required by insurers.
10. Warranties, Liability, and Indemnities
10.1 LIVEWELL makes reasonable efforts to ensure Therapists meet required standards but gives no warranty as to their suitability.
10.2 LIVEWELL confirms it is not aware of any factors detrimental to your or the Therapist's interests.
10.3 LIVEWELL and its staff are not liable for loss or damage unless directly resulting from negligence.
10.4 Liability is limited to Fees paid or due under the Agreement, except in cases of fraud or personal injury.
10.5 Neither Party is liable for indirect or consequential losses.
10.6 You agree to indemnify and hold harmless LIVEWELL from any Claims arising from your actions or breach of the Agreement.
11. General
11.1 Force majeure clauses allow Parties relief from performance obligations due to unforeseen circumstances.
11.2 Amendments to the Agreement require written consent from both Parties.
11.3 Assignment of rights and obligations is subject to mutual agreement, except in certain circumstances.
11.4 The Agreement constitutes the entire understanding between the Parties.
11.5 Failure to enforce rights under the Agreement does not constitute a waiver.
11.6 The Agreement does not create a partnership, agency, or similar relationship between the Parties.
11.7 Severance clauses allow for the removal of invalid provisions without affecting the Agreement's validity.
11.8 Notices must be in writing and sent to the Parties' addresses specified in the Agreement.
11.9 English law governs the Agreement, and disputes are subject to the exclusive jurisdiction of English courts.
11.10 The Agreement does not confer rights on third parties.
This document serves as the contractual agreement between you and LIVEWELL Corporate Ltd.