Terms and Conditions PamperTree Ltd
(Last updated November 2019)
Welcome to PamperTree and to ensure your full understanding of the use of our website, or app, we recommend that you read all of our Terms and Conditions before booking any of the third-party services promoted here. Furthermore, you may wish to print off a copy and retain for future reference.
By continuing to use our website or app, you hereby confirm that you have read and accepted them whether or not you choose to register with PamperTree, if for any reason you do not agree with these Terms and Conditions then you should not continue to use either our website or app for any reason.
1. The website, www.pampertree.co.uk ("Website") and the PamperTree Customer mobile application and the PamperTree LINK (booking and management diary) mobile application (the “Apps”), are provided by PamperTree Limited (t/a PamperTree), a company registered in England under company number …………….and whose registered office is at ………………………………………., throughout these Terms & Conditions we shall make use of the following terms: ("PamperTree", "us", "we" or "our"). "You" and "your" in respect of any user of our Website or our app.
2. The Website and our apps exist to serve two primary functions:
- The accumulation of information to provide an integrated booking hub for representative third-party providers of services and products who have chosen to offer for sale their products and services to clients via this website and our app ("Partners"); and
- Furthermore, to provide information pertinent to health and wellbeing.
3. In order to clarify the terms by which we provide you with access to our website and our app and to those products and/or services we promote via our website or our app we include the T&Cs that concern:
- how we will use and secure data about you (our "Privacy & Cookies Policy") and
- our T&Cs when you are booking in relation to the third party products and/or services we promote via this Website or our Customer mobile app (our "Booking Terms and Conditions"); and
- the obligations you are under when up-loading comments or reviews and content to this website or our app (our "User Generated Content Policy"), as one or individually, these may be cited as our "Terms and Conditions" (T&Cs).
4. Please distinguish between these Terms and Conditions which differ from those concerning the relationship between PamperTree and our Associates. If you are currently one of our service partners, please refer to the Associate’sTerms&Conditions of Business issued to you when you joined us. If you are thinking of joining us as an Associate and would like to apply to PamperTree to promote your services or products, please see www.pampertree.co.uk/business/signup.
5. If you are a participant in any prize competitions or select other offers on the website or our app, separate T&Cs may apply over and above our Terms and Conditions. Should any conflict occur between any additional terms and conditions and our standard Terms and Conditions, such supplementary terms shall overrule within the circumstances of the conflict.
6. PamperTree may change our Terms and Conditions at any time, should this occur the most current version of such Terms and Conditions will be displayed on this website and on our app. Users are therefore requested to review these Terms and Conditions regularly to verify that they find any changes acceptable. It will be understood by PamperTree that you will have accepted any changes to the Terms and Conditions following notification of the updates on our website or our app and/or if you continue to access or use the website or our app, which are showing the updated version of our Terms and Conditions available for you to view.
- PamperTree Privacy and Cookies Policy; and
- PamperTree User Generated Content Policy.
1. Use our website and app
2. Gaining access to our website and our app
- It should be clearly understood that access to PamperTree website and app is granted on a limited basis. PamperTree reserves the right to suspend or modify our website or our app (this shall also include any products or services promoted therein) without notice. We will not be subject to any liability should our website, or our app. or any part of it or them, at any time or for an indeterminate duration, be unavailable for any reason whatsoever.
- PamperTree has a policy of updating our website and our app periodically and so may find it necessary to change the content at any time without prior notice to users. Should we find it necessary we maintain the right to withdraw, change or discontinue the website or our app (either in whole or in part) at any point in time regardless of advance notice?
- Any written or visual content found on the PamperTree website or on our app should NOT be taken as advice NEITHER should it be considered as such in any circumstances. Consequently, PamperTree disclaims itself from all liability and responsibility which may arise from any person’s potential reliance upon such information to the utmost extent which is permitted by all applicable laws.
- As a user, you are responsible when viewing this website or our app for ensuring all arrangements are in place to access and view PamperTree website and our app and furthermore, ensure you have in place, current anti-virus software on whichever device you choose to access either the website or the app.
- PamperTree categorically reserves the right to withdraw access to our website and/or our app and/or void any order should you fail any credit or fraud prevention checking system, or where PamperTree may have reasonable cause to suspect either fraudulent activity or money laundering by you or other persons making use of your account.
3. User Password and Account Security
- As the user of our website, it is your responsibility to ensure the safekeeping of your password and log in details for your own security. In order to protect your account details against person or persons who do not have your permission from gaining access. we advise users to store their username/usernames and password/passwords safely and securely. It is important that the password you choose is not a password you have used previously, or indeed, one that you use for all login passwords. It should be composed of eight characters or more and, consist of some numbers and capital letters. We advise users that they should not disclose or share their username/ usernames and password/passwords to any other person. It is also advisable to sign out of your PamperTree account at the end of each session. You may choose to close your browser after completing your session, this is particularly important if you share a computer with someone else. Or alternatively, if you are using a computer in a public place.
- Should you suspect that access has been made in an unauthorised fashion to your personal account then it is essential that you should notify us immediately by contacting firstname.lastname@example.org. We shall look into any alleged unauthorised access to your account. Nonetheless, regarding any other terms in regard to our rights to disable or block account access to you as a user, we hold the right at all times to disable or block your account should it be suspected that access has been made to the account by a person or persons unauthorised by you.
4. Should our website or app be misused by a user
The user must not misuse the PamperTree website or app by:
Consciously introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, program or code which negatively affects the functioning of any computer software or hardware (or that is aimed to do so); or furthermore
To gain or attempt to gain un-authorised access to the PamperTree server where our website or app are stored, or to any other server, computer or database which is connected to the PamperTree website or app; or furthermore
To attack the PamperTree website or app by using a denial-of-service attack (DoS) or a distributed denial-of-service attack (DDoS)
2. Breaching of this clause is a criminal offence under the Computer Misuse Act 1990. Consequently, such a breach will be reported to the relevant law enforcement authorities and our co-operation with such authorities will effectively disclose your identity to them. Should such a breach occur, the PamperTree website and app will be denied to you with immediate effect.
5. User Eligibility
- Users must be 18 years of age or over in order to create an account to become a registered user of PamperTree, giving access to our website and our app ("User").
- Once registered as a PamperTree User you may have access to further products or services and/or additional functionality, including, being able to create an account, save contact information, post content such as participating in blogs, discussion forums, posts, submit reviews, known as user-generated content (UGC) onto the PamperTree website or app, and have access to information about future/current promotions or special offers which are available to PamperTree Users exclusively, should there be any at any specific time.
- All personal data that is submitted to us in the act of joining PamperTree as a User or after registration, will only be held and used in accordance with any consent given by you and in accordance with the terms of our Privacy and Cookies Policy.
- In addition, we have the right to disable the User identification code or password, which may have been chosen by you or which has been allocated by PamperTree, at whatever time is appropriate, if we are of the opinion, formed reasonably, that you have failed to comply with the said provisions of any/all of our Terms and Policies. If you are aware at any point that you know or suspect, any person other than yourself has knowledge of your username or password, you must without delay notify us at email@example.com
6. Posting User Generated Content
- Posting of UGC by any user is available if and when the functionality of the PamperTree website or our app permits. Users of the website or app that log onto any social media account via any widget or interface accessed either on or off the website may post relevant User Generated Content to the website or via the app.
- Any User Generated Content submitted and published will be credited to the username registered to you or the username of the social media account you have used to log in, however, we shall not publish your personal email address on the website or through our app.
- Our moderator can set aside any UGC (or remove without notice any UGC which may have been published beforehand) should it fail to conform to our User Generated Content Policy. We shall not be held liable for subsequent loss or damages which may arise in any manner whatsoever from our decision to refuse publication of such UGC (or to remove material published beforehand).
- In extreme circumstances, PamperTree is furthermore deemed to hold the right to close the User account/accounts or/and in addition, to prohibit particular Users from the privilege of posting UGC to the website or through our app if they persist in breaching the terms of the User Generated Content Policy.
- It should be noted that any UGC as expressed by Users or any member of the public are the point of view of those of that individual User who chooses to submit the UGC, they are not the view or opinion of PamperTree and we cannot, therefore, accept responsibility for such views as expressed by such UGC.
- Nonetheless, should you find a submission of UGC on the PamperTree website which you deem to be offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way whatsoever, then please inform us by emailing us at firstname.lastname@example.org stating "Objectionable Content" as the heading. Your complaint will be assessed and we shall act accordingly upon that decision, where we may remove such published view or block User access to the originator of the objectionable UGC.
7. Intellectual property
- Viewing, printouts, usage, or quoting from and alluding to PamperTree website or our content, both textual or by image, is authorised solely for your personal use, which may not be connected to any commercial enterprise and upon the condition that you refer to PamperTree with the appropriate recognition to PamperTree as your source.
- Nothing stated in the license as stated above, either prejudices or diminishes any author's moral rights in respect of the “Materials”.
- We specifically reserve all rights to our intellectual property both in respect of the Website, the app and the “Materials” also in regard to the Users usage of the website, the apps and the “Materials” which is subject to certain restrictions which indicate that you are prohibited from:
- The removal of any copyright or other notices on or in association to the “Materials”; furthermore:
- Making use in any manner of the “Materials” taken from the PamperTree Website or app that may contravene any copyright, intellectual property right or any and all proprietary notices pertaining to us or any third parties; furthermore:
- Making use of, or enabling others to make use of, any software or other systems which may be used to extract either whole or partial content or data from the PamperTree website or through our app, the process is known as screen-scraping. The sole exception to this will be where a written license agreement between yourself or any third party authorised by you, has received the specific permission of PamperTree. furthermore:
- Reproduction, modification, exhibition, performance, publication, distribution, dissemination, broadcasting, framing, communication to the general public as a whole or make known to any third party, or misuse or take advantage of the PamperTree website, or app, or of the “Materials” for any reason of a commercial nature, save with the express prior written authorisation in the specific form of a license agreement from PamperTree.
8. The PamperTree Trademark
- We hereby reserve exclusive rights in and to the www.pampertree.co.uk domain name and any such related domains and sub-domains, the name "PamperTree", our logo brand, service marks, trading names and/or trademarks. Other trademarks, products and company names that may appear on the PamperTree website or on the app are the trademarks of the respective owners or licensors of the products, salons, clinics and spas promoted via PamperTree and the rights pertaining to such trademarks are reserved to the relevant owners or licensors.
9. Linking to the PamperTree Website
- You are free to link to our website, accessing any page, for purposes which are not commercial on the understanding that in doing so you access in a way that is legal and which does not harm the reputation of PamperTree, or in any way take advantage of it in a detrimental way. To further clarify, the site which links with PamperTree shall not in whole or in part have content of an adult nature, or which contains illegal materials or that which may cause offence, harass others or otherwise be found as unacceptable.
- No association to PamperTree shall be implied by any such link, nor shall approval or recommendation be either implied or expressed as implicit by PamperTree where it does not exist. It is forbidden to remove, amend or obscure by framing or by any other means, any advertisements, copyright notices, or further information which may be found on the PamperTree website.
- The PamperTree website can in no circumstances be framed or be exposed to any other browser or border setting on any other site.
- If you wish to link to the PamperTree website for commercial purposes or any reason which is not mentioned above, or should you wish to become an advertiser, you are invited to contact us by viewing our “Become an Advertiser” page.
- It remains our right at any time to retract previous permission to link to us without notice.
10. Privacy, protecting your data and cookies
11. Third-party content and third party websites
- The PamperTree website and our app contain advertising which originates from third parties. The content from these third parties is the responsibility of the originators of such advertisements and to ensure that it complies with all relevant legislation and regulations relating to such content.PamperTree does not accept responsibility for the content of such third-party advertising.
- Our Website, our app and/or the “Materials” may contain links to third party websites, as the user you may decide to visit any third-party site, this is done entirely at your own risk. It is not the responsibility of PamperTree, nor shall it be held liable directly or indirectly for any content or any opinion given on these websites or in respect of the standard of products or services accessed from or via these websites. Excepting when it is clearly stated, PamperTree links shall not be seen to imply that we are, or our website or our app is, an affiliate of or associated to such sites.
- Any communication with the user may contain information originating from third-party websites. Content will be clearly indicated when it originates from a third-party site and a link provided to the relevant source may be provided for clarification. PamperTree accepts no responsibility or liability for any material from or contained in any third-party website shown as the relevant link from such communications to you, or the use of any personal information by such a third party.
- By including any link in our communications to you, the user should be aware that it does not imply a recommendation by PamperTree of the linked site. Should you decide to access the link to such third-party websites, it is at your own risk.
- Users should note that when using a link from the PamperTree website or our app to another website, our stated Terms and Policies (which shall include our Privacy & Cookies Policy) will no longer apply. By browsing or interacting on any other websites, including any website which is linked to PamperTree, the user is then subject to the website’s own terms and policies. It is advisable to read those terms and policies before proceeding.
- To the fullest extent permissible by law, PamperTree excludes and disclaims all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this website or via our app. Specifically, PamperTree does not represent or warrant that the website or the app will be guaranteed to be without error, free of viruses or other harmful components, or that defects will be corrected. It is essential that users should protect themselves in this respect. In any event, PamperTree will not be held as liable for any loss or damage which may be caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may potentially infect your computer equipment, computer programs, personal information or other proprietary material which may arise as a result of your use of our website or our app.
- PamperTree does not accept liability for failing to maintain the website or our app and/or late or failed delivery of any “Materials”.
- Please be aware that PamperTree only provides our website and our app for domestic and private use, and as a user, you agree not to use the PamperTree website or our app to promote any commercial or business purpose/purposes excepting when we have approved you as an advertiser/Associate.
- Users should be aware that PamperTreewill not be liable for the following types of losses,(this also applies if the losses could be deemed as foreseeable): losses of income or revenue, losses of business, losses of profits, losses of predictable savings, losses of personal/commercial data or a waste of management or office staff time.
- Please note that“Materials” may be subject to inaccurate information or mistakes of a typographical nature; we do not guarantee the “Materials” as accurate or complete.
- The information contained on PamperTree Treatment Boards are for the purpose of overall information only, sourced from www.pampertree.co.uk and while our goal is to keep all of our information current and accurate, we cannot affirm by either representations or warranties of any nature, explicit or implicit, regarding the content being complete, accurate, reliable, suitable or available in respect to the information, products, services or images contained on www.pampertree.co.uk. By choosing to make use of any or all of the information therein, products and/or services advertised, the user must apply their individual due diligence and if they feel it necessary, may consult a qualified and experienced professional for definitive advice unique to their requirements and circumstances. Should any user decide to act by placing their reliance on such information, it should be understood that this is at the risk of the user. At no time, or in any circumstances should the user commit their confidence in any product/services based on the information on the PamperTree Treatment Boards as a substitute to medical advice from your GP or another qualified healthcare provider. Should any user be in need of medical advice, they should consult their GP or another qualified healthcare provider.
- Through the PamperTree website, the user is able to link to other websites, these websites are not under the administration of www.pampertree.co.uk. Consequently, PamperTree has no control in respect of the nature, content or availability of such sites and cannot be held liable for them. The user should understand that the incorporation of these links does not automatically signify an endorsement or approval of the content found within them.
- In no circumstances shall PamperTree be liable for direct, indirect, punitive, incidental, special, consequential or any damages whatsoever arising out of or in any way connected with the use of or performance of information, products, services or reliance on the contents of www.pampertree.co.uk.
14. Serviced countries
- This PamperTree website and the app are for users in the United Kingdom (UK) exclusively. We do understand that www.pampertree.co.uk and our app may be accessed from outside the UK, it should be borne in mind that neither the PamperTree website nor the apps are designed for such use and the users who may choose to access the website and our app outside of the UK, do so at their own risk.
16. Legal compliance and applicable law
17. Contact us