Please read these Booking Terms and Conditions carefully before you complete any transactions via the Website, App or Widget as these Booking Terms and Conditions will apply to your transaction. We recommend that you print a copy of these Booking Terms and Conditions for future reference. If you do not agree with these Booking Terms and Conditions, you must not use our Website, App or Widget to make a booking.
Defined Terms
- For ease of reference the following terms shall having the following meanings in these Booking Terms and Conditions:
- “App” means the Time and Place Customer mobile application software available for download from iTunes and Google Play;
- “Customer”, “you” and “your” means you, the buyer of any Services;
- “Dated Booking” means an appointment at a specific time/date with a particular Partner for the provision of Services whether made via the Website, App or Widget, including Spa Bookings and Widget Bookings;
- “Order” has the meaning given in section 3.1 below;
- “Order Confirmation” has the meaning given in section 3.4 below;
- “Partner(s)” means our selected third-party providers of goods and services who offer their goods and services for sale via our Website, App or Widget;
- “Partner Contract” has the meaning given in section 2.3(b) below;
- “Services” means any products, goods and/or services of a Partner offered for purchase or booking via the Website, App or Widget;
- “Time and Place Contract” has the meaning given in section 2.3(a) below;
- “Widget” means the web interface owned and provided by Time and Place which the Partner may embed on its own website and/or social media channel(s), and through which Customers can make Widget Bookings; and
- “Widget Booking” means a Dated Booking booked and purchased online directly with the Partner via the Widget. NB. It does not include bookings made on the Widget using the “Pay at Venue” option which Time and Place has no involvement in.
Introduction and relationship between you, us and third-party partners
- This Website, App and Widget are operated by Time and Place Ltd., a company registered in England under company number 12310258 and whose registered office is at 109b Marton Road, Middlesbrough TS1 2DU.
- The Website, App and Widget allow you to book and pay for a broad range of hair, beauty and spa services from a variety of providers (our Partners). Those Services are provided by our various Partners and not by us. The provision of the Services booked via our Website, App or Widget is the responsibility of the Partner which provides them.
- The legal implications of this is that when you purchase Services, with the exception of Orders made using the “Pay at Venue” option on the Widget where no binding contract is formed, it will create two binding legal contracts:
- a contract between you and Time and Place (under which Time and Place has certain responsibilities to you in relation to the purchase or booking) (the “Time and Place Contract”). That contract is made based on these Booking Terms and Conditions; and
- a contract between you and the relevant Partner in respect of the provision or supply of the Services which you book through the Website, App or Widget (the “Partner Contract”). That contract is subject to certain provisions of these Booking Terms and Conditions including the cancellation period selected by the Partner, which we will notify you of before you make a booking on the relevant Partner’s page on the Website, App or Widget.
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- All Services available for purchase on the Website, App or Widget are offered by Time and Place on behalf of its Partners. That is, Time and Place takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website, App or Widget (including those Services purchased using Time and Place Gift Cards).
- We amend these Booking Terms and Conditions from time to time as set out in clause 12. Every time you wish to make an Order on the Website, App or Widget, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.
- All payments for services provided by our partners will be taken via ‘Stripe’ who act as the third party payment provider for Time and Place Ltd. Monthly direct debits made payable to Time and Place Ltd will be processed via the third party payment provider ‘Stripe’,
- All Services shown on the Website, App or Widget are subject to availability and the images and/or descriptions of the Services on the Website, App or Widget are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the Website, App or Widget is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each Partner’s responsibility to ensure that all of its Services listed on the Website, App or Widget are available and accurately described.
- If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.
- It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Services (for example without limitation, allergy information and health issues). Subject to clause 11.3, if you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Partner, neither Time and Place nor the relevant Partner shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.
Cancellations
- To cancel any booking you may have made on our platform, you must contact the business with whom your appointment is with directly.
- Time and Place Ltd will not be held liable for the cancellation of bookings by consumers.
- Cancellations will not be allowed less than 1 hour previous to the stated appointment time.
Resolving Issues
- We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Partners or their Services, please either:
- speak to the Partner yourself to try and resolve the issue;
- leave an honest review on the Website or via the App to reflect your experience; and/or
- email us at enquiries@thetapapp.co.uk, write to us at Time and Place Ltd, 109B Marton Road, Middlesbrough TS1 2DU or call us on the number listed on the website or the the one given to you by your sales representative and we’ll do our best to help.
- Following receipt of a complaint we will contact the Partner to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with the Partner, if we consider it to be fair in all the circumstances, we may at our sole discretion elect to:
- give you a credit note for the disputed/complained about amount of your Order (to be redeemed on the Website or the App to reduce the purchase price of any Services); or
- as a last resort or in extreme circumstances and always at our sole discretion refund the disputed/complained about amount directly to you via the original method of payment. Please note that it might take up to 30 days to receive a full refund in such cases.
- IMPORTANT NOTE: PLEASE DO BEAR IN MIND THAT WHILE WE TAKE ALL COMPLAINTS ABOUT OUR PARTNERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE SERVICE(S) WHICH THE PARTNERS PROVIDE AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR CREDIT NOTE IN THE EVENT YOU ARE DISSATISFIED WITH SERVICES WHICH YOU HAVE RECEIVED FROM OUR PARTNERS.
- In the event you have a negative experience with Time and Place or one of our Partners, you may be entitled to a credit note to spend on the Website and/or App equivalent to the full value of your Order (the “Time and Place Guarantee”). Please note that the following limitations apply to your ability to benefit from the Time and Place Guarantee and Time and Place’s decision to apply the Time and Place Guarantee remains at the sole discretion of Time and Place. Please note that Time and Place is currently running a trial of the Time and Place Guarantee and it may be revoked at any time at Time and Place’s sole discretion:
- you will only be eligible for a credit note refund if it is claimed within two weeks of your appointment;
- you can only claim a credit note refund pursuant to the Time and Place Guarantee a maximum of three times in each calendar year;
- you will only be eligible if you attended your appointment;
- credit notes will only be issued up to a maximum value of £150 per claim;
- no cash alternative is available, the Time and Place Guarantee is strictly limited to a credit note to be redeemed against a purchase on the Website/and or App;
- credit notes issued pursuant to the Time and Place Guarantee will expire 6 months from the date of issue.
- it only applies to Dated Bookings (excluding Spa Bookings and Widget Bookings) paid for at the time of booking, in accordance with clause 10.3, and not for “Pay At Venue” bookings; and
- it only applies to your first Dated Booking (excluding Spa Bookings and Widget Bookings) made at a particular Partner venue.
Price and Payment
- Prices and any applicable delivery and/or processing charges will be as quoted on the Website, App or Widget but may be subject to change by Time and Place or Partners at any time (in which case the Website, App or Widget will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect. If the Service’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If your Order has been accepted and you have been sent an Order Confirmation before the pricing error was realised, if the pricing error is obvious and could reasonably have been recognised by you as a pricing error, we will provide you with the option of reconfirming your Order at the correct price, failing which the Order will be cancelled. Where an Order is cancelled, we will refund you any sums you have paid.
- The Partner has full responsibility for accounting for VAT on the total value of the Order, where applicable. Time and Place does not charge you VAT on Orders as the Services are provided by the Partner, not by Time and Place. As a result, Time and Place cannot provide you with a VAT invoice in respect of your Order. You will need to contact the Partner direct to obtain a VAT invoice, where applicable.
- Unless it is available and you have opted for “Pay at Venue” (see clause 10.7 below), payment for all Services must be made at the time of booking in pounds sterling by credit or debit card, or via a third party payment processor such as PayPal or by using the online payment facility (“Payment Facility”). If you do choose to pay via a third party payment processor, you will be redirected to their site to make payment and will be subject to their terms and conditions, privacy policy and other terms of use. Please check those carefully before confirming your Order. You will be responsible for protecting the confidentiality of your Website or App user ID and any password or other security information used by you to access your account on the Payment Facility. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.
- Payments made through the Payment Facility are processed by third party payment services providers. Time and Place takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
- If you pay for Services via the Payment Facility, Time and Place will collect the payment in its capacity as the commercial agent of the relevant Partner. Once Time and Place has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf Time and Place has collected the payment.
- For certain Dated Bookings, there may be an option for you to make a “Pay at Venue” booking. This means that you can make the Order but then pay for it directly to the Partner at the time of the appointment (i.e. not pay for the Order in advance through the Payment Facility). Please note, this option is not available in all circumstances. This option will only appear if the Order and the Partner are both eligible for “Pay at Venue”. Please also note that on the Website and App, you are only permitted to have up to three Pay at Venue bookings at any one time.
- Please note that when you make a “Pay at Venue” Order on the Website or App, you are still entering into a binding legal contract in respect of the Order and once your Order Confirmation is sent and the Partner Contract has been formed, you must pay the Partner in full when you (or the recipient of the Services) attend the appointment. If you fail to show up to an appointment that you have not paid for you will still be liable to the Partner for the full amount due under the Partner Contract, unless cancelled in accordance with clause 5. In all cases the Partner Contract will be subject to these Booking Terms and Conditions including the cancellation period selected by the Partner.
Liability
- Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the Time and Place Contract.
- We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.
- We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under English law.
- It is the obligation of the business using the Time and Place platform to verify the ages of customers on selected treatments or procedures that may require age verification. Time and Place Ltd will not verify the ages of any customers before they make a booking on our platform and will not be held liable for bookings being fulfilled by customers who do not meet the age criteria you many set.
Our right to vary these Booking Terms and Conditions
- We may revise these Booking Terms and Conditions from time to time in the following circumstances:
- if we change the process for accepting payment from you;
- if there are changes in relevant laws and regulatory requirements; and/or
- if there are any other changes to our business that reasonably mean we need to amend these Booking Terms and Conditions.
- Every time you order Services or Time and Place Gift Cards via the Website, our App or via the Widget, the Booking Terms and Conditions in force at that time (and available for view on the Website, App and Widget and accepted by you at check-out) will apply to the Time and Place Contract between you and us and the Partner Contract between you and the Partner. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.
General
- All communications and notices from you must be sent to Time and Place by email at enquiries@thetapapp.co.uk or by post to Time and Place, 109b Marton Road, Middlesbrough TS1 2DU. Time and Place may communicate and give notice to you via post, email or by posting notices on the Website, App or Widget.
- Please note our customer support hours are: 8am-8pm Monday to Friday, 9am-6pm on Saturdays and 10am-6pm on Sundays and Bank Holidays (closed Christmas Day and New Years’ Day). However, if we will try and answer any query or issue you may have as soon as possible and that may be outside of the hours stated.
- Time and Place reserves the right to deactivate a Customer’s Time and Place account in the event of a breach of these Booking Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our Customer Experience team or employees of a Partner, either in communications via phone or email, or in person at the Partner’s venue.
- If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- By uploading images to the Time and Place platforms, including mobile applications and website, you consent to Time and Place Ltd having the right to use these images for marketing purposes.
- These Booking Terms and Conditions will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non- exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website, App or Widget.