The company grants you a non-exclusive, limited and revocable licence to use and access the WEMBY website (www.wemby.co) (Website) and/or mobile application (App) (together, the Platform) subject to these terms and conditions (Terms). In these Terms, “us”, “we” and “our” refer to WEMBY and references to “you” and “your” is to you, the user.
By using the Platform you agree to be bound by these Terms - if you do not agree with these Terms you must immediately stop using the Platform.
You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
We act only as a booking agent for individuals (Clients) to book sessions (Sessions) with wellbeing coaches (Coaches) via the Platform. You contract with and authorise us to book Sessions, take payment and contractually commit Coaches and Clients subject to these Terms.
These Terms also apply to any contract between the Client and the Coach for the provision of Sessions. The Client and Coach may enforce any of these Terms against the other party directly in respect of the Sessions.
We do not accept any responsibility or legal liability whatsoever for any act or omission of the Coach or the Client arising from or in connection with the Sessions.
Though we may assist with the resolution of any complaint or dispute relating to the Sessions, you acknowledge that any legal recourse arising from or in connection with the Sessions, whether for breach of contract or otherwise, is against the Client or Coach (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.
You must cooperate with us and comply with all reasonable requirements, including information and documents relating to the Sessions.
To use the Platform and book Sessions you must register as a Client and provide us with your name, phone number, location and any other information as may be required on the Platform. We may also ask you for additional information such as your age, height, weight, any medical conditions you may have, wellbeing goals, language preference, payment details.
We may accept, reject, suspend or remove your registration as a Client at our absolute discretion.
You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform.
We may accept, reject, suspend or remove registration of a Coach at our absolute discretion.
To register as a Coach, WEMBY requires confirmation of identity (copy of passport or identity card), e-mail and phone contact information, location, payment gateway account details and any other information as may be required on the Platform. All Coaches must be qualified professionals, with relevant education background and certifications. WEMBY requires proof of degree qualifications, certifications and insurance cover, as may be required by the Coach to provide the Sessions in the country in which the Coach operates.
Each Coach acknowledges that WEMBY and the Clients rely on the accuracy and completeness of information provided by the Coaches during the registration process. The Coach warrants and represents that all information provided to us is accurate, complete and not misleading and remains so, including:
Coach has the relevant qualifications and experience to perform the Sessions;
Coach has a valid public liability insurance policy in place for the provision of the Sessions with at least €1,000,000 of cover at all times; and
Coach has the necessary immigration status to perform the Sessions.
Coach will only represent himself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform.
The Coach acknowledges that such information will be made publicly available and must notify us of any changes.
We are not responsible for verifying, editing or monitoring such information. Upon demand from any Client, Coaches must provide evidence of their qualifications and experience.
The Coach acts as an independent contractor and not an employee of WEMBY. The Coach shall be fully responsible for any tax, national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with these Terms or the Sessions, including any other independent contractor costs as may be applicable in the country in which the Coach operates. The Coach shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default. We may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under these Terms.
All Sessions are supplied via the Platform subject to these Terms:
All Sessions specified on the Platform are subject to availability and are subject to change at any time.
The Client will be guided on the Platform through the steps required to make a request for Sessions with a specific Coach including selecting the type of Session.
We may accept or reject any Session at our own discretion.
The Client is responsible for all details and any errors in a Session booking. Should the Client wish to change any Session booking they must do so within the Cancellation Period.
We may reject or cancel a Session at any time, including if we discover an error in the price or specifications of the Sessions. We may give the Client the choice to vary the Session.
The Coach shall be notified of each Session by text message, email or via the Platform and has sole responsibility for monitoring text messages, emails or his account on the Platform for new Sessions. The Coach may reject a Session at its own discretion if the Coach raises a concern as to legitimacy or safety.
Unless rejected by the Coach within 36 hours or such longer timeframe (if any) specified on the Platform, the Session shall be deemed accepted by the Coach.
All Sessions must be made via the Platform will be one-on-one, unless otherwise agreed between the Client and Coach, and shall only be accessible by entering the users username and password.
All fees payable for the Sessions (Fees) are set out on the Platform and, unless otherwise indicated, are inclusive of VAT and subject to change at any time.
Payments of the Fees must be made in advance using the Stripe payment gateway (subject to applicable terms and conditions) by credit card or any other payment method specified on the Platform. Surcharges may apply for certain payment methods (currently a 2.9% surcharge for the use of non-EU cards). Clients will pre-authorise the charging of their card for the full amount of the Session when making the Session. Payment will only be taken from the card upon completion of the Session.
The Client warrants that there are sufficient funds on the relevant credit or debit card. WEMBY will be responsible for paying any Stripe fees relating to a Purchase.
We will charge Coaches a base fee and/or commission, at rates dependent on the type of services provided by the Coach as well as any relevant administrative charges, as set out on the Platform.
We may at our discretion offer promotional rates for Coaches and/or Clients, offering a discounted commission rate for a specified period of time and/or number of Sessions (Discount). If the Discount is for a specified period, and no Sessions are booked, it will be lost. A Discount may be withdrawn at anytime at our discretion.
We will provide the balance of any Fees to the Coaches following completion of the relevant Session, by electronic bank transfer at the end of each calendar month to the account specified by the Coach at the time of registration, or as otherwise notified to us in writing by the Coach.
No cash payments are allowed.
If any amount due remains unpaid, we may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
You agree to pay any duties or taxes with respect to the Sessions.
Should a Client wish to cancel a Session (Cancellation Request) without penalty they must do so via the Platform at least 24 hours in advance of the Session (Cancellation Period).
Cancellation Requests made less than 24 hours but no less than 6 hours before the Session entitles the Client to i) reschedule the Session for free or ii) receive a 50% refund.
Cancellation Requests made less than 6 hours before the Session entitles the Coach to reschedule the Session or to charge the Client in full.
Should a Coach wish to cancel a Session without penalty they must submit a Cancellation Request via the Platform at least 24 hours in advance.
Cancellation Requests made less than 24 hours but no less than 6 hours before the Session entitles the Client to reschedule the Session but not to receive a refund and entitles WEMBY to the commission owed by the Coach, even if the Session is not rescheduled.
Cancellation Requests made less than 6 hours before a Session entitles the Client to refuse a rescheduling of the Session and to request a full refund and entitles WEMBY to request from the Coach any amounts refunded to the Client in addition to Commissions owed as if the Session had taken place.
Clients and Coaches shall be notified of any Cancellation Requests via the Platform and it is their responsibility to check their account for any notifications to this effect.
Any refund may be made up to 30 days after notice is given.
We reserve the right to amend our cancellation charges policy at any time.
This cancellation and refund policy does not affect any rights at law, including under the Consumer Protection Act 1987, which cannot be excluded or limited.
It is a condition of use that:
you are over the age of 18 (or a Client over the age of 13 and using the App under the supervision of a parent or legal guardian);
you have authority to use the payment method used to complete any Session;
you register on the Platform for any Sessions;
you only use the Platform for lawful purposes;
you do not engage in any defamatory, improper, indecent or offensive behaviour;
you are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Platform;
you will treat the Platform and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation or insulting (as determined by us);
you must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform; and
(i) you do not breach any of the Terms.
By using the Platform, you warrant and represent that you will not directly or indirectly circumvent the Platform and that all Sessions will be booked in accordance with these Terms. Without limitation, Clients and Coaches must not contact each other directly or book Sessions outside of the Platform for a period of 6 months after any Session.
You agree and warrant that you will not solicit a user of the Platform to join another competing Platform.
You indemnify us for any loss or damage we suffer as a result of your breach of this clause.
In order to use the Platform, you are required to have a compatible mobile phone and the necessary minimum system specifications, including Apple iOS devices. The App software may be upgraded to add or remove support for new functions and services.
You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability.
We accept no responsibility for the unavailability of this Platform, or any offer of Sessions found on the Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure), and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
We make no guarantees, implied or express, as to the ongoing availability of the Platform or Sessions.
The Platform and all content on the Platform (including any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Client or any Coach) is the copyright and property of WEMBY and can be used for any purpose relating to the Platform or the business of WEMBY. Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
replicate or use the details and profiles of any Coach or Client;
replicate all or part of the Platform in anyway; or
incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
We have the moral and registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
All content remains the Intellectual Property of WEMBY.
You hereby grant us and our affiliates a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, copy, distribute and incorporate into the Platform your business name(s), trademarks, service marks or logos) or other intellectual property you share with us in connection with the Platform and for marketing and promotional purposes in connection with our business.
All content published by WEMBY and/or any Client or Coach on the Platform (including any blog section, public comments, feedback or ratings) is for informational purposes only. We make no representations as to the accuracy or completeness of any content included on the Platform.
We will not be liable for any losses, injuries, or damages from the display or use of the content on the blog section of the Platform.
This Platform may contain general information relating to various wellness and medical issues and their treatment. Such information is provided for informational and educational purposes only and is not intended to replace discussions with a Coach. Additionally, the information contained herein should not be used for diagnosing a health condition or fitness problem.
Through the Platform, we do not issue prescriptions for any medical treatment, nor do we provide any psychiatric services. Should a Coach issue a medical prescription or provide psychiatric services to a Client via the Platform, they warrant that they are qualified and authorised to do so and shall be responsible for and accept all liability in respect of such services.
All decisions about the treatment and management of any conditions must be made in consultation with a Coach.
THIRD PARTY SERVICES, WEBSITES & ADVERTISING
The Platform may utilise the services of third parties to deliver the Platform and Sessions, including:
Video Conferencing capabilities, supported by “appear.in”.
Messaging capabilities, supported by “sendbird”.
Use of third party services remains subject to applicable terms and conditions, which we do not control.
The Platform may from contain information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the services provided by, information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
You agree that you use the Platform at your own risk.
You acknowledge that we are not responsible for the conduct or activities of any Client or Coach and that we are not liable for such under any circumstances.
Coaches are self employed and are solely responsible for the quality and outcome of the Sessions. We act as an agent to introduce the parties and we accept no liability whatsoever in relation to the Sessions that are provided.
If you are provided with a username and password to access the Platform, it is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who is utilising it, whether with or without your permission.
You acknowledge that in using the Platform and in relation to the supply of Sessions you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.
In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Sessions (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise
Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987, the Consumer Contracts Act 2013 and the Consumer Rights Act 2015 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option, to the re-performance of Sessions or payment of the total value of the relevant Session.
In all circumstances, you agree that any liability of WEMBY shall not exceed the value of the Session you placed using the Platform.
We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform or Sessions.
Coaches and Clients may terminate their use of the Platform at any time. Provided that for Coaches there are no Sessions scheduled and that for both Coaches and Clients there are no Fees left outstanding.
Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.
You can contact our Client service team by email (firstname.lastname@example.org).
You can direct notices, enquiries, complaints and so forth to us by using any other details published on the Platform. We will notify you of a change of details by publishing new details on the Platform.
We will send you notices and other correspondence to the email address that you submit to the Platform, or that you notify us of. It is your responsibility to update your contact details as they change.
A consent, notice or communication under these Terms is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
We may at our absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
Any provision of these Terms, which are considered invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms. The parties will negotiate in good faith to replace any ineffective provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
These Terms and any non-contractual obligations arsing therefrom are governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the courts in England.