Each member and prospective member is asked to carefully read these rules which should be observed in the interests of maintaining the highest quality treatments.1.
1. Definitions
In these Rules, the following expressions shall have the following meanings unless the context otherwise admits.
“Member” means a member of the Your Nurturing Touch VIP Membership club.
“Members” means each and every Member from time to time.
“Membership Option(s)” means the membership type as chosen by each Member.
“Membership Tariff” means the published tariff (as the same may be revised from time to time by the Proprietor) relevant to the Membership Option of:-
(a) the joining fee and amount and frequency of membership subscription,
(b) the Member’s entitlement to access of treatments, and
(c) the additional discounts that may be enjoyed by a Member for a charge supplemental to the membership subscription.
“Proprietor” means Lucie Ellis of 142 Windsor Drive, Orpington, Kent BR6 6HQ.
2. Ownership
2.1 Your Nurturing Touch is owned by the Proprietor.
2.2 The Proprietor shall be responsible for providing all facilities that it may deem appropriate in accordance with these objects and rules.
2.3 The Members shall be under no financial liability by reason of the membership save to pay:-
2.3.1 any joining fee applicable to the Membership Option,
2.3.2 the membership subscription (which will be determined from time to time by the Proprietor),
2.3.3 at the rate from time to time determined by the Proprietor for the use or supply of any special facilities (including food and beverages) that may from time to time be provided by the Proprietor to the Member or that Member’s guest or guests, and
2.3.4 for additional treatments over each Member’s usage entitlements (relevant to the Membership Option) at the rate stated as the current rate applicable from time to time.
2.4 The Proprietor reserves the right at any time to:-
2.4.1 offer and maintain different types of membership with different entitlements included at different levels of joining fees and/or membership subscription, and
2.4.2 modify, curtail or vary the entitlements (including usage entitlement of any Membership Option) relevant to each membership type enjoyed by each Member whether under the Membership Option or otherwise.
2.4.3 introduce new treatments and change or remove existing treatments where they see fit.
3. Membership Entitlement
3.1 The Proprietor’s computer records shall be conclusive evidence of the record of the number of each Member’s treatments and the Member’s usage entitlement remaining (depending on the Membership Option).
3.2 Members must book treatments online at www.yournurturingtouch.co.uk
3.3 Treatments may be rescheduled by the Member with no less than 24 hours notice.
3.3 Failure to provide more than 24 hours notice of an appointment change or cancellation will result in the appointment being deducted from the members usage entitlement and no refund will be given.
4. Membership
4.1 Each Member shall be at least sixteen years of age. The acceptance of Members shall be at the sole discretion of the Proprietor who shall not be under any obligation to give reasons for refusal.
4.2 Applications for membership must be on the forms provided for that purpose and must be signed by each candidate for membership, and each Member warrants the accuracy of the information provided.
4.3 Membership numbers will be closely monitored by the proprietor to ensure that there are sufficient appointments available.
4.4 Members shall give a direct debit authorisation payable from each Member’s bank account in favour of the Proprietor and maintain such authorisation during their membership. The membership subscription relevant to the Membership Option shall be paid in such amount as shall from time to time be determined by the Proprietor and referred to in the Membership Tariff and shall at the option of each Member be paid either:-
(a) twelve months in advance by any payment method approved by the Proprietor, or
(b) by monthly payment by direct debit.
4.5 The membership subscription may be increased by the Proprietor at any time – save to the extent of any period for which it has been prepaid.
4.6 If the number of treatments taken by a Member in any twelve month period from the date or anniversary of the date that the Member joined falls short of that Member’s usage entitlement under the Membership Option – such Member shall not be entitled to any refund or credit, nor shall any credit be carried forward to any future period.
4.7 Any further treatments taken by a Member in any such twelve month period after such Member’s usage entitlement shall have been used up shall be charged to and paid by each such Member at the rate determined from time to time by the Proprietor, unless the Member then elects to change his Membership Option and pay the relevant enhanced membership subscription.
4.8 Membership is personal to each Member and is not transferable in any circumstances.
4.9 Each Member shall forthwith inform the Proprietor of any change of address.
5. Cancellation Policy
5.1 Your membership is intended to be for at least a year, however if your circumstances change you may cancel your membership at any time with a minimum of 14 days’ notice prior to the 1st day of the month in which you wish to cancel. If paying by direct debit the payments will continue to be debited on an on-going basis until you contact us in writing to discontinue your membership.
5.2 Should you cancel your membership within the membership year, the full retail price of any free joining gifts and any treatments used that have not been paid for by the monthly subscriptions will be charged.
5.3 Membership will be cancelled if at any time:-
5.3.1 a Member gives not less than 14 days’ notice in writing (or by fax or Email) addressed to and received by the Proprietor to such effect, or
5.3.2 a Member fails to pay or maintain his joining fee (or any instalment thereof) or his membership subscription within fourteen days of due date, or
5.3.3 the Proprietor gives notice in writing to a Member to such effect: the Proprietor reserves the absolute right to cancel the membership of any Member at any time without expressing any reason, or
5.3.4 the Proprietor gives notice to the Member to such effect on account of the failure of the Member to observe either the provisions of these rules or the reasonable direction of the proprietor.
5.4 The financial consequences of cancelation of a Member’s membership are:-
5.4.1 if a Member gives notice he shall remain liable to pay membership subscription for the calendar month in which the Member’s notice shall expire;
5.4.2 any unpaid balance of the full retail price of any products and treatments taken by the Member shall then be paid by the Member to the Proprietor.
6. Conduct & Use of Facilities
6.1 Each Member and their guests must behave quietly and with decorum at all times. Threatening or abusive behaviour will result in Membership being terminated with immediate effect.
6.2 There shall be no smoking on any part of the premises.
6.3 Each Member shall at all times observe the directions and recommendations made by the Proprietor in connection with the safe and hygienic use of the facilities. 6.4 In the event of any change in the Member’s medical condition, the Member will ensure they inform the therapist prior to receiving a treatment.
6.5 No Member shall book a treatment knowingly suffering from any medical condition that could cause illness, infection or injury to such Member or any other person using the premises.
6.6 The Proprietor reserves the right to refuse entry to or to eject Members or their guests should it think fit.
7. Dissolution
7.1 The membership may be dissolved by the Proprietor at any time, on terms that the unexpired portion of any membership subscription paid in advance shall be refunded to each Member.
8. Generally
8.1 Any notice that may need to be given to any Member may be given by posting a prepaid letter addressed to the Member (or sending the same to the Member by fax or electronic mail) to their last known address or by exhibiting such notice in a prominent place in the treatment room.
8.2 The Proprietor reserves the right at any time to change or add to any part of these rules on giving notice to Members and also to make and/or change a code of conduct that should be observed by Members and their guests at all times.
8.3 Unless the context otherwise admits in these Rules, the use of one gender shall include any other gender, and the use of the singular shall include the plural and vice versa. Rule headings shall be ignored in the interpretation of the Rules.
8.4 The Rules shall be governed by English law and the Proprietor and each Member consents to the exclusive jurisdiction of the English courts.
8.5 Without prejudice to the provisions of Rule 8.2, these Rules (together with any other documents directly referred to) embody the entire understanding of membership and of the rights and obligations of each Member.
8.6 Members are advised that:-
8.6.1 certain data on Members may be kept and processed by the Proprietor, including details of age, medical information and exercise history in relation to reasonable management and healthcare to which each Member consents.
8.6.2 Any change in direct debit date of more than three days or change in the amount or frequency of direct debit charge will be notified to the member at least ten days in advance of that change. Notification may be by prepaid letter addressed to the Member (or sending the same to the Member by electronic mail) to their last known address.
The Direct Debit Guarantee
This Guarantee is offered by all Banks and Building Societies that accept instructions to pay Direct Debits.
If there are any changes to the amount, date or frequency of your Direct Debit Your Nurturing Touch will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request Your Nurturing Touch to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
If an error is made in the payment of your Direct Debit by Your Nurturing Touch or your Bank or Building Society you are entitled to a full and immediate refund of the amount paid from your Bank or Building Society.
If you receive a refund you are not entitled to, you must pay it back when Your Nurturing Touch asks you to.
You can cancel a Direct Debit at any time by simply contacting your Bank or Building Society. Written confirmation may be required. Please also notify us.
