TERMS OF SERVICE

Welcome to TMS - The Male Therapist Massage & Skin of Melbourne!

Thank you for choosing TMS - The Male Therapist Massage & Skin, the massage service to book a professional therapeutic or remedial massage.

These Terms of Service (“Terms”) constitute a legal agreement between you and TMS - The Male Therapist Massage & Skin, (“TMS - The Male Therapist Massage & Skin”, “We”, “Us” or “Our”). These Terms govern your use of this website (the “Site”) and the services we provide in facilitating bookings for massage therapy treatment (“Services”). By using the Site or Services, you agree to abide by these Terms.

Please read these Terms carefully and thoroughly. If you do not accept these Terms, you must not make a booking for any massage therapy treatments.

ELIGIBLE USE

You confirm that you are of legal age to access and use the Site and/or the Services and of legal capacity to agree to these Terms. You are not eligible to use the Site or Services if you are under the age of 18.

PRICES & PAYMENT

Prices vary according to type and duration of treatment as described on the Site. Full payment is due upon booking of treatment session. Accepted payment methods are as described on the Site.

By making a Booking you agree to provide complete, correct and true information including billing and payment information.

CUSTOMER RESPONSIBILITIES

It is your responsibility to provide accurate information at time of Booking. Failure to provide correct information may result in, without liability to you, a rejection of booking request, cancellation of Booking or an inability of the booked therapist to provide treatment as requested. Such failure may also result in loss or incorrect delivery of email confirmation of your Booking. Cancellations due to inaccurate or incorrect client details are “strictly non-refundable.”

Once your Booking is accepted and confirmed, you will receive a confirmation email of your appointment.

By making a mobile Booking, you are responsible for:

• Deposit / Full payment as applicable

• Ensuring the therapist has access to your designated premises and suitable space and facilities in which the treatment can be performed, including adequate lighting and heating or cooling

• Ensuring the health and safety of the therapist whilst at your designated premises

CANCELLATION & REFUNDS - MELBOURNE CLINIC-BASED MASSAGE PRACTICE

You acknowledge that you do not have the right to cancel a Booking at least twenty-four (24) hours prior to the start time of your booking. However, you are entitled to cancel a Booking in accordance with the following:

1. If a consumer has, for example, changed their mind or found the service elsewhere at a cheaper price, they are not ‘entitled’ to a refund. TMS - The Male Therapist Massage & Skin does not have to provide a refund for a customer who changes their mind, orders the wrong service and/or wants to request photos of the practitioner and decides they don’t like their appearance. This is at the discretion of the business; or

2. At least twenty-four (24) hours prior to the start time of your booking we will happily refund, at our discretion and less a fee of $50, reschedule your appointment or issue a credit note. This credit note can be used to offset against future purchases within a 3-month period from the date of purchase; or

3. If you are making the Booking within such thirty-six (36) hour period, within ten (10) minutes of you having confirmed that you want to make the Booking ("Grace Period"), at our discretion and less a fee of $50.

If you cancel a Booking within thirty-six (36) hours prior of the start time of your Booking or, where relevant, after the Grace Period has elapsed, we will charge you 100% of the booking.

You will be charged the full Booking fee if you:

1. Cancel a Booking other than permitted above

2. Attempt to cancel a Booking on or after the appointment time

3. Fail to attend a Booking at the appointment time and/or at the correct location

We charge a full booking fee to compensate the therapist because the therapist will unlikely be able to make another booking where you cancel with short or no notice.

EXTENSIONS AND DELAYS

If you wish to extend the time you have booked, the therapist will endeavor to fulfill your request subject to availability.

If you are delayed and unable to meet your booked appointment time in excess of 10 minutes, you may be unable to receive your full allotted treatment time since this shall be subject to the therapist’s availability. In case of such delay, you may be charged additionally in accordance with applicable rate for any extra time as a result of your delay.

ARRIVE AT YOUR APPOINTMENT ON TIME

Welcome to TMS - The Male Therapist Massage & Skin. Please arrive on time at your appointment and not early. TMS - The Male Therapist Massage & Skin would like to remind your that we are a private clinic massage practice. Please have the courtesy to allow our staff to set-up for your massage appointment. Please do not arrive before your appointment time.

ZERO TOLERANCE POLICY

At TMS - The Male Therapist Massage & Skin, we ensure that our clients and guests enjoy a peaceful and quiet massage treatment. We treat our clients and guests with courtesy and respect and ask that you do the same. Our staff have the right to carry out their work without violence, abuse or harassment. Any behaviour, verbal or physical, which causes staff to feel uncomfortable, embarrassed or threatened, is totally unacceptable. We have a client or guest behaviour policy on which we have zero tolerance, and we enforce it strictly.

TMS - The Male Therapist Massage & Skin reserves the right to remove any client or guest from our premises and cease providing massage services (applies away from our premises - mobile massage). We will not issue a refund if the customer or guest is in breach of our zero tolerance policy.

The Zero Tolerance policy includes aggression or threats made in person, by telephone, or by written communication. TMS - The Male Therapist Massage & Skin will consider threatening behaviour to be:

• Attempted or actual aggressive, threatening physical actions made towards any staff member.

• The use of aggressive, threatening or abusive language that threatens or intimidates staff (including raising the voice, swearing and cursing, and shouting).

CANCELLATION & REFUNDS - NATIONAL TRAVEL

We respect that your time is valuable, and we appreciate that you understand ours is too.

Missed appointments represent a cost to us, and to other patients who could have been seen in the time set aside for you. They interfere with our massage business and create unnecessary scheduling problems for other patients during schedule appointments and travel dates.

Due to an increasing number of patients failing to show up for appointments, cancelling at short notice, changing their mind and arriving late for appointments, TMS - The Male Therapist Massage & Skin has found it necessary to implement the following policies:

• For national travel bookings outside of Melbourne, appointments are “strictly non-refundable.” The service contract cannot be cancelled or refunded.

CUSTOMER REFUND PROCESSING TIME

FRESHA (our merchant) submits refunds to your bank immediately. Depending on the bank's processing time, it can take anywhere from 5-10 business days to show up on your bank account. Allow more processing time during public holidays as banks are not operational.

In some cases, the refund might be processed as a reversal, meaning the original payment will disappear from the account statement entirely and the balance will reflect as though the charge never occurred.

If you do not see the refund after ten business days and you are still seeing the original charge on your bank statement, you should reach out to your bank for more information.

GIFT VOUCHERS & PACKAGES

• Gift Vouchers and Packages are valid until the expiry date specified and cannot be redeemed or replaced after this date. Any unused amount after the expiry date on a Gift Voucher or Package will not be credited or refunded.

• Gift Vouchers and Packages cannot be redeemed on Sundays or Public Holidays except where prior approval has been granted by TMS - The Male Therapist Massage & Skin and the current Sunday & Public Holiday pricing with surcharge/s will be applied.

• TMS - The Male Therapist Massage & Skin is not responsible for lost / stolen vouchers, and is not responsible for replacing a voucher that has been lost / stolen.

• Gift Vouchers and Packages are non-refundable and cannot be exchanged for cash.

• Gift Vouchers and Packages are not valid with any other offer and / or special at TMS - The Male Therapist Massage & Skin.

• Gift Vouchers and Packages must be used by one person in one visit. and are non-transferable.

• Packages can be booked daily but are limited to one client on any day.

COVID-19 PANDEMIC

COVID-19 Vaccination Policy

• Massage therapy can operate for fully vaccinated customers only. The new rules come into effect at 11.59pm on Thursday 21 October. Customers must share their proof of vaccination status during QR check-in at TMS - The Male Therapist Massage & Skin

• TMS - The Male Therapist Massage & Skin welcomes clients who have been fully vaccination against COVID-19. To be fully vaccinated, you need to have 2 doses of the same vaccine.Cancellations & Refunds

• Cancellations due to Government lockdowns or temporary closure due to COVID-19 exposure are “strictly non-refundable.” Appointments can be rescheduled.

• In the current, fast moving climate, your appointment may need to be rescheduled with short notice. If this happens, a new time will be found in line with any government guidance.

PROHIBITED USE

You must not use the Site or the Services to do any of the following which is strictly prohibited:

• Engage in any inappropriate behavior including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behavior.

• Restrict or inhibit any other user from using and enjoying the Site or Services;

• Infringe the privacy rights, property rights, or other civil rights of any person;

• Harass, abuse, threaten or otherwise infringe or violate the rights of therapists, TMS - The Male Therapist Massage & Skin (including its employees and personnel) or others;

• Harvest, data-mine or otherwise collect information about others, including e-mail addresses, without their consent.

• Use technology or other means to access our computer network, unauthorized content or non-public spaces;

• (Attempt to) introduce viruses or any other harmful code, files or programs that interrupt or otherwise or limit Site’s or Services’ functionality;

• (Attempt to) damage, disable or otherwise impair our servers or networks;

• Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Site or Services for unlawful or unauthorized purposes. You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to the Site and Services.

INTELLECTUAL PROPERTY

TMS - The Male Therapist Massage & Skin, the TMS - The Male Therapist Massage & Skin logo, brand and all other trademarks, service marks, graphics and logos used in connection with the Site or the Services are our trademarks, registered or unregistered, protected by intellectual property law. No marks may be copied, imitated or used, in whole or in part, without our express prior written consent. All rights are reserved.

DISCLAIMER

We facilitate booking of treatments only. We are not liable or responsible for fulfilment of any booking or performance of the therapist or massage therapy service provider.

Nothing contained on the Site or communicated via the Services constitutes, or is meant to constitute, advice of any kind. We are not a health care provider nor do we provide medical advice or medical treatment. References in the Site and via the Services to “Treatment” and “Therapy” do not refer to medical treatment or medical therapy. The information presented on the Site and via the Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.

We make no guarantee that the Site or Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of the Site or Services.

LIMITATION OF LIABILITY

By using the Site or Service, you agree to hold TMS - The Male Therapist Massage & Skin free from liability or responsibility for any damage that might arise out of the transaction between you and any therapists or massage treatment service providers. TMS - THE MALE THERAPIST MASSAGE & SKIN SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICES OR ANY THERAPISTS OR MASSAGE TREATMENT SERVICE PROVIDERS. TMS - THE MALE THERAPIST MASSAGE & SKIN SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.

We are not liable or responsible for any errors in or failure to provide Services due to your error or failure to provide accurate and complete information.

We do our best to keep disruptions to a minimum, however we may temporarily suspend the Site and Services from time to time. This may be due to maintenance, other administrative purposes or circumstances which are beyond our control including but not limited to Acts of God, natural disasters, power failure, failure of any telecommunications or other data transmission system. We shall not be liable in these circumstances.

To the maximum extent permitted by law, our liability shall be limited to the number of fees paid by you for a particular service requested.

USE OF THIS SITE AND SERVICES IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVING OR PROFITS, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES.

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of TMS - The Male Therapist Massage & Skin, fraud or fraudulent misrepresentation by TMS - The Male Therapist Massage & Skin, or any matter which it would be illegal or unlawful for TMS - The Male Therapist Massage & Skin to exclude or limit, or to attempt or purport to exclude or limit, its liability.

INDEMNITY

You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Site and/or Service or otherwise from your violation of these Terms.

MODIFICATION & TERMINATION

We may modify these Terms including fees and charges for Services or terminate use of the Site or Services at any time by giving notice of termination to you. We may also change, suspend, terminate or discontinue any aspect of the Site or Services including availability of certain features at any time for any reason.

SEVERABILITY

If any provisions of these Terms are deemed or become invalid, the validity of the other provisions shall not be affected.

GOVERNING LAW & JURISDICTION

You agree that these Terms for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the nonexclusive jurisdiction of the Victorian courts as regards any claim or matter arising under these Terms.