Practitioner Terms & Conditions

Effective from 30th October 2025

1. These Terms and Conditions

1.1 These terms and conditions (referred to as “these Terms” or “this Agreement”) form a legal agreement between you, a Practitioner (referred to as “you” or “your”), and Exmouth Healing Centre Limited, a company registered in England and Wales under company number 16506918, with its registered office at 37 The Strand, Exmouth, United Kingdom, EX8 1AQ (referred to as “we”, “us”, or “our”). If you have any comments, queries, or suggestions about the Platform or the Website, you may contact us at this address or via email at [email protected].

1.2 We have developed an online booking platform (the “Platform”), accessible via our website (the “Website”), through which you may book Treatment Rooms or the Studio, subject to these Terms. This enables you to provide your own treatment services (“Your Treatment Services”) to your clients.

1.3 As outlined in Clause 5, Your Treatment Services are provided solely by you. We do not offer or endorse any treatment services, and we are not a party to any agreement between you and your clients. You are fully responsible for the terms, delivery, and outcomes of Your Treatment Services. Our role is limited to providing access to the Platform and the Centre, subject to availability, payment of applicable charges, and compliance with these Terms.

1.4 Please read these Terms carefully. By accessing or using the Platform (including allowing others to do so on your behalf), or by completing your registration in accordance with Clause 2, you confirm your agreement to be bound by these Terms.

1.5 These Terms were last updated on 30^th October 2025.

1.6 Unless otherwise defined in this Clause 1, capitalised terms shall have the meanings set out in Clause 28.

2. Registration and Set-Up

2.1 To book a Treatment Room or the Studio through the Platform, you must first register via our Website.

2.2 We reserve the right to decline any registration request at our sole discretion and without obligation to provide a reason.

2.3 To register as a Practitioner and access the Platform, you agree to provide all relevant details we request, including your name, address, business contact information, website, email address, telephone number, username (which may need to be changed if unavailable), password, and any other contact details we may require. You must also provide all documentation that satisfies our Treatment Services Requirements. We may request additional information from time to time. For details on how we use your personal data, please refer to our [Privacy Policy].

2.4 You must choose a secure password that cannot be easily guessed. You are responsible for keeping your password confidential and secure. If you suspect that your password has been compromised or that there has been any unauthorised use of your account, you must immediately change your password using the Website’s functionality and notify us. You agree that any person to whom your username or password is disclosed is authorised to act on your behalf in accessing and using the Platform and Website. You are fully responsible for maintaining the confidentiality of your password and for ensuring that anyone accessing the Platform or Website via your credentials complies with these Terms. You agree to change your password regularly and whenever we request.

2.5 Access to the Platform and its booking functionality will begin once we notify you by email that your registration as a Practitioner has been accepted. Until then, any profile information you provide will be considered preparatory and will not activate Platform access.

2.6 Registration as a Practitioner is only available for business use, including sole traders, partnerships, or limited companies. Personal or non-business use of the Centre is not permitted.

3. Bookings

3.1 Subject to your successful registration as a Practitioner in accordance with Clause 2, we will use reasonable endeavours to make available a facility via the Platform that enables you to book the Treatment Rooms or the Studio. All bookings are subject to availability, payment of the applicable Charges in accordance with Clause 7, and your full compliance with these Terms.

3.2 The Treatment Rooms and the Studio are bookable in hourly slots. Unless otherwise communicated by us (including via the Website), bookings will incur the Charges displayed on the Platform, which must be paid in advance to secure your booking.

3.3 We aim to support Practitioners who require specific room adjustments. If you have particular requirements, you must contact us in advance to discuss feasibility. While we will make reasonable efforts to accommodate such requests, we cannot guarantee that specific adjustments or customisations will be possible.

3.4 You are responsible for inspecting the Centre prior to your booking to ensure that the facilities meet your professional and practical requirements.

3.5 You agree to provide all information, assistance, and co-operation we reasonably request in order to confirm and process your booking.

3.6 Available dates, times, and applicable Charges will be displayed on the Platform. We aim to publish this information up to six months in advance. While we strive to keep this information accurate and up to date, you acknowledge that there may be delays in updating live availability or Charges. In such cases, the actual availability and Charges will be as communicated to you directly by us.

3.7 The Centre’s standard operating hours for bookings are from 07:30 to 21:00 local time in England, seven days a week, unless otherwise stated or if the Centre is closed. These hours may be updated from time to time and will be reflected on the Website.

3.8 You must pay the relevant Charges in accordance with Clause 7 in order to confirm your booking.

3.9 You agree to vacate your allocated room no later than the end of your booked slot. You must leave the Treatment Room or Studio (as applicable) in a clean, tidy, and ready condition for the next user.

3.10 We make no warranty or representation regarding the number of Clients who will use Your Treatment Services, whether Clients will attend their appointments, or whether you will have any Clients at all. Please refer to Clause 5 for more information about your relationship with Clients and your responsibilities toward them.

4. Cancellations

4.1 You may cancel bookings up to two Business Days prior to the scheduled booking date to be eligible for a full refund of the Charges.

4.2 Cancellations made less than two full Business Days before the scheduled booking time are non-refundable.

4.3 If you wish to cancel a booking, you must provide notice in accordance with the notice requirements set out in Clause 24 of these Terms.

4.4 A cancellation or non-attendance by your Client does not constitute a cancellation of your booking with us and does not entitle you to a refund of the Charges.

4.5 We reserve the right to cancel bookings by providing a minimum of two Business Days’ notice to you in unusual circumstances. In exceptional circumstances — including but not limited to essential maintenance at the Centre or the need to accommodate a full booking of the entire facility — we may cancel bookings with immediate effect by notice to you.

4.6 If we cancel a booking under Clause 4.5, we will offer you either:

• A full refund of the Charges paid for the affected booking, or
• The option to reschedule your booking at no additional cost, subject to availability.

5. Your Treatment Services

5.1 You are solely responsible for promoting and marketing Your Treatment Services. This includes informing Clients of the types of services offered, session timings, pricing, location, and any other relevant details.

5.2 You must comply at all times with the Treatment Services Requirements, which may include limitations on the types of services you may offer at the Centre and how those services are delivered.

5.3 Without prejudice to any other rights available to us under these Terms, if you fail to comply with the Treatment Services Requirements, or cease to comply with them, we may suspend your access to the Platform and the Centre with immediate effect by notifying you.

5.4 We are not a party to any bookings, arrangements, meetings, or communications between you and any Client or prospective Client. All such interactions are governed by Your Terms of Service and any other terms agreed directly between you and the Client. You must ensure that your Client agrees to Your Terms of Service, including any specific conditions or payment terms, before confirming an appointment.

5.5 If you offer products or services on behalf of a third party, you acknowledge that the relevant third party may have its own terms and conditions. You agree to comply with those terms and require your Clients to do the same. We are not a party to any relationship between you and such third parties.

5.6 A binding legal arrangement between you and a Client is deemed to exist once you and the Client have agreed to proceed. This arrangement is entirely between you and the Client. The Platform and Website are provided solely to facilitate your booking of Treatment Rooms or the Studio. You are responsible for providing your Clients with Your Terms of Service and for complying with all Applicable Laws. We are not responsible for cancellations or any other aspect of Your Treatment Services, including any acts or omissions of Clients or recipients of Your Treatment Services.

5.7 You are responsible for your Clients while they are at the Centre. We are not liable if Clients fail to respect your privacy, confidentiality, or security, or if you disclose personal information about yourself or others. You must take all necessary steps to verify the identity and suitability of your Clients and to protect yourself and others before entering into any booking, arrangement, meeting, or communication.

5.8 You acknowledge and agree that:

• 5.8.1 We are not responsible for the accuracy, quality, safety, or legality of any Client’s actions or omissions.
• 5.8.2 We do not guarantee that Clients will cooperate with you.
• 5.8.3 Any session, arrangement, meeting, or communication between you and a Client is entirely at your own risk.
• 5.8.4 We shall have no liability whatsoever in respect of any Client booking, arrangement, meeting, or communication, or any Client’s failure to comply with such.
• 5.8.5 We shall have no liability for any act or omission of any third party (including any Client).
• 5.8.6 We shall not be liable for any loss, damage, injury, cost, expense, fine, claim, or proceeding incurred by any person (including death, personal injury, property damage, or financial loss) arising out of or in connection with any booking, arrangement, meeting, or communication — including any failure or delay in providing or receiving services or products, or errors in information provided by any third party. This is subject to Clause 16.1, which sets out the extent to which we may not exclude liability.

5.9 You agree to honour all bookings and arrangements made with Clients, including being available and delivering Your Treatment Services at the agreed times and to the standards promised.

5.10 You must deliver Your Treatment Services to a consistently high standard and in a manner that reflects positively on the Centre. You must not give Clients any reason to leave negative feedback about you or Your Treatment Services, whether due to quality, timeliness, or any other factor.

6. Commencement and Duration

6.1 This agreement shall commence on the Commencement Date and shall remain in effect for as long as you continue to use the Platform or the Centre, unless and until terminated in accordance with these Terms.

6.2 Your right to access and use the Platform and the Centre shall cease if:

• 6.2.1 This agreement is terminated at any time in accordance with Clauses 16.5, 17, or 21; or
• 6.2.2 Either party provides the other with no less than 30 days’ written notice to terminate this agreement, such notice to take effect at any time.

7. Charges and Payment

7.1 To book a Treatment Room or the Studio via the Platform, you must pay the applicable Charges in advance. Payment is facilitated through our designated third-party payments provider.

7.2 All sums payable under these Terms:

• 7.2.1 Are exclusive of value added tax (VAT), other applicable sales taxes, and any charges imposed by the third-party payments provider. These amounts, if applicable, will be added to the total and must be paid at the same time.
• 7.2.2 Must be paid in full without any deductions (including deductions for income tax, corporation tax, or other charges or duties), except where you are legally required to deduct withholding tax.

7.3 If you fail to make any payment under these Terms, your booking will not be confirmed.

7.4 You agree that Charges are payable in accordance with Clause 7.1 regardless of whether any appointment between you and a Client takes place.

7.5 Termination or expiry of this agreement, however arising, shall not affect your obligation to pay any Charges incurred prior to termination or expiry.

8. Your Obligations

8.1 You must promptly comply with all reasonable and lawful instructions from us regarding your use of and interaction with the Platform and the Centre.

8.2 You are solely responsible, at your own expense, for understanding and complying with all Applicable Laws, rules, regulations, contracts, and bookings with Clients and third parties that relate to Your Treatment Services. This includes any changes to such laws or requirements over time, and obtaining and maintaining all necessary licences, registrations, permits, and approvals.

8.3 You agree to comply with all Mandatory Policies issued by us from time to time.

8.4 You have no authority to bind us in any way, and must not hold yourself out — or permit any other person to hold themselves out — as having such authority. You must not do anything that might reasonably create the impression that you or any other person is authorised to act on our behalf.

8.5 You must not make or enter into any contracts, commitments, or liabilities on our behalf, including in relation to Your Treatment Services.

8.6 During the term of this agreement, you must not engage in any activities that are similar to or compete with those of the Platform, the Website, or the Centre.

8.7 You must not use our name, logo, or trademarks in any marketing materials without our prior written consent. This includes any materials owned or licensed by us.

8.8 You must, at your own cost, obtain and maintain insurance with reputable insurers for the duration of this agreement and for a period of six (6) years thereafter. This insurance must cover all costs and liabilities that may arise from Your Treatment Services, including but not limited to professional indemnity insurance and public liability insurance. Upon request, you must provide evidence of such insurance, including copies of policies or certificates and proof of premium payment.

8.9 We reserve the right to request, at any time, evidence of your professional qualifications, certifications, insurance documentation, or any other credentials relevant to the provision of Your Treatment Services. You agree to provide such documentation promptly upon request. Failure to do so may result in suspension or termination of your access to the Platform, Website, or Centre.

9. General Rules

9.1 You agree to use the Platform, Website, and Centre in accordance with these Terms and any other rules provided to you or posted on the Website that apply to all Treatment Providers, as updated by us from time to time.

9.2 You must not interfere with any other Treatment Provider offering their Treatment Services at the Centre. You acknowledge that we may restrict, in whole or in part, your ability to view Treatment Services offered by other Treatment Providers.

9.3 You agree not to cause any Client or other Treatment Provider any loss or liability, or interfere with their use of the Platform, Website, or Centre.

9.4 You agree to use Client information strictly in accordance with applicable Data Protection Legislation. You must provide each Client with a privacy policy and any other documents required by law to explain how you use their data. You must obtain all necessary consents before using any Client’s photographs, quotes, reviews, or similar materials for your business purposes.

9.5 We will use reasonable endeavours to correct any errors or omissions in the Platform or Website as soon as practicable after being notified. However, we do not guarantee that the Platform or Website will be free from faults, and we accept no liability for any errors, omissions, or faults. The Platform is provided “as is” without warranty or assurance of performance. Faults should be reported immediately via email to [email protected].

9.6 You must ensure that all Material provided by or on your behalf to us, the Platform, the Website, or Clients is true, complete, and accurate. You must promptly inform us of any changes to such information and make any necessary updates directly with your Clients.

9.7 If you access the Platform or Website from outside the United Kingdom, you do so entirely at your own risk. We make no representation that the Platform or any services referred to on the Website are available or suitable for use outside the UK.

9.8 We do not warrant that your use of the Platform or Website will be uninterrupted, or that any information, messages, or postings transmitted via the Platform or Website will be delivered accurately, reliably, or in a timely manner.

9.9 We do not warrant that the Platform or Website is free from viruses or other harmful components.

9.10 While we aim to provide uninterrupted access to the Platform and Website, access may be suspended or restricted at any time for any reason, including maintenance or the introduction of new functionality or content. We will attempt to restore access as soon as reasonably possible.

9.11 You agree to comply at all times with any instructions for use of the Platform and Website set out in these Terms or communicated to you via the Website or otherwise.

9.12 Nothing on the Platform or Website constitutes advice specific to your circumstances or a recommendation.

9.13 We accept no responsibility for the content or services of any external websites linked to or from the Platform or Website. Such links are provided “as is” without warranty, express or implied.

9.14 You must not frame any part of the Platform or Website onto another website without our prior written consent, which may be withheld at our absolute discretion.

9.15 You must not, and must not permit or encourage others to, directly or indirectly, engage in any of the following prohibited uses of the Platform or Website:

• 9.15.1 Sending or receiving material that is offensive, harassing, threatening, malicious, abusive, indecent, obscene, pornographic, menacing, vulgar, blasphemous, defamatory, in contempt of court, in breach of confidence, or that infringes intellectual property or privacy rights.
• 9.15.2 Posting inaccurate, incomplete, or misleading material, including unfair or inaccurate feedback about Clients or other Treatment Providers.
• 9.15.3 Using the Platform or Website in breach of any Applicable Laws, licences, registrations, permits, or authorisations.
• 9.15.4 Using the Platform or Website for any fraudulent, criminal, or unlawful purpose, or inciting others to do so.
• 9.15.5 Impersonating any person or misrepresenting relationships.
• 9.15.6 Acting in a racist, sexist, or discriminatory manner.
• 9.15.7 Inciting hatred against any ethnic, religious, or protected group, or otherwise adversely affecting individuals or entities.
• 9.15.8 Acting in a way we consider contrary to our interests.
• 9.15.9 Reselling or attempting to resell any part of the Platform or Website.
• 9.15.10 Providing false Material, including fraudulent contact details or payment information.
• 9.15.11 Circumventing security measures, accessing unauthorised data or accounts, or probing other networks.
• 9.15.12 Transmitting viruses, trojans, trap doors, or other harmful code.
• 9.15.13 Imposing an unreasonable or disproportionate load on our infrastructure.
• 9.15.14 Interfering with the proper functioning of the Platform or Website.
• 9.15.15 Using the Platform or Website for advertising except as expressly permitted.
• 9.15.16 Executing network monitoring to intercept data not intended for you.

9.16 Our services do not include the provision of hardware or internet access. You are responsible for your own connectivity and telecommunications costs.

9.17 We do not warrant that the Platform or Website will be compatible with your hardware or software. Although we may implement security measures, we accept no liability (subject to Clause 16.1) for damage, viruses, or other code affecting your equipment, data, or property, or for third-party breaches of security.

10. Material

10.1 As between you and us, you shall retain ownership of any Material you submit to us, the Platform, or the Website. You hereby waive any moral rights in such Material and grant us a royalty-free, perpetual, irrevocable, assignable, sub-licensable, worldwide, non-exclusive licence to use, copy, modify, edit, adapt, translate, publish, and distribute such Material at our absolute discretion for any purpose whatsoever (including display on the Platform and Website, and for marketing and promotional purposes), except where the Material clearly constitutes private correspondence.

10.2 You warrant that you have all necessary rights or licences to submit such Material to us, the Platform, the Website, or any Client, and to permit us to use the Material as required to perform our services and fulfil our obligations under these Terms.

10.3 We are under no obligation to monitor or pre-screen any Material submitted by any person. However, we reserve the right, at our absolute discretion, to block access to, omit, remove, suspend, or edit any Material you transmit, post, or send to us, the Platform, or the Website (whether temporarily or permanently), in whole or in part, if in our reasonable opinion it may breach these Terms or give rise to liability for us or any third party.

11. Intellectual Property Rights

11.1 Except as expressly permitted elsewhere in these Terms and subject in particular to Clause 12, all intellectual property rights of any nature, anywhere in the world — including copyright, database rights, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements), whether registered or unregistered — in the Platform and the Website, and in all information, content, and material accessible from or contained within them, including any database operated by us, the software on the Website, and all Website design, text, graphics, and their selection and arrangement, as well as all software compilations, source code, applets, and scripts, shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to such intellectual property rights. All rights not expressly granted by us are reserved.

11.2 None of the material described in Clause 11.1 may be reproduced or redistributed without our prior written permission, except as expressly permitted elsewhere in this agreement. You may retrieve and display content from the Website on a computer screen, store such content electronically on disk (but not on any server or networked storage device), or print one copy for your own personal, usual business use in relation to Your Treatment Services, provided that all copyright and proprietary notices remain intact. You must not otherwise reproduce, modify, copy, distribute, or use any materials or content from the Website for commercial purposes without our permission.

11.3 No part of the Platform, Website, or material described in Clause 11.1 may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission or as permitted by law.

11.4 If you quote from the Website, you must do so fairly and provide proper attribution to the author and to us, including a reference to the Website.

11.5 You acknowledge that all intellectual property rights (including goodwill) associated with our brands, trade marks, names, and logos are solely owned by us (or our licensors). All rights arising from the use of our brands, trade marks, names, and logos shall inure to our (or our licensors’) benefit, and all goodwill symbolised by them shall accrue to us (or our licensors). Other product and company names mentioned on the Website belong to their respective owners.

12. Licence

12.1 We hereby grant you, for the duration of this agreement and solely for the purpose of fulfilling the parties’ obligations under it, a non-exclusive, revocable, non-transferable licence — without any additional fee beyond those described in this agreement — to use:

• 12.1.1 The Platform and the Website in the manner permitted by this agreement; and
• 12.1.2 Any other intellectual property rights we make available to you (including brands, trade marks, names, and logos, whether registered or unregistered), in accordance with these Terms.

12.2 You must not use, or permit the use of, our branding, trade marks, names, or logos in connection with any sales or marketing promotion, brand, goods, or services other than as contemplated by this agreement, except with our express prior written consent.

12.3 You grant us, for the duration of this agreement, a royalty-free, non-exclusive, irrevocable, transferable licence to use your branding and any other information, documents, or materials you provide to us, solely for the purpose of fulfilling our obligations under these Terms.

13. Data Protection

13.1 We shall process any personal data you submit to us as necessary to fulfil our rights and obligations under these Terms, and in accordance with our [Privacy Policy], which can be found here: [insert hyperlink to privacy notice].

14. Indemnity

14.1 You must fully and promptly indemnify, and keep indemnified, us against all liabilities, losses, damages, injuries, costs, expenses, fines, demands, claims, and proceedings suffered or incurred by us, whether directly or indirectly, arising out of or in connection with:

• 14.1.1 Any claims or legal proceedings brought or threatened against us by any person in connection with your use of the Platform or the Website, your password, or any of Your Treatment Services;
• 14.1.2 Any breach of these Terms by you;
• 14.1.3 Any liability owed to any Client as a result of your acts or omissions; or
• 14.1.4 Your failure to comply with Clause 9.4 (Data Protection and Client Information); except to the extent that such liability arises due to our own breach of this agreement or our negligence.

15. Limitation of Liability

15.1 Nothing in these Terms shall limit or exclude the liability of either party for:

• 15.1.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable);
• 15.1.2 Fraud, fraudulent misrepresentation, or wilful default;
• 15.1.3 Liability under the indemnities contained in Clause 14.1; or
• 15.1.4 Any matter for which it would be unlawful to exclude or restrict liability.

15.2 Subject to Clause 15.1:

• 15.2.1 We shall not, under any circumstances, be liable under or in connection with this agreement — whether in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty, or otherwise — for:
  • (a) Loss of profit, sales, revenue, or business;
  • (b) Loss of anticipated savings;
  • (c) Loss of or damage to goodwill;
  • (d) Loss of agreements or contracts;
  • (e) Loss of opportunity;
  • (f) Loss of use or corruption of software, data, or information;
  • (g) Any loss arising from the lawful termination of this agreement or any decision not to renew its term; or
  • (h) Any indirect or consequential loss.
• 15.2.2 Our total liability in respect of all other loss or damage arising under or in connection with this agreement, in any 12-month period starting on the Commencement Date or any anniversary of it, whether in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty, or otherwise, shall in no circumstances exceed £5,000.

16. Force Majeure

16.1 Except for obligations relating to the payment of Charges, neither party shall be liable for any breach, hindrance, or delay in the performance of its obligations under or in connection with this agreement that is caused by any act, event, omission, or accident beyond its reasonable control. This includes, but is not limited to: acts of God; actions or omissions of third parties (including hackers, suppliers, couriers, governments, quasi-governmental, supra-national or local authorities); insurrection; riot; civil war; civil commotion; war; hostilities; threat of war; warlike operations; armed conflict; imposition of sanctions; embargo; breaking off of diplomatic relations; national emergencies; actual, threatened or suspected terrorism; nuclear, chemical or biological contamination; strikes; epidemic or pandemic impacts; fire; explosion; storm; flood; drought; adverse weather conditions; loss at sea; earthquake; volcano; ash cloud; natural disaster; accident; collapse of building structures; mechanical breakdown; failure of third-party software, infrastructure or communications; cyber-attack; disruption or failure of public utilities (including electricity, telecoms, water, gas, postal, courier, communications or internet); and shortages, delays, or inability to obtain supplies, equipment, or transportation (each an Event of Force Majeure), whether or not foreseeable.

16.2 Each party agrees to notify the other as soon as reasonably practicable upon becoming aware of an Event of Force Majeure, providing details of the circumstances and the expected duration.

16.3 The affected party’s obligations shall be suspended for the duration of the Event of Force Majeure, and the time for performance shall be extended accordingly.

16.4 Each party shall bear its own costs incurred as a result of the Event of Force Majeure.

16.5 If performance is delayed under this Clause, each party shall nevertheless accept performance as and when the other party is able to perform. If the Event of Force Majeure continues without interruption for more than 14 days:

• You may terminate this agreement by giving us no less than five Business Days’ notice; or
• We may terminate this agreement by giving you no less than 30 days’ notice. In either case, neither party shall have any further liability to the other by reason of such termination.

17. Termination

17.1 Either party may terminate this agreement with immediate effect by giving written notice to the other party if:

• 17.1.1 The other party commits a material breach of any term of this agreement which is irremediable, or (if remediable) fails to remedy that breach within 15 days of being notified to do so;
• 17.1.2 The other party repeatedly breaches any terms of this agreement in a manner that reasonably suggests it lacks the intention or ability to comply with its obligations;
• 17.1.3 The other party suspends or threatens to suspend payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts, or (if a company or LLP) is deemed unable to pay its debts under section 123 of the Insolvency Act 1986, or (if an individual) under section 268 of the Insolvency Act 1986;
• 17.1.4 The other party takes any step toward entering administration, provisional liquidation, a composition or arrangement with creditors (other than for a solvent restructuring), obtaining a moratorium, being wound up (unless for a solvent restructuring), having a receiver appointed over its assets, or ceasing to carry on business;
• 17.1.5 The other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or
• 17.1.6 The other party’s financial position deteriorates to the extent that its ability to fulfil the terms of this agreement is reasonably considered to be in jeopardy.

17.2 Notwithstanding Clause 16 or any other provision of these Terms, and without prejudice to any other rights or remedies available to us, we may suspend this agreement with immediate effect by giving written notice to you if:

• 17.2.1 You materially breach any of your compliance obligations set out in Clause 9;
• 17.2.2 You commit any act or omission intended to circumvent or undermine the Platform or the Website; or
• 17.2.3 You commit any act or omission which, in our absolute discretion, constitutes improper behaviour or discrimination towards any Client or towards us, including any breach of your obligations under Clause 9.

18. Consequences of Termination

18.1 Upon expiry or termination of this agreement, the following Clauses shall continue in force: Clauses 11, 14, 15, and 17 to 28 (inclusive).

18.2 Expiry or termination of this agreement shall not affect any rights, remedies, obligations, or liabilities of either party that have accrued up to the date of expiry or termination, including the right to claim damages in respect of any breach of the agreement that existed at or before that date.

18.3 Upon expiry or termination of this agreement, your right to use the Platform and your right to access the Centre for the purpose of providing Your Treatment Services shall immediately cease.

19. No Partnership or Agency

19.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute any party as the agent of another, or authorise any party to make or enter into any commitments on behalf of another party.

19.2 Each party confirms that it is acting on its own behalf and not for the benefit of any other person.

20. Entire Agreement

20.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

20.2 Each party acknowledges that, in entering into this agreement, it does not rely on — and shall have no remedies in respect of — any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not expressly set out in this agreement.

20.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement contained in this agreement.

20.4 Nothing in this Clause shall limit or exclude any liability for fraud.

21. Variations

21.1 Except as set out in the remainder of this Clause 21, no variation of this agreement shall be effective unless agreed in writing by both parties (or their authorised representatives).

21.2 We reserve the right to vary this agreement and any documents referred to in it at any time by notifying you. We will provide at least 30 days’ notice of any such variation (or longer if we consider it proportionate to the nature and extent of the proposed changes). If you do not wish to be bound by the variation, you may terminate this agreement with immediate effect by notifying us and ceasing use of the Platform, Website, and Centre. However, your continued use of the Platform, Website, or Centre after the variation takes effect will be deemed to constitute your acceptance of the variation.

21.3 We reserve the right to change, modify, substitute, or remove any information or service on the Platform or Website, or forming part of the services at the Centre, from time to time. We will provide at least 30 days’ notice of such changes (or longer if proportionate to the nature and extent of the proposed changes). If you object to the change, you may terminate this agreement with immediate effect by notifying us before the change takes effect. However, your continued use of the Platform, Website, or Centre after the change takes effect will be deemed to constitute your acceptance of the change.

21.4 The notice periods set out in Clauses 21.2 and 21.3 shall not apply where:

• 21.4.1 We are subject to a legal or regulatory obligation that requires us to make a variation, change, modification, substitution, or removal in a manner that does not permit adherence to the notice period;
• 21.4.2 We must make the change to address an unforeseen and imminent danger, including to protect us, the Centre, Clients, or Treatment Providers from fraud, malware, spam, data breaches, or other cybersecurity risks; or
• 21.4.3 The changes are purely editorial in nature, such as layout adjustments, and do not alter the content or meaning of any of the Terms.

22. Assignment and Other Dealings

22.1 This agreement is personal to you. You must not assign, transfer, mortgage, charge, subcontract, declare a trust over, or otherwise deal in any manner with any of your rights or obligations under this agreement.

23. No Automatic Waiver

23.1 No failure or delay by either party in exercising any right or remedy under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

23.2 No single or partial exercise of any such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

24. Notices

24.1 Any notice given under or in connection with this agreement must be in writing and sent:

• 24.1.1 By email — to [email protected] for us, and to the email address you provided during registration in accordance with Clause 2 for you; or
• 24.1.2 To the other party’s registered office, or to any other address specified in writing, and delivered:
  • (a) Personally;
  • (b) By pre-paid first class recorded delivery post; or
  • (c) By commercial courier.

24.2 A notice shall be deemed to have been received:

• 24.2.1 If sent by email, at the time of transmission to the designated email address;
• 24.2.2 If delivered by any other method, when it actually arrives at the designated address.

25. Third Party Rights

25.1 No person other than a party to this agreement, or their lawful successors and assignees, shall have any right to enforce any of its terms.

26. Governing Law

26.1 This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.

27. Jurisdiction

27.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

28. Definitions and Interpretation

The following definitions and rules of interpretation apply in this agreement:

• Applicable Laws: All laws, regulations, byelaws, codes of practice, statutory guidance, and other legal requirements applicable to the relevant party and their activities under this agreement, including consumer legislation, health and safety legislation, and the Data Protection Legislation.
• Business Day: Any day other than (a) Saturday, (b) Sunday, or (c) a bank holiday in England (as listed on www.gov.uk/bank-holidays).
• Centre: Our premises located at Exmouth Healing Centre, 37 The Strand, Exmouth, EX8 1AQ, from which we provide facilities that you may book in accordance with these Terms, including the Treatment Rooms and the Studio, for the purpose of providing Your Treatment Services.
• Charges: The fees (displayed on the Platform) that we charge you for each booking made through the Platform, plus any applicable VAT or other sales tax.
• Client: Any person to whom you provide Your Treatment Services.
• Commencement Date: The date you complete your registration in accordance with Clause 2.
• Data Protection Legislation: The UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and any other applicable laws and regulations relating to the processing of personal data and privacy, including guidance and codes of practice issued by the UK Information Commissioner’s Office (ICO), as amended, extended, or re-enacted from time to time.
• Event of Force Majeure: Has the meaning given in Clause 16.
• Mandatory Policies: Our mandatory policies and procedures set out in Schedule 1, as may be amended by us from time to time in accordance with Clause 21.
• Material: Any material, content, information, data, profiles, feedback, opinions, suggestions, portfolios, descriptions, documents, files, pictures, photographs, diagrams, designs, sketches, drawings, plans, specifications, lists, text, images, logos, graphics, names, or trade marks (in any form or media) uploaded or provided by you to us, the Platform, the Website, or a Client.
• Platform: The proprietary software platform through which we deliver the services described in this agreement (including booking functionality for Treatment Rooms and the Studio), accessible via the Website.
• Practitioner: Any individual who successfully registers with us in accordance with Clause 2 to book and use Treatment Rooms or the Studio in relation to the provision of Your Treatment Services.
• Studio: The designated area within the Centre, located to the left of the front entrance and divided from the café by a living wall, suitable for group sessions, movement-based therapies, or workshops.
• Treatment Provider: You, a professional treatment provider who wishes to provide services to Clients at the Centre.
• Treatment Room: One of three private rooms within the Centre, each of varied shape and size and equipped with different facilities suitable for individual treatments.
• Treatment Services: The various professional services and treatments provided by you.
• Treatment Services Requirements: Our mandatory requirements for Treatment Providers set out in Schedule 2, as may be amended by us from time to time in accordance with Clause 21.
• Website: Our website from which you may access the Platform, available at www.ExmouthHealingCentre.co.uk.
• Your Terms of Service: The terms of service you use with Clients.
• Your Treatment Services: The Treatment Services provided by you.

Interpretation

28.1 References to Clauses, Schedules, and Paragraphs are to clauses of, schedules to, and paragraphs within this agreement.

28.2 Clause, Schedule, and paragraph headings shall not affect the interpretation of this agreement.

28.3 The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. References to this agreement include the Schedules.

28.4 A reference to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

28.5 A reference to a company includes any company, corporation, or other body corporate, wherever and however incorporated or established.

28.6 Unless the context otherwise requires, words in the singular include the plural and vice versa.

28.7 Unless the context otherwise requires, a reference to one gender includes all genders.

28.8 Unless expressly stated otherwise, references to legislation or legislative provisions include any amendments, extensions, re-enactments, and subordinate legislation made from time to time.

28.9 References to writing or written include email.

28.10 Any words following “including,” “include,” “in particular,” “for example,” or similar expressions shall be construed as illustrative and shall not limit the meaning of the preceding words.

Schedule 1 – Mandatory Policies

Practitioners must comply with the following policies when using the Platform and the Centre. These policies are designed to ensure safety, professionalism, and a welcoming environment for all users and Clients.

We reserve the right to update or amend these policies from time to time in accordance with Clause 21.

1. Code of Conduct

Practitioners must:

• Treat all Clients, staff, and other Practitioners with respect and professionalism
• Maintain confidentiality and uphold ethical standards in all interactions
• Avoid any behaviour that may be disruptive, discriminatory, or unsafe

2. Health and Safety Policy

Exmouth Healing Centre is committed to maintaining a safe, clean, and respectful environment. Practitioners must:

• Familiarise themselves with fire exits and procedures
• Use incense, candles, or diffusers only with prior written approval
• Keep noise to a minimum and silence mobile phones during sessions
• Leave rooms clean and tidy after use
• Use shared equipment respectfully and return it clean
• Arrive and depart punctually, and behave professionally on site
• Cancel bookings with reasonable notice and avoid repeated no-shows
• Report any hazards, accidents, or incidents immediately
• Follow safeguarding procedures and report concerns to [email protected]
• Cooperate with any investigation or follow-up after incidents

3. Insurance Requirements

• Practitioners must hold valid professional indemnity and public liability insurance
• We may request evidence of insurance at any time (see Clause 8.6)
• Insurance must cover all services provided at the Centre

4. Qualifications and Credentials

• Practitioners must hold appropriate qualifications for the services they offer
• We may request evidence of qualifications or certifications at any time

5. Data Protection and Confidentiality Policy

Exmouth Healing Centre is committed to protecting personal data and maintaining confidentiality in accordance with the UK GDPR and Data Protection Act 2018.

Practitioners must:

• Handle Client data lawfully, fairly, and transparently
• Collect only the minimum data necessary for professional purposes
• Store data securely and protect it from unauthorised access or loss
• Not share Client data without explicit consent, unless legally required
• Respect Client confidentiality at all times, including during conversations on site
• Comply with the Centre’s Privacy Policy and any data protection guidance issued

If a Practitioner becomes aware of a data breach or confidentiality concern, they must report it immediately to [email protected].

6. Use of Wi-Fi

• Wi-Fi is provided for professional use only
• Practitioners must not use the network for unlawful or inappropriate activity

7. Use of Promotional Materials

• Practitioners may display business cards or flyers only in designated areas with prior approval
• Materials must be professional, accurate, and aligned with the Centre’s values
• We reserve the right to remove any materials at our discretion

Schedule 2 – Treatment Services Requirements

All Practitioners must comply with the following requirements when offering and delivering Treatment Services at the Centre or via the Platform. These standards are designed to ensure safety, professionalism, and consistency for all Clients.

We reserve the right to update or amend these requirements from time to time in accordance with Clause 21.

1. Service Accuracy and Integrity

• Treatment Services must be delivered in accordance with the description provided in the Practitioner’s listing.
• The nature, scope, and expected outcomes of the service must be clearly communicated to Clients.
• Practitioners must not make misleading claims or misrepresent their qualifications, experience, or results.

2. Appointment Management

• Practitioners must make every reasonable effort to attend scheduled appointments with Clients.
• Cancellations must be communicated promptly and professionally.
• Repeated missed appointments or late cancellations may result in suspension of booking privileges.

3. Qualifications and Professional Standards

• Practitioners must hold appropriate qualifications for the services they offer.
• Where applicable, qualifications must meet the standards of recognised professional bodies.
• Practitioners must provide evidence of qualifications upon request (see Clause 8.6).

4. Insurance and Registration

• Practitioners must hold valid professional indemnity and public liability insurance covering all services provided at the Centre.
• Practitioners must not offer services if they are uninsured, suspended, or struck off by a relevant professional body.
• We reserve the right to verify insurance status and professional standing at any time.

5. Professional Conduct

• Practitioners must maintain high standards of ethical and professional behaviour.
• Services must be delivered with care, respect, and sensitivity to Client needs.
• Practitioners must comply with all Mandatory Policies set out in Schedule 1.

6. Legal and Regulatory Compliance

• Practitioners must comply with all Applicable Laws, including those relating to health and safety, safeguarding, data protection, and professional regulation.
• Practitioners are responsible for ensuring their services are lawful and appropriately licensed or regulated.