‘website’ refers to www.mckagans.co.uk ‘Mckagans’ shall mean the Mckagans partnership registered at 17 Nuthatch Close, Billericay, CM11 2PQ. we/us or our’ refers to Mckagans. ‘booking service’ refers to the services set out in section 2 paragraph 1. ‘massage treatment’ refers to massage services provided by self-employed independent massage therapists. ‘you’ shall mean the booking service user. ‘massage provider’ shall mean independent self-employed sports massage therapists.
2. Acceptance of bookings as agent of the massage Provider
Mckagans accepts massage treatment bookings through our booking service and as such acts as a disclosed agent for self-employed independent massage providers. Mckagans itself does not provide massage treatments and is not a massage provider and as such Mckagans has no responsibility for the massage treatments that you book. Mckagans acts as an intermediary between you and the massage provider and you acknowledge and agree that the acceptance of massage treatment bookings by Mckagans acting as a disclosed agent for the independent massage provider gives rise to a contract for the provision of massage services between you and the massage provider and that Mckagans is not party to that contract.
3. Booking services
Mckagans provides booking services through its website. Our site allows you to browse through self employed independent massage providers and to purchase massage treatments from them. Our booking service allows you to choose your preferred massage provider, preferred day and time and will reserve that appointment for you. Your chosen therapist will then confirm that appointment with you via email and that confirmation will give rise to a contract between you and your chosen massage provider as set out in Section 2 Paragraph 3. Your payment details will be requested at the time of using our booking service and full payment will be collected at the time of the massage providers confirmation of your booking. For further payment information and details of our prices please see Section
4. In accepting bookings as an agent of the massage provider
5. Prices and payment
Our treatment prices are set at £65 per one hour massage treatment. Your payment details are requested at the point of making a booking on our website. We accept Visa, MasterCard, American Express other major credit cards and Apple Pay. Mckagans collects the treatment fee from you as an agent of the independent therapist whom we then charge a pre-agreed fee to for our booking services. We are entitled to deduct our fee from the treatment fee as per the terms of our individual agreements with each independent therapist. All treatment fees are exclusive of VAT. All credit and debit card payments need to be authorised by the card issuer. You will be requested to again verify your payment method every time you make a booking via our site and payment will be collected once the massage treatment is confirmed, please see Section 3. Whilst we take all reasonable steps to ensure your payment information remains secure we will not be legally responsible to you for any loss that you may incur should a third party gain unauthorised access to your information.
You are contractually entitled to cancel any booking you have made with a massage provider through us although you acknowledge that you do not have any statutory right to do so. Should you need to cancel your booking and provide us with 24 hours notice (24 hours from the start of the treatment time) then you will not be subject to a cancellation fee. You can cancel your booking via our site or via our helpline on 01277 652191. Should you need to cancel your booking within the 24 hour window prior to the start of your massage treatment two tiers of cancellation fees apply and these fees are in place to protect and compensate the massage provider. 1) If the booking is cancelled within 24 hours of the start time of the massage treatment but no later than 2 hours before the start of the massage treatment then a 50% cancellation fee will be retained by the massage provider. The cancellation fee being 50% of the massage treatment fee. 2) If the booking is cancelled with less than 2 hours notice before the start of the massage treatment then 100% of the massage treatment fee will be retained by the massage provider to reflect the fact that the massage provider can not provide another booking as you have cancelled with such short, or no, notice. The full treatment fee will also be retained by the massage provider under the following conditions: 1 You are not present at the designated time and location previously agreed. 2 You attempt to cancel your booking at the time of the agreed massage treatment or after. Mckagans reserves the right to waive a cancellation fee in circumstances where you can demonstrate that you were unable to cancel a booking due to circumstances beyond your control.
7. Delayed starts
To avoid a delayed start to your massage treatment please make sure you are ready and waiting for your massage provider at the agreed time. We do allow a five minute grace period for delayed starts. If you cause the start of your treatment to be delayed for longer than five minutes the massage provider is entitled to still end the treatment at the time agreed when you made the booking and no adjustment in payment will be made to reflect time lost to you. If the massage provider agrees with you to still provide the entire treatment time meaning that the end time will be later than agreed when the booking was made then the massage provider is entitled to receive an extra time payment by you which will be charged and paid for prior to the massage treatment starting. Our extra time is charged at a rate of £10 per 15 minutes.
8. Intellectual property
Mckagans, the Mckagans logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos displayed on our site are the registered and unregistered marks of Mckagans and are protected by intellectual property law. You may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property. All rights reserved.
You agree to indemnify Mckagans, its directors and employees harmless from any claims, liabilities, causes of action, demands, recoveries, losses, damages, or other costs or expenses of any kind, including legal fees, that arise from or relate to your use of our booking service or your use of the service obtained through our services.
10. Modification and termination
Mckagans reserves the right to change, terminate or suspend any part of our booking service at any time and for any reason. We may also modify our terms and treatment prices at any time. We also reserve the right to terminate use of our booking service at any time by giving notice of termination to you.
11. Applicable law and jurisdiction
This website, booking service, any content contained within and any contracts entered into as a result of using the booking service are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts. All contracts are conducted in English.
The services are provided ‘as is’ and ‘as available’. Mckagans makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services requested through the use of services or that the services will be uninterrupted or error free. Mckagans does not guarantee the quality, suitability, safety, or ability of the massage providers and you agree that the entire risk arising out of your use of the services remains solely with you. Mckagans is not responsible or liable for any failure to provide our booking services due to your failure to provide complete and accurate information. Mckagans is not responsible or liable for the quality, reliability or timeliness of the massage providers. You acknowledge and agree that we are not responsible for dealing with any claims or complaints against the independent massage providers or any massage treatment. We do however provide a customer service helpline where we endeavour to resolve complains and disputes as per Section 3. Mckagans is not a health care provider and the terms ‘treatment’ and ‘therapy’ used on our site do not pertain to medical therapy or treatment. The information contained on our site is not intended to take the place of professional medical care and you should always consult with a qualified medical professional should you have a medical issue.
13. Limitation of liability
Mckagans shall not be liable for personal injury, property damage, lost data or indirect damages related to or otherwise resulting from any use of the booking service and massage treatment services provided by massage providers. Mckagan shall not be liable for any damages, liability or injury arising out of your use of the services or for any delay