Terms & Conditions - CryoFix Wellness Ltd

Terms & Conditions

Part 1 – General Terms

  • About us

We are Cryofix Wellness Ltd, a company registered in England and Wales. Our company registration number is 13595047 and our registered office is at Nix Business Centre 2 Park Court, Premier Way, Romsey, Hampshire, England, SO51 9DH.

  • How to contact us

You can contact us by:

  • telephoning us at 01794337387;
  • emailing us at enquiries@cryofixwellness.co.uk; or
  • writing to us at Nix Business Centre 2 Park Court, Premier Way, Romsey, Hampshire, England, SO51 9DH.
  • Your information
    • Your contact details. If we need to contact you, we will do so using the contact details you provide to us when registering for an account, requesting a booking or purchasing a Membership Package, if these details change please let us know.
    • Our Privacy Policy. Our Privacy Policy can be found here. It explains what personal information we may collect from you as well as why we collect, store, use and share such information and your rights in relation to your information.
  • These Terms
    • What these Terms apply to. These terms and conditions (Terms) are split into parts as follows:
      • Part 1 – General Terms which applies when you book/use our services, when you subscribe to a Membership Package with us, when you access/use our website cryofixwellness.co.uk (Website) and when you download and use our web app (available on the Website);
      • Part 2 – Booking Terms which applies when you book/use our services;
      • Part 3 – Membership Package Terms which applies when you subscribe to a Membership Package with us;
      • Part 4 – Website Terms which applies when you access/use our Website and/or download or use our web app (available on the Website).
    • Why you should read these Terms. Please read the applicable part(s) of these Terms before using our Website or web app, requesting a booking to use our services or subscribing to a Membership Package with us. These Terms are important for you and us as they explain what we expect from each other and give lots of other helpful information.
    • Updates to these Terms. We do keep these Terms updated, and the latest version will be available on the Website, so do check them before you use the Website or web app, request a booking or subscribe to a Membership Package. When you use the Website or web app the latest version as shown on the Website will apply. When you book/use our services the latest version shown on the Website at the time you request the booking will apply to your booking and use of the services. When you purchase a Membership Package (or a renewal thereof) the latest version as shown on the Website at the time you purchase that package will apply. Terms were last updated on 22/11/2021.
    • What to do if you have any questions about these Terms. If you have any questions about these Terms, our Membership Packages or our services, you can take a look at our helpful FAQ page or you can contact us and we will be happy to help.
    • What to do if you are not happy with these Terms. If you do not accept the Part 1 and 2 Terms please do not book to use our services, if you do not accept our Part 1 and 3 Terms please do not subscribe to a Membership Package with us and if you do not accept our Part 1 and 4 terms please stop using the Website and do not download or use web app (if you have already downloaded it please uninstall it from your device).
  • What happens if there is a Problem
    • Get in touch. If you have any questions or complaints about us, our services or Membership Packages, do get in touch. You can call us on 01794337387 or email us at enquiries@cryofixwellness.co.uk.
    • Our Liability to you. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract with you or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    • Limitations on our Liability. To the extent not prohibited by law, we accept no liability for any:
      • loss which is not foreseeable;
      • loss which arises when we are not at fault or in breach of our contract with you; and
      • business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
      • breaching your legal rights such as the right to expect us to supply our services with reasonable skill and care;
      • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
      • for fraud or fraudulent misrepresentation.
    • Other important terms
      • We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under the
      • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this.
      • Nobody else has any rights under these Terms. This contract is between you and us, no other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
      • If a court finds part of these Terms unlawful, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
      • Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking your contract with us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
      • Which laws apply to these Terms. The laws of England and Wales apply to these Terms and our contract with you, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
      • Where you may bring proceedings. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

 

Part 2 – Booking Terms

  • Making a booking with us
    • How bookings can be made. Booking requests can be made by following the online booking process on the Website or via our web app (available on the Website) or by calling or emailing us (see our contact details here)
    • How we will accept your order.
      • If we can accept your booking, we will email you to accept it, at which point a contract will come into existence between you and us.
      • If we cannot accept your booking, (this might be for instance because there is an issue taking payment from you or the time/date you request is not available), we will let you know either as part of the online booking process or by email (if you have paid in advance we will give you a full refund).
    • Restrictions on using our services
      • Age restrictions. You must be over the age of 18 to make a booking to use our cryotheraphy services. 16 and 17 year olds can use our cryotherapy services if their parent or guardian consents and attends with them.
      • Health restrictions. While our cryotherapy services are suitable for most people, it will not be for everyone and your safety paramount. We will ask you to complete a declaration confirming if you have any of the conditions listed below during the booking process and before you use the chamber, if you do unfortunately we will not be able to let you use our services. Please note the following is not an exhaustive list of conditions which may impact on the suitability of our services for you and if you have any health concerns, we strongly recommend you consult your doctor before using our services. The conditions we ask about are:
        • Pregnancy (or within 8 weeks post-natal);
        • Diabetes;
        • hyperthyroidism;
        • Cancer;
        • Claustrophobia;
        • Excessive perspiration;
        • Epilepsy or blackouts;
        • High blood pressure;
        • Known intolerance to cold;
        • Auto-immune diseases;
        • Reflect sympathetic dystrophy;
        • Any heat conditions or pacemakers;
        • Current use of blood thinning medications such as warfarin;
        • Current use of immunosuppressive medications;
        • Respiratory (lung) conditions such as asthma, emphysema or bronchitis;
        • Peripheral neuropathy (numbness or pins and needles in the hands and/or feet);
        • Peripheral vascular disease (poor circulation) e.g. intermittent claudication, Raynaud’s disease, vibration white noise finger;
        • Significant anaemia, cryoglobulinemia, cry fibrinogenaemia, paroxysmal cold haemoglobinuria, cold agglutinin disease;
        • Surgery within the last 6 months;
        • Cardiovascular (heart and blood vessels) disease especially angina, heart failure, myocardial infraction (heart attack), cerebral vascular accident (stroke), transient ischemic attacks, vasculitis or venous thrombosis (blood clots).
      • Other restrictions/rules The following rules are also in place for your safety, failure to comply with these rules may mean we refuse to provide you with the cryotherapy services:
        • You will be required to remove any jewellery, glasses, hearing aids and piercings when in the cryotherapy chamber. Contact lenses can be worn.
        • You will be required to wear the protective equipment we provide.
        • You must follow all safety rules and procedures we notify you of.
        • You will not be permitted to use the cryotherapy services if we suspect you are under the influence of drugs, alcohol or illegal substances.
      • Changing or cancelling bookings.
        • If we need to change or cancel your booking. If we need to change or cancel your booking because of an event or circumstance outside our control then we will contact you as soon as possible to let you know and offer to reschedule your session or give you a full refund.
        • If you need to change or cancel your booking. Please note that 48 hours notice is required for all cancellations and failure to provide this notice will result in losing 100% of your appointment fee.  We can only offer a full refund or to reschedule your session if you are cancelling if you are giving more than 48 hours notice.
        • Legal rights to cancel. The legal right to cancel within 14 days which often applies to online/distance contracts does not apply to one-off bookings (instead we offer you the more flexible rights detailed above) but it does apply to purchases of Membership Packages – see Part 3 Membership Package Terms).
        • Where we are to provide a refund, this will be made without undue delay and not later than 14 days after you or we cancel using the same means of payment as you used for the initial transaction (unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund).
      • Price and payment
        • Our prices. Our prices (which include VAT where applicable) are shown on the Website. You can either: –
          • book and pay for one single/couples’ session; or
          • you can subscribe to one of our Membership Packages in which case you will have booking credits to apply in payment for bookings- See the Part 3 – Membership Package Terms.
        • When payments are made. You will need to pay upfront at the time you request a booking (unless you are booking it under a current Membership Package you have taken out with us in which case a booking credit will be used during the checkout process ).
        • Payment methods. We accept payment by:
          • Visa, Mastercard and AMEX;
          • Google Pay; and

 

Part 3 – Membership Package Terms

  • Our Membership Packages. We have several Membership Packages available which offer great value to regular customers, further details can be found here. Subscribing for a Membership Package entitles you to book the number of sessions applicable to that package within a 30-day period from the date you purchase the Membership Package, see the Part 2 – Booking Terms.
    • How to subscribe for a Membership Package. You can subscribe for a Membership Package during the online booking process on the Website or via our web app (available on the Website) or by calling or emailing us (see our contact details here)
    • How we will accept your order.
      • If we can accept your order for a Membership Package, we will email you to accept it, at which point a contract will come into existence between you and us.
      • If we cannot accept your order for a Membership Package, (this might be for instance because there is an issue taking payment from you), we will let you know either as part of the online process or by email.
    • Duration of Membership Packages and renewals
      • How long they last. Membership Packages operate for fixed 30 day periods so you have to use your booking credits within that period and at the end of that period it is up to you whether you renew your package or not.
      • Automatic renewal options. When you order a Membership Package, you can choose whether you it will automatically renews after 30 days or not. If you later change your mind you can still log into your account and change your decision at any time. If your Membership Package does automatically renew, the legal cancellation rights detailed below will apply (the 14-day cancelation period will run from the day after the date the automatic renewal took place).
    • Your legal right to cancel
      • The legal right to cancel. You have the right to cancel your Membership Package within 14 days without giving any reason. However, if during 14 day period you have already had the allotted number of sessions applicable to that Membership Package you will lose your right to cancel.
      • When the cancellation period ends. The cancellation period will expire after 14 days from the day the contract comes into existence between you and us. To meet the cancellation deadline, you need to have sent us your communication asking to cancel before the cancellation period has expired (we do not have to have received it).
      • How to exercise the cancellation right. If you want to exercise the right to cancel, you should inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or email) using the contact details here. You may use the model cancellation form available here, but it is not obligatory.
        • If you cancel the contract, we will refund you in full unless you booked and used sessions for dates within that 14 day cancellation period in which case you must still pay us for those sessions which will be charged at an amount in proportion to the total number sessions you would have been entitled to under the applicable Membership Package and we will deduct this from your refund.
        • We will refund you without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract. We will refund you using the same means of payment as you used for the initial transaction (unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund).
      • Bookings following cancellation. If you cancel your contract for the Membership Package and you have made bookings we will ask you if you want to cancel those bookings too or pay for them separately. If you do not within a reasonable time, respond or pay us for the booking (payment always before due before the session) we will cancel your bookings.
    • Price and payment
      • Our prices. Our prices (which include VAT where applicable) are shown on the Website.
      • When payments are made. You will need to pay upfront at the time you order a Membership Package. Where you have opted for your Membership Package to automatically renew then payments will be taken via the payment method you used for your original purchase (unless we have agreed otherwise with you) every 30 days (auto renewals can be cancelled at any time).
      • Payment methods we accept payment by:
        • Visa, Mastercard and AMEX;
        • Google Pay; and

 

 

Part 4 – Website and Web App Terms

  • Using the Website and web app
    • Availability and accuracy. We try to make sure that the Website and our web app are available, accurate, up-to-date and free from errors, however we cannot promise that it will be at all times.
    • Our right to suspend/terminate. We may suspend or terminate access or operation of the Website and/or web app at any time as we see fit.
    • Any content on the Website and/or web app (such as any text, images, video, audio or other multimedia content on the Website) is provided for your general information purposes only and to inform you about us and our services and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Website and/or web app and their content.
    • Registration and password security. You will need to register for an on-line account with us in order to download and use the web app, make an online booking or purchase a Membership Package (either via the web app or the Website). You are responsible for ensuring your password and other account details are kept secure and confidential. If we have any reason to think there is likely to be breach of security or misuse of the Website and/or web app through your account or the use of your password we may notify you and require you to change your password or suspend or terminate your account.
    • Links to third party websites. The Website and/or web app may contain hyperlinks or references to third party advertising and websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
    • Linking to our Website. You may link to the Website and/or web app as long as that link:
      • is not for commercial purposes;
      • does not create a frame or any other browser or border around the content on the Website and/or web app;
      • does not imply that we endorse your products or services or any products or services of or available through the website on which you place the link; and
      • is fair, legal and does not threaten to damage our reputation.
    • Do not misuse our Website. You must not misuse our Website or web app by for instance:
      • knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack),
      • allowing automated systems or software to extract data from the Website and/or web app;
      • attempting to gain unauthorised access to our Website and/or web app, the server on which our Website and/or web app is stored or any server, computer or database connected to our Website and/or web app.
    • Intellectual property
      • We own the intellectual property in the Website. We own or have the right to use all intellectual property (including, but not limited to, copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether registered or unregistered anywhere in the world) in the Website and web app and their content (such as any text, images, video, audio or other multimedia content accessible on the Website). We and our licensors reserve all our intellectual property rights, this means for example we remain owners of them and you have no rights to them save as expressly stated in these Terms.
      • How you can use the intellectual property. You may access, display, store and print the content on the Website and web app but only for your own personal use. You may not use the Website, web app or their content for commercial purposes unless we have expressly agreed this with you.
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