Therms and Conditions
Last updated: Saturday 1 January 2022
Your use of Our Site, Our App and the Services is subject to these terms and conditions together with any additional terms and policies referred to in them (“Our Terms”).
Thank you for choosing MySelfCare, a great place to book a professional service in your home, hotel or office.
These terms and conditions of service together with any terms and policies referred to in them (Our Terms) constitute a legally binding agreement between you and MyChineseCare Ltd (“MySelfCare”, “we”, “us” or “our”). MyChineseCare is a private limited company registered in Portugal whose registered office is located at the following address: Rua Manuel Marques 23A, 1750-170 Lisboa, Portugal. MyChineseCare's VAT registration number is PT 514 300 892.
USE OF OUR SITE AND OUR APP
Our Terms govern your use of our website (“Our Site”) and also our App (“Our App”) and the Services. By using Our Site, Our App or the Services, you agree to comply with Our Terms.
Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through MySelfCare for any Professional Service or purchase any Products through MySelfCare.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require MySelfCare to give you certain key information for there to be a legally binding contract between you and us. This information is set out below and is also linked in the email which we will send to you to confirm any booking you make through us with an Independent professional or to confirm any purchase of a Product.
You confirm that you are of legal age to access and use Our Site, Our App and / or the Services and are of legal capacity to agree to Our Terms. You are not eligible to use the Services if you are under the age of 18. Our Terms apply to individuals only; for any corporate bookings or purchases, please contact us at email@example.com.
MySelfCare provides a booking and purchase service (the Services). The Services allow you to book a range of Professional services (Professional Services) that are performed in each and every case by independent self-employed professionals (Independent Professionals), and to purchase related goods (“Products”) that are provided in each and every case by independent retailers (“Retailers”). In providing the Services, MySelfCare acts as the agent of the Independent professionals and / or Retailers. MySelfCare has no responsibility for any Professional Services or Products which you book or purchase through us: we are simply involved with the booking and / or purchase process, as well as providing ancillary services (including an online booking service) as explained below.
The Services we offer allow you to search through Our Site and purchase Professional Services and / or Products from a number of Independent professionals and / or Retailers. In enabling you to purchase Professional Services and / or Products through Our Site, we are acting as the commercial agent of those Independent professionals and / or Retailers. As part of the Services, we also provide some ancillary services such as assisting with customer service issues (again in our capacity as agent for the Independent professionals and / or Retailers).
However, as stated above, the contract for the purchase of the Professional Services and / or the Products is between you and the Independent professional and / or the Retailer. This means that it is the Independent professional or Retailer (not us) who is legally responsible for providing the Professional Service and / or Product to you. However, MySelfCare remains responsible in respect of its obligations to you in accordance with Our Terms which shall be legally binding. If you have any questions, complaints or requests for refunds, we can be contacted directly at firstname.lastname@example.org. MySelfCare will remain the point of contact for you for customer service questions.
MySelfCare shall, if requested, provide intermediary services between you and an Independent professional and / or Retailer in connection with customer service or dispute resolution matters.
AGREEMENTS FOR PROFESSIONAL SERVICESAND / OR PRODUCTS
When booked through us, the Professional Service you receive will be subject to the Independent professional's terms and conditions (Independent professional's Terms). You will be provided with and asked to confirm your acceptance of the Independent professional's Terms when making a booking through us. MySelfCare is not a party to the Independent professional's Terms: these terms will solely be between you and the Independent professional who provides you with your Professional Service.
When you purchase any Product through us, you will buy directly from the relevant Retailer (not from us) and the contractual relationship in relation to the sale will be only between you and that Retailer. We will not be a party to it. The relevant Retailer will be responsible for the sale, delivery and other after-sale care and our role is limited to acting as commercial agent to conclude the sale by accepting your order and collecting, or arranging for the collection of, your payment on behalf of that Retailer.
Our receipt of full payment from you will discharge your debt to the relevant Retailer in respect of that order. Though we may assist with certain practical issues on behalf of the relevant Retailer, we do not have any contractual obligations to you and you do not have any contractual rights against us regarding any Product sold through us by any Retailer.
BOOKING AND PURCHASE PROCESS
BOOKING PROFESSIONAL SERVICES
You can make a booking through Our Site or through Our App by choosing an Independent professional.
Your payment details will be requested at the time of booking and payment will be collected when you make a booking.
Full payment of the Treatment Fee is due at the time of booking the Professional Service with the Independent professional through us. Full details of the prices are referred to below.
The Treatment Fee belongs to the Independent professional who provides the Professional Service. MySelfCare, as the Independent professional's agent, collects or arranges for a third party to collect on our behalf, the Treatment Fee from you. Our receipt of the full Treatment Fee will discharge your debt to the relevant independent professional in respect of that booking.
We are appointed by Independent professionals to conclude bookings on their behalf as their commercial agent. Once your booking is accepted by us on behalf of the and the Independent professional, you will receive confirmation of your appointment from us by email.
By making a booking, you are responsible for:
Full payment of the applicable Treatment Fee;
Ensuring the Independent professional has access to your Designated Premises which must, in all cases, represent a suitable space in which the Professional Service can be performed, with all appropriate facilities (including adequate lighting and heating); and
Ensuring the health and safety of the Independent professional whilst at your Designated Premises.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may also order Products through an Independent professional, who shall initiate the order on your behalf and you will receive an email prompting you to finalise the order. You may check and correct any input errors in your order up until the point at which you submit your order. You must agree to any Retailer terms presented to you before you will be able to proceed. The order is submitted by clicking the [“Buy Now”] button on the checkout page.
After placing an order, you will receive an acknowledgment email that your order has been received and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the relevant Retailer to buy the Product(s) ordered. All orders are subject to acceptance by the relevant Retailer. The Retailer is not obliged to accept your order and may, at their discretion, decline to accept any order. You do, however, acknowledge that by clicking on the [“Buy Now”] button, you enter into an obligation to pay for the Product(s). Where your order is accepted, such acceptance will be confirmed by sending you an email confirmation that your order has been despatched or, if you opt (where available) to collect, when it will be ready for collection (“Order Confirmation”). You will receive an Order Confirmation in respect of each Retailer from whom you are making a purchase. The agreement between you and the relevant Retailer in relation to the Product(s) ordered (“Retailer Agreement”) will only be formed and become binding when the Order Confirmation is sent to you. After entering into the Retailer Agreement, the relevant Retailer will be under a legal duty to supply you with goods that are in conformity with the Retailer Agreement.
The Retailer Agreement will relate only to the Product(s) which have been confirmed in the Order Confirmation. The relevant Retailer will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.
DELIVERY OR COLLECTION OF PRODUCTS
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address within the United Kingdom you specify when placing your order, unless you opt (where available) to collect it from one of the collection points offered by the relevant Retailer. Your Order Confirmation will include details of the delivery or collection.
Products comprised within the same order cannot be delivered to different addresses. Deliveries cannot be made to PO Boxes.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. The relevant Retailer will not be liable for any breach by you of any such laws.
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
All Treatment Fees and / or Product Fees are payable through Our Site, Our App or over the telephone. We collect or arrange collection of payment of Treatment Fees on behalf of the Independent professional, and of Product Fees on behalf of the Retailer. In each case, our receipt of your payment as agent for the Retailer or Independent professional discharges your debt to that Retailer or Independent professional for the amount paid.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Professional Service and / or Product(s) is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of MySelfCare, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via Verified by Visa where applicable.
By making a booking or purchase you agree to provide complete, correct and true information including without limitation billing and payment information.
VOUCHERS AND CREDITS
All MySelfCare vouchers and credits expire within 12 months of issue date unless they are part of a promotion for which a specific expiration date was specified in writing.
All vouchers and credits are non-refundable or exchangeable for any currency or cash.
Cancellation of vouchers and credits may in our absolute discretion be authorized by MySelfCare when you have been able to explain to us and have genuine reasons to ask the cancelation. In this case a cancellation fee is charged (5euros – 15euros) to compensate website provider platform refound costs.
Where cancellation fees are waived by us, we act as agent of the Independent professional who is the principal in supplying the Professional Service.
All fees and charges are inclusive of VAT where applicable or unless specified otherwise.
The price of Professional Services (each a “Treatment Price” and collectively “Treatment Prices”) varies according to the type and duration of the Professional Service you book and also the location of the premises you have designated for the Professional Service to be provided to you by the Independent professional (“Designated Premises”). Treatment Prices are set from time to time and the Treatment Price you will be required to pay for a specific Professional Service (each a “Treatment Fee” and collectively “Treatment Fees”) will be determined by reference to the Treatment Prices in force at the date when that Professional Service is booked.
Full details of Treatment Prices are set out in Our Site and Our App. Treatment Prices are liable to change at any time and according to fluctuations in demand across the platform, but changes will not affect any booking which you have already made.
The price of Products (each a “Product Price” and collectively “Product Prices”) varies according to the Product selected. Product Prices are set from time to time and the Product Price you will be required to pay for a specific Product (each a “Product Fee” and collectively “Product Fees”) will be determined by reference to the Product Prices in force at the date when that Product was purchased.
Product Prices exclude delivery costs, which will be added (at the cost shown) to the total amount due when you view the items in your shopping basket.
Product Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which you have already been sent an Order Confirmation.
Our Site, Our App and our online chat booking service contain a large number of Products and it is always possible that, despite best efforts, some of the Products listed on Our Site, Our App or our online chat booking service may be incorrectly priced. Prices charged will normally be verified as part of the despatch procedures so that, where a Product's correct price is less than the stated price, you will be charged the lower amount. If a Product's correct price is higher than the price stated on Our Site, Our App or our online chat booking service, the relevant Retailer will normally either contact you for instructions before despatching the Product, or your order will be rejected in which case you will be notified of such rejection.
Full details of Product Prices are set out in Our Site and Our App.
In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking or purchase. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking, an inability of the booked Independent professional to provide the Professional Service as requested or an inability of the Retailer to provide the Product. Such failure may lead to your payments being ineligible for refund, or a loss or incorrect delivery of your booking or Order Confirmation.
In such cases where there has been a failure on your part to provide us with accurate information, our cancellation and refund policy will apply.
CANCELLATIONS AND REFUNDS
You acknowledge that you do not have any statutory right to cancel a booking made for a Professional Service. However, you have a contractual entitlement to cancel any booking you have made with an Independent professional through us in the following circumstances and on the described terms.
A cancellation fee is charged (5euros – 15euros) in all orders to compensate website provider platform refound costs.
Subject to the cancellation being a Late or Very Late Cancellation (as described below), if you change your mind about your booking prior to the agreed appointment start time in that booking (“Appointment Time”) then the Independent professional will be willing to treat your booking as cancelled (without requiring payment of all or any part of the applicable Treatment Fee and without levying any cancellation fee) if you cancel your booking via Our Site or Our App or via the online chat booking service (on www.myselfcare.pt or in the MySelfCare mobile apps):
at least twenty-four (24) hours prior to the Appointment Time; or
if the Appointment Time falls within twenty-four (24) hours of the time of booking, within ten (10) minutes of you having confirmed that you want to make a booking (“Grace Period”).
If your cancellation of a booking is:
within twenty-four (24) hours of the Appointment Time; or
after the Grace Period has elapsed,
then unless the cancellation represents a Very Late Cancellation (as described below), we will be entitled to retain (or charge, as the case may be) thirty per cent (30%) of the applicable Treatment Fee because your cancellation represents a Late Cancellation.
However, if your cancellation of a booking is within two (2) hours of the Appointment Time and if applicable, the Grace Period has elapsed, the Independent professional will be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable Treatment Fee because your cancellation represents a Very Late Cancellation.
You will also be charged the full Treatment Fee if you:
Cancel a booking other than as permitted above;
Attempt to cancel a booking on or after the Appointment Time; or
Fail to attend a booking at the Appointment Time and/or at the Designated Premises.
Fail to provide accurate information for your Independent professional to attend the Designated Premises
Fail to provide accurate and complete contact details or personal information such as but not limited to full name phone number and address
Book a treatment that cannot be performed because you meet one of the contraindications that are mentioned on the treatment description page on our App or Website
A cancellation fee is charged in order to compensate the Independent professional because it is not reasonable to expect the Independent professional to be able to provide a Professional Service at another booking where you cancel with short or no notice.
Except in relation to certain Products set out below, you may cancel an order for a Product at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you or, if you opt (where available) to collect it from one of the collection points offered by the courier and that collection point is managed by a third party other than the courier (for example, a local convenience store), the day after it is delivered to that third party (“Cooling-off Period”).
If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with the refunds policy (see below).
To cancel an order, you must clearly inform the relevant Retailer, preferably:
in writing, by email or telephone, giving your name, address and order reference; or
by completing and submitting our cancellation form available on Our Site or Our App, a copy of which is also enclosed with the Product(s) on delivery.
You must also return the Product(s) within 14 days after the day you notify your cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). Products must be returned to the relevant Retailer. You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, the relevant Retailer may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.
To return the Product(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if you have been provided with one) inside the parcel) and then return it to the relevant Retailer, either by courier or by recorded delivery mail or other form of certified mail or, if the Product(s) are too bulky to return by mail, then by a suitable carrier, to the returns address stated either in the Order Confirmation or the delivery note inside the delivered parcel.
You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s).
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.
PRODUCT REFUND POLICY
If you cancel an order within the Cooling-off Period, any refund due to you will be processed as soon as possible and, in any case, within 14 days after the day on which the relevant Retailer receives the Product(s) back or, if earlier, the day on which the relevant Retailer receives evidence that you have returned the Product(s) to the returns address (see above). You will be refunded the price paid in full (subject to any deduction the relevant Retailer is entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, you will not be refunded your cost of returning the Product(s). If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Refunds are made using the same method originally used by you to pay for your purchase or converted into MySelfCare credits, unless agreed otherwise.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make the relevant Retailer aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform the relevant Retailer as soon as possible, preferably in writing, giving your name, address and order reference.
Please note that we have no control over any Retailer or the quality of any of the Products or service the Retailer provides, we do not give any commitment regarding them, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Retailer.
Nothing in this section affects your legal rights.
EXTENSIONS AND DELAYS
If you wish to extend the time you have booked a Professional Service, the Independent professional will endeavour to fulfil your request. This is subject to the availability of the Independent professional and payment of an additional charge for the extended time calculated in accordance with the Treatment Prices (each an “Extra Time Charge” and collectively, “Extra Time Charges”).
If you are delayed and unable to start the Professional Service at the Designated Premises at the Appointment Time by more than 10 minutes then, unless the Independent professional agrees to the contrary (which is within the sole discretion of the Independent professional):
the Independent professional is entitled to end the Professional Service at the time agreed when the booking was made without making any adjustment to the Treatment Price to reflect the reduced time of the Professional Service; or
if you and the Independent professional agree to proceed with the Professional Service for the full time allotted notwithstanding the delayed start time, then you shall be obliged to pay before the relevant Professional Service is given, an additional charge calculated at the rate set out with the Treatment Prices for extra time.
We will collect the Extra Time Charges as agent of the Independent professional.
MYSELFCARE ACTS ONLY AS AN INTRODUCER
The Services enable those seeking Professional Services to book appointments with Independent professionals seeking to provide such Professional Services. Whilst MySelfCare assesses Independent professionals who wish to provide Professional Services, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Independent professionals. This is entirely a matter for you. Accordingly, you acknowledge and agree that MySelfCare does not have any obligation to conduct any background checks on any Independent professional and have no obligation in respect of any service they may provide.
When interacting with any Independent professional you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you.
PROMO CODES AND REFERRALS
We may from time to time create and offer promotional codes and referral codes (together “Codes”) that can be redeemed against purchases of Professional Services or Products. Codes will only be valid for a period of time stated on or with them.
Codes do not have any cash value. Codes may:
(1) only be used for personal and non-commercial purposes. You can share your unique code with your personal connections via social media where you are the primary content owner. Codes may not be duplicated, sold, transferred, distributed or made available to others online (including through public sites such as coupon sites) or by other means;
(2) not be promoted in any way including via a search engine or discount websites / forums;
(3) not be exchanged for cash;
(4) only be used once and only one Code may be used per person; and
(5) may be subject to specific terms which will be made available by us including but not limited to expiration / use by date as stated on the promotion, and must only be used in accordance with those terms.
In addition, from time to time we may issue referral codes to allow you to refer friends and family to the Services, and which may reduce the Treatment Fee and / or Product Fee (“Referral Codes”). Referral Codes will be limited to 25 referrals per user. If you wish to continue using the Referral Code for more than 25 referrals, please email email@example.com and we may (but are not obliged to) extend the use of the relevant Referral Code.
Discounts cannot be used in conjunction with any other offers or discounts. MySelfCare reserves the right to change, suspend, terminate or discontinue promo code / referral offers from time to time and from your account for any reason including but not limited to violation of our program.
The Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Professional Services and / or purchasing Products as expressly described above. You must not use Our Site, Our App or the Services to do any of the following (each of which is strictly prohibited):
Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
Restrict or inhibit any other user from using and enjoying the 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 Independent professionals, MySelfCare (including its employees and personnel) or others;
Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
Use technology or other means to access our computer network, unauthorised content or non-public spaces;
Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Services, Our Site or Our App's functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
Engage in or encourage others to engage in criminal or unlawful conduct or breach Our Terms including misuse of the Services for unlawful or unauthorised purposes.
You agree not to breach Our Terms in any way which may result in, among other things, termination or suspension of your access to the Services. We reserve the right to disclose information of suspicious behaviour related but not limited to any of the listed above to law enforcement.
MYSELFCARE, the MySelfCare logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site, App or the Services (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law. Nothing in Our Terms grants you any rights in the Site, App or Services or the content within the same. All rights are reserved.
As noted above, we introduce individuals seeking Professional Services to Independent professionals seeking to provide such Professional Services. We are not liable or responsible for the fulfilment of any booking or the performance of the Independent professional. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent professional or any Professional Services, however we do try to assist by providing the intermediary services around resolving disputes and complaints as mentioned above.
OUR SERVICES ARE FOR GENERAL INFORMATION ONLY
Content on Our Site and Our App which is made available as part of the Services is provided for your general information purposes only. Nothing contained on Our Site, Our App or communicated any other way as part of the Services constitutes, or is meant to constitute, advice, opinion or guidance of any kind. We are not a health care provider nor do we provide medical advice or medical treatment. References in Our Site, Our App and elsewhere to “treatment” and “therapy” or any similar terms do not refer to medical treatment or medical therapy. The information presented on Our Site, Our App and otherwise as part of 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 CANNOT GUARANTEE OUR SITE, OUR APP OR THE SERVICES
We make no warranty or guarantee that Our Site, Our App or any other aspect of the 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 Our Site, Our App or any other aspect of the Services.
Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of MySelfCare, fraud or fraudulent misrepresentation by MySelfCare, or any matter which it would be illegal or unlawful for MySelfCare to exclude or limit, or to attempt or purport to exclude or limit, its liability.
We are not liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.
Whilst we make every effort to ensure that the Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of the Services. We reserve the right to suspend or cease the operation of all or part of the Services from time to time at our sole discretion.
Use of Our Site, Our App and the Services is on an “as-is” and “as available” basis. To the maximum extent permitted at law 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.
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 Services and otherwise from your violation of Our Terms.
MODIFICATION AND TERMINATION
We may modify Our Terms or terminate use of the Services at any time by giving notice to you. If you do not agree to any changes, you must stop using the Services. We may also change, suspend, terminate or discontinue any aspect of the Services including availability of certain features at any time for any reason.
If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
GOVERNING LAW AND JURISDICTION
You agree that Our Terms for all purposes, shall be governed by and construed in accordance with Portuguese law. You also agree to submit to the exclusive jurisdiction of the Portuguese courts as regards any claim or matter arising under Our Terms.
Please email firstname.lastname@example.org for any other enquiries.
Other applicable terms
1. Information we collect about you
Our primary goals in collecting information are to provide our Services to our Users and Therapists and to enable us to best respond to our Users and Therapists' requests for help or information and to improve our Services and their features and content and to promote our Services both through our website and our app and through our events, newsletters, competitions and promotions where we have your permission to do so.
Categories of Information we collect from you:
Relating to both Users and Therapists
Identity data - information used to identify users including first name, last name, title, date of birth, gender, log in and User and Therapist password details
Contact data - postal address, email address, telephone number and mobile number
Financial data - bank accounts of Therapists in order to pay them for the Services and payment card details to manage payment for massage treatments by Users on behalf of the Therapists and purchases of Products on behalf of Retailers, We note we do not collect full card details but work with third party payment providers (see below) to processor the payment.
Technical data - internet protocol (IP) address, log in (password), browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices used by the user to access your website or app.
Marketing and communications data - User and Therapist preferences in receiving marketing from MySelfCare Massage and any third party affiliates.
Operational data - including interaction with the Services and transcripts from calls, messages from "live chats" with both Users and Therapists,
Location data - data that is used to enable the Therapist to find the User in order to perform the treatmentand the User to check the arrival of the Therapist.
Aggregated data - data that is collected, used and shared such as statistical or demographic data for any purpose, eg. used to analyse trends, track Users' movements around the website or app and to gather information on our User base as a whole. Or, in the case of Therapists we may collect data such as number of bookings and schedule information.
Relating to Users only:
Transaction data -includes details of the Products and Services Users have purchased from the website or app. Usage data-information about how Users use the Services. This includes how you interact with the Services, for example, how long you engage with MySelfCare Massage at a time, how often a booking is made. and which parts of the Services you interact with and the features you use.
Profile data -includes User website browsing history, demographic information such as age, gender, education level, feedback and survey responses, any information that you have made publicly available on our noticeboards or on social media networks
Work related data - We work with businesses to deliver our Services to their employees. If you are employed by one of those businesses, to use the Services you will need to sign up with us. We will collect information from you directly when you do this p and we will also be able to associate this with information provided by your employer, such as your job title.
Service Notes - we may collect information about our Service delivery for example, instructions on how to access a building. You provide this information voluntarily. We pass this information on to Therapists so that they can understand any specific access / similar requirements.
Treatment Reports – if you choose to, you can turn on Treatment Reports. This feature is only turned on with your consent and it can be turned off at any time. The Treatment Reports allow Therapists to record aftercare tips and suggestions to get you back to your best self. The reports may also include information about the treatment itself and your wellness. If you turn this feature on, Therapists that you book a treatment with will be able to see this information. If you turn this off, other Therapists will no longer be able to see such information.
Relating to Therapists only:
Assessment data - information on qualifications and certification of Therapists, trade test assessment results, contact logs data, performance and ratings data.
Profile data - Photograph, biography, treatments offered and languages spoken by Therapists and average rating obtained from our evaluation using algorithms of ratings review and feedback survey results, number of bookings and schedule information.
• Information we may collect from you from your use of the Services
We will use this information to administer the Services and for internal operations, including troubleshooting, data analysis, testing research and statistical survey purposes. We will also use this information to measure the effectiveness of how we present content and deliver our Services and how we market and advertise. This information will also be used to allow you to participate in the interactive features of our Services, when you choose to do so. It is always your choice whether or not to provide information. If you do not provide certain information however, you may not be able to use certain features of the website or app or be provided with certain Services.
• Information we may collect from other sources or which is automatically collected
Information may be gathered from our affiliates and third-party sources including without limitation our third-party service providers (such as events, marketing services and payment providers), publicly available data, other companies and referrals.
When you visit the Website we may automatically collect additional information about you, such as the type of internet browser or mobile device you use, any website from which you have come to the Website and your IP address (the unique address which identifies your device on the internet) and your operating system, which are automatically recognised by our web server. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Website and to collect broad demographic information for aggregate use.
We may from time to time collect personal details from available sources, such as LinkedIn, or from a publically available online registry to which you give your details or from your company's website to contact you in our legitimate business interests with business opportunities which we think might be required from you. In our first communication with you, we will identify if we have obtained your information which we use for these purposes from a third party source.
2. Uses made of your information
We will use the personal information described above to:
(a) identify Users and Therapists when they sign in to their account;
(b) enable us to process Users' bookings of Massage Treatments on behalf of Therapists and purchases of Products on behalf of Retailers, send confirmation of Massage Treatment bookings or confirmation of cancellations of bookings, and to enable Users and Therapists to access other information or assistance offered through the Services and which they request including but not limited to customer service requests or assistance with dispute resolution;
(c) administer User and Therapist accounts;
(d) To assess and verify qualifications and credentials of Therapists and to create and maintain profiles of Therapists;
(e) To manage and process the collection of payment of behalf of Therapists for Massage Treatments booked by Users and collection of payment on behalf of Retailers for Products purchased by Users ;
(f) analyse the use of the Services and the visits to the Site/App in order to improve our content and Services including research into our Users’ demographics and tracking of sales data;
(g) where you have not objected, send you information to Users and Therapists which we think you may find useful or which you have requested from us, including marketing communications such as emails about any improvements to the Products or Services, special offers or promotions, events, competitions, new Products or Services;
(h) where you have not objected, send you, information about any improvements to existing products or services, special offers or promotions, events or competitions, new products or services of carefully selected Business Partners. MySelfCare does not share any personal data of its Users or Therapists with any Business Partners but you may see our Business Partners name, logos and other brand references appearing in the emails which we send to you.
We may review, scan, or analyse your communications on the MySelfCare Platform between the User and the Service provider for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. In some cases, we may also scan, review, or analyse messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyse your messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications. These activities are carried out based on MySelfCare’s legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
3. Purposes and Lawful Bases for which MySelfCare uses your data
We have set out in the tables below a description of the ways we use your personal information, the category of information it comes under and the legal basis or bases which we rely on to process it, including where we are relying on our legitimate interests and identifying what those interests are. There may be more than one lawful basis on which we process your information depending on the specific purposes for which we are using the information. Where we rely on legitimate interests we are always careful to balance your privacy rights with those interests.
Please note that these are examples of the kinds of personal information we collect and of the uses we may make of it. We may from time to time collect other types of personal information including and not limited to information you voluntarily give us.
Please contact us if you need more information at email@example.com
4. How we may share your Information
In order to provide the Services, we may share the information Users provide with Therapists to assist them in the providing the Massage Treatments booked by Users.
In order to provide the Services, we may share the information Therapists provide to Users to assist them in selecting a Therapist to book a Massage Treatment with.
We may share the information you provide or that we otherwise collect through your use of the Services (including, where applicable, personal information) to carefully selected third-parties including affiliates, consultants and contractors who support our business and operations including, inter alia, processing transactions, fulfilling requests for information or assistance, receiving and sending communications,[,analysing data, providing other support services such as advertising, PR, events related services and other web related services such as web hosting and web-monitoring services including analytics providers and search information providers. These third parties will keep the information confidential and to use it only to the extent necessary to provide the applicable service(s) or as otherwise permitted or required by law. Some examples of key service providers we work with include Google (cloud storage, analytics, and advertising services), Amazon Web Services (storage), Salesforce (customer relationship management and analysis), Iterable (marketing services) and Facebook (marketing services).
In some cases, we work in partnership with other carefully selected companies, Business Partners, and from time to time, with your consent, we may send you information about these third-party Business Partners' selected products or services in our communications with you. We do not share your personal data with these third parties directly.
We may disclose aggregate statistics about visitors to the Website in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes.
In the event that we undergo re-organisation, or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.
We may disclose your personal information if legally entitled or required to do so (for example if required by law or by a court order or if we believe that such action is necessary to prevent fraud or cybercrime or to protect the Site or Service, or the rights, property or personal safety of any person).
5. Information you may collect as a User or Therapist
If you are a Therapist, you are responsible for ensuring that you comply with applicable data protection law in respect of any personal information that you collect about Users in the course of your provision of the Services. MySelfCare does not accept any responsibility for this processing of personal data.
If you are a User, you are responsible for any misuse of personal information that you may collect in the course of your receipt of the Services. MySelfCare does not accept any responsibility for this processing of personal data.
6. Cookies and similar technology
7. Public forums
The Site may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to Users and Therapists. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and never disclose your personal information.
8. Child safety
Protecting the safety of children when they use the internet is very important to us. Our Site and Services are not intended for nor directed towards children and we do not knowingly collect personal information from children. If you believe that your child may have provided us with personal information without your consent, you may alert us at firstname.lastname@example.org.
9. External links
10. Payment processing
All payments transactions made through the Services are conducted through our payment provider Wix.com LTD. You will be providing credit or debit card information directly to these provider who process payment details, encrypting your credit/debit card information and authorising payment. If you use Wix.com to process your payment, you will stay on our Site / App but will provide your information directly to the payment providers, we only see a tokenised version of the information. The processing of your payment information is done so in accordance with these third parties' own privacy policies and terms:
We place great importance on the security of all personal information associated with both Users and Therapists. We have implemented appropriate technical and organisational measures to ensure the security of your information and to protect any personal information that is transmitted, stored or otherwise processed against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. In addition, we limit access to this information to only those employees, agents, contractors and other third parties who have a business need to know. They will only process it on our instructions and they are subject to a duty of confidentiality.
The safety and security of your personal information also depends on you. Where you have a secure log in and or password for access to certain parts of our Site you are responsible for keeping your log in and/or password confidential. We ask you not to share your log in details or password with anyone. We also urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site or the Services. It is also advisable to close your browser when you have finished your user session to help ensure others do not access your personal information.
Unfortunately, no electronic data transmission over the internet or storage of information can be guaranteed to be completely secure or error free and we therefore cannot warrant or guarantee the security of information you submit via the Site or Service transmitted to our Site or Service and any such submission is at your own risk.
12. Data storage and international transfers
Information that you submit via the Services is sent to and stored on secure servers located inside and outside the European Economic Area (“EEA”), for example in the United States. Where we transfer your information outside the EEA in this way, we will take steps to require that that your privacy rights continue to be protected. By way of example, and as mentioned above, we work with key service providers such as Google, Facebook, Amazon Web Services and Salesforce and we have signed data processing addendums which reflect data transfer mechanisms to provide adequate protection to the personal data transferred outside the EEA.If you would like further information on this, please do contact us.
13. Opting out
Where we have your consent, or where you have not objected to receiving (as applicable) we will use your personal information to send you marketing and promotional communications by email about our products/services or to send you feedback surveys and ratings review requests on treatments provided, you. As mentioned above, where we partner and work with carefully selected Business Partners, our email communications may also contain information from our Business Partners.
You can object to further marketing communications at any time by clicking on the unsubscribe link included in each such communication or notify us by email at email@example.com.
14. How long we keep your information
We need to retain your information (including your personal information, where applicable) for as long as you remain an active user of the Services in order for us to meet our contractual obligations to you, and for such longer periods as are legally required or permitted.
We may need to retain certain personal information even once a User account has been closed for differing periods, depending on the category of personal information concerned, for example, to enforce our terms, for fraud prevention, to identify, issue or resolve any legal claims, for proper record-keeping purposes and/or as required for our business operations or by applicable law.
We may also retain certain personal information following any objection indicated by you to receiving MySelfCare marketing communications for the purpose of ensuring that your wishes continue to be respected and we do not to contact you further.
We may also retain aggregated information beyond this time for research purposes and to help us to develop and improve Services. You cannot be identified from aggregate information retained or used for these purposes.
15. Your rights
You have the right under certain circumstances:
To be provided with a copy of your personal information held by us;
To request the rectification or erasure of your personal information held by us;
To request that we cease processing your personal data in certain circumstances
To object to our processing of personal data for the purposes of sending you direct marketing emails;
To request that we restrict the processing of your personal information while we verify or investigate your concerns;
To request that your information be transferred to a third party;
To withdraw consent where your personal information has been processed on this basis. You have the right to withdraw that consent without detriment by emailing us at firstname.lastname@example.org or by clicking on the unsubscribe link found at the bottom of our emails;
If your request or concern is not satisfactorily resolved you may approach the local data protection authority (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html).
17. Contact us
by email email@example.com; or
Rua Manuel Marques 23A
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of Our Site.
How do you delete cookies?
If you would like to delete, restrict or block cookies which are set by our website, you can to this through your browser. You can do this by going to the Help or Settings function within your browser where it should explain how this is done.
You can also find out more detailed instruction on cookie removal at http://www.aboutcookies.org/how-to-delete-cookies/ which contains information on how to remove cookies from most web browsers; or at http://www.allaboutcookies.org/
Please be aware that if you choose to restrict cookies this could impact the functionality of our website.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below.