Rise Today Ltd (“Rise”, “we”, “us”) is a company incorporated in England and Wales, with company number 10460480 and with our registered office at 34 York Way, King’s Cross, N1 9AB.
We may update or revise this Agreement from time to time. If you do not agree to any modified, revised or updated version of this Agreement, you must discontinue your use of the Member Services. By continuing to use the Member Services, you indicate your agreement to these terms.
By using and/or becoming a registered user of the Member Services, you confirm that you are at least 18 years old.
Rise’s mobile application (the “App”) allows individual customers (“Customers”) to search for, select and book a wellbeing session with a Rise partner.
A Rise customer (“Customer”) is defined as an individual user holding a customer account allowing them to book wellbeing sessions and spaces via the App.
As a Customer you can view a list of wellbeing sessions matched as per selected class category, time range, price and distance available for selection on the Rise app, in order to select and make a desired booking.
A Rise partner (“Partner”) can be either an individual or associated with a studio, who will receive booking requests from customers and provide services accordingly.
As a Partner you can receive and subsequently accept or reject booking requests from customers.
The services to be delivered by Rise as described herein (the “Member Services”) may be provided to Customers and Partners (collectively, “Users”/”you”) via the App.
Rise’s website, www.rise.today (the “Site”) provides information about Rise and the App to Customers and allows Customers to sign up to receive news and information from Rise in relation to the Member Services. wellbeing and wellbeing professionals may use the Site to apply to become a registered Rise Partner in order to receive bookings for wellbeing sessions and engage in the Member Services.
You acknowledge and agree that Rise acts as an agent only and is not a party to any contract between Customers and Partners in relation to wellbeing sessions. No contract exists between Rise and the Partners and/or between Rise and the customer.
Rise is not an employment agency or contract agency and has no control (whether express or implied) over the conduct and suitability of Customers and Partners to request or complete the Member Services, and that the satisfactory completion of a service is solely determined between parties. It is a condition of use of the Member Services that the parties acknowledge they have complete control over their own conduct and the outcome of the services, and Rise disclaims to the fullest extent possible all liability in this regards.
These Key Terms will have the same meaning whether they appear in the singular, plural, masculine or feminine or as the context requires.
We reserve the right to refuse to provide the Services to any individual, business or other entity at any time without explanation. Whilst Rise takes reasonable care in screening Partners, and securing the safety of our registered Partners and Customers, you are solely responsible for taking appropriate safety precautions in connection with your use of the applications and performing of Services.
As a User of the Services you agree to the following:
To register and create an Account for your personal or business use only. You may not authoRise others to use your Account and you may not assign or transfer your Account to any other person or entity. You may register only one Account. You are responsible for keeping any registration details confidential including your password. You acknowledge that Rise is not responsible for any third party access to your Account and the consequences thereof, howsoever caused.
You assume all risk when using the Services, including, but not limited to, any risks associated carrying out or receiving the Services. You acknowledge that Rise does not guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
Rise reserves the right, but is not under any obligation, to monitor information that is submitted to the mobile apps and to remove such information or material that (i) in our sole opinion violates any applicable law, or (ii) either the letter or spirit of this Agreement, or (iii) upon the request of a third party.
You will not use the Services, or engage in any activity on the Rise website and/or mobile applications, in any way that:
Any breach of these provisions means the contract created by these terms shall be terminated at once.
In order to receive the Member Services (and, in the case of Customers, any services from Partners) you will first need to create a Rise account (an “Account”). This is done directly with the Rise mobile app, or on the website www.rise.today. The customer app is available for free download from the Apple app store and Android Google Play. The Partner app is also available for free download from the Apple app store and Android Google Play, but can only be activated once a Partner has been on-boarded successfully. Setting up an Account will require you to provide information which may include your mobile phone number, address and card/payment details, and, in the case of Partners such information may also include professional qualifications, right of work in the UK, proof of necessary liability insurance, photograph and personal details. It is a condition of registering with Rise as a Partner that you hold a UK bank or building society account into which payments from Rise will be made. You hereby agree only to provide information which is true, complete, and accurate and to update it as necessary to keep the information current. We may reject the creation of an Account at our absolute discretion.
An Account is meant for use only by you (the individual User) and you are fully responsible for maintaining the confidentiality of all password and Account details, and for all activities that occur under your password or Account (including where the Account is used by another person), unless these activities aRise due to our negligence or breach of these terms by us.
You accept responsibility for all reasonable and foreseeable losses which Rise suffers as a result of a breach by you of these terms or your negligence when using the Member Services (including deliberately or negligently allowing others to use your Account).
You may cancel your Rise Account at any time by giving us notice at hello@Risetoday.co.
The Customer accepts responsibility for paying for any sessions which are made through the Member Services using his or her account details. By using and/or becoming a registered user of the Member Services, the Customer confirms that he or she has authority to use the payment method or billing account details provided for the purpose of settling any payments due for any purchase made through the Member Services, or that the Customer owes to us.
In order to use the Member Services, a Customer must provide valid information for a valid credit or debit card. Customers may update, add or delete card details at any time by amending the details on their Account.
The debit or credit card details of which have been provided will be charged for the full amount once Rise receives confirmation from a Partner that a session has been booked.
When a Customer initially books a session we may pre-authoRise payment on the payment card added to the app. This pre-authorisation will be released if the Session is cancelled or at the time of final payment. We reserve the right to take the pre-authorisation amount in the event that the payment for a session is not fully collected and you accept our right to do this.
When a session is booked Rise calculates the final amount to be paid, including applicable discounts. The Customer may release payment or Rise may take payment. The Customer agrees to hold sufficient funds in their account to pay the final amount as it becomes due and will not request a booking unless they can pay for it. We may, at our sole discretion, not allow a Customer to request a new booking if we are outstanding the payment for a prior session.
Rise does not accept cash payments. All Sessions are requested using a valid payment card and final payment is taken from the card once the Session is booked. Rise reserves the right not to accept certain payment cards including, but not limited to, pre-payment cards.
Rise does not directly hold payment card information.
Rise exists to introduce Customers to Partners, but as wellbeing and wellbeing Professionals in their own right the Partners are solely responsible for the quality and outcome of the session of facilities they provide. Partners are not employed by Rise and Rise disclaims any liability for the services that the Professionals provide. All Professionals are responsible for their own tax and employment affairs.
We take reasonable steps to check that Partners are experienced in the services they provide. We check ID, proof of address, certification and right to work and take reasonable steps to determine experience, which may include reference checking. A Customer may review the service provided by a Partner at the end of a Session and these reviews may be made available to other Users to provide assurance.
Rise cannot accept any liability for the suitability of the Partner providing the booked session or the quality of the outcome. Any dispute as to the quality, suitability or any other aspect of the service provided by a Partner must be resolved between the relevant Customer and the Partner. Customers understand that their use of the services provided by Partner is entirely at the Customer’s own risk and Rise will not be responsible for any damage or losses arising out of the provision of such sessions or facilities.
As a Rise Partner your facilities or services will be able to be booked by Customers when you have stated on the App that you have availability. You warrant that in displaying your availability you will complete the session, or provide the facilities, as specified, to the standards and timescales agreed with the Customer.
A Session is booked at a predetermined price. Rise will take a commission for introducing a Customer and a Partner. The level of this commission will be calculated as a percentage of the price of the Session and Rise reserves the right to vary the level of commission at any time at its sole discretion. The predetermined price quoted on the mobile app will be deemed to include commission. Rise will deduct the amount of such commission from the amount paid by the Customer before passing the remainder on to the Partner.
We reserve the right to change the commission structure at any time. By continuing to use the App and/or the Member Services, you are deemed to consent to any such change.
As a Customer you may cancel an on-demand or last minute booking any time after you have confirmed and the Session is matched, at no cost within the first 15 minutes. For Sessions booked in advance, a 24-hour cancellation policy applies. If you cancel a pre-booked Session less than 24 hours in advance you will be charged 10% of the value of the booking. If you cancel within 12 hours of the session time, you will be charged 50% of the session cost. If you cancel within 2 hours of a session, or miss a session, you will be charged for the full price of the session.
As a Partner, if you cancel a Session after you have accepted it, the Customer receives 15% off the next session and a 15% transaction fee to the service owner will be payable. In addition, you have to provide to us a full explanation of why you had to cancel that particular Session. Upon review of the explanation and situation, and in the case of certain emergencies, the associated fees may be refunded to you at our discretion. If you are more than 15 minutes late to a booked session, and the client cancels the booking due to your late arrival, we may deduct up to 50% of the value of the booked session from your earnings. If you cancel more than one booking within a 1 week period, you may be suspended from using our Member Services
As a Partner, if you cancel an annual membership (paid monthly or once a year) within 14 days, you will receive a full refund. Otherwise, you are billed 50 percent of your remaining contract obligation. For example if you pay monthly, we will bill you 50% of the months remaining.
If the Customer suffers loss or damage to their property and attributes the loss or damage to a Partner, in the first instance the Parties should try to resolve between themselves, which Rise may facilitate.
Rise will initiate a claims procedure if the loss or damage is reported to us and may take further action including reporting the matter to the police.
Customers and Partners are encouraged to offer reviews in the form of star rating, or feedback, for each other each time a Session is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Customer or Partner with whom you have engaged.
Rise reserves the right to terminate the Accounts of Users who repeatedly receive poor reviews.
Rise Partners may at their own discretion issue a Promocode (or Voucher) to Customers offering a discount from the total price of a Session. Such Promocodes are one-time usage codes, have a finite expiry date and may only apply one code per Customer per Session. If the full value of a Promocode is not used in a Session the residual unused value will be lost.
A Promocode may be withdrawn at any time at the Rise Partner’s sole discretion.
As a Partner, while Rise is acting as an agent for you, and for a minimum period of 6 months after the agency agreement has been terminated, you agree not to accept or solicit for Sessions that are offered to you by Customers you have been introduced to through Rise.
Rise reserves the right to terminate the Accounts of Users who enter into private engagements.
If you engage with another User who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to Rise at hello@Risetoday.co quoting the filing report number and location. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.
The App may use GPS locator capabilities to identify your current location for the purposes of delivering the Member Services. The communication standards for the Member Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the App, you must maintain an active account with a carrier of electronic communications through mobile devices.
You agree and acknowledge that information in connection with the Member Services is compiled and provided by third parties, and no responsibility is accepted by us or on our behalf for any errors, omissions or inaccurate content on the Site or App. If you believe that you have noticed an error, omission or inaccuracy, please let us know.
Use of the Member Services requires Internet access. You are responsible for all mobile carrier charges resulting from your use of the Member Services, including from any notifications provided by the Services. While we will make all reasonable efforts to ensure the availability of the Member Services on as broad a range of devices as possible, we cannot guarantee that the Member Services will be compatible with all devices or will be supported by all mobile carriers.
We take measures to keep the Site and the App free from computer viruses and other malicious programs. However, we cannot accept responsibility for any computer viruses or other malicious programs which are transmitted to your computer as a result of your use of the Site or a third party website, or which are transmitted to your mobile handset as a result of your use of the App, unless this was due to our negligence or a breach of these terms by us. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We cannot guarantee the availability of the Site or the App. As with any service over the Internet or mobile network there are factors over which we have no control, for which we cannot accept liability. You agree that we may take the Member Services offline where we consider that this is necessary for routine or emergency maintenance without liability to you.
If we believe that you have breached this Agreement or any provision of it, we may suspend or terminate your Account and your access to the Member Services. After any suspension or termination, you may or may not be granted permission to use the Member Services or re-establish an Account. You agree that we will not be liable to you for any suspension or termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Member Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account and we will not accept any liability for losses arising as a result of this.
You agree to use the Site, the App and any other channel provided by Rise or through which the Member Services are provided only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Member Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Site or the App.
All contents of the Site and the App, including any software, are protected by copyright, database right and other intellectual property rights. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of ours or of any other third party.
You may not reproduce any part of the Site or the App in any form unless we agree in writing in advance, except as necessary to use the Member Services in accordance with these terms or to keep a record of a transaction between you and us. You may not create a hypertext link to the Site or App or “frame” the Site or App unless we agree in writing in advance. Use of any automated system or software to extract data from the Site or the App (including screen scraping or account aggregation) is prohibited.
To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, wellbeing for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the Site, the App or any Member Services or any of the content.
Nothing in these terms limits our liability for death or personal injury directly caused by us.
All third party suppliers of products, services or content (including Partners) which we link to from the Site or the App, or within the Member Services are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their websites, including but not limited to any product liability claims. You should read the terms and conditions of any third party suppliers carefully.
If any of these terms are found to be invalid by a court or at law then the remainder of these terms shall continue to apply to the extent that they still make sense without the unenforceable term(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Member Services.
Neither you nor we intend any third party to be able to enforce any of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by Users, but may be freely transferred, assigned, or delegated by Rise.
No waiver of or delay in enforcing any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
You and We Agree that these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and each party agrees to the irrevocable jurisdiction of the English Courts to settle any dispute or claim arising out of these Terms.
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