Thank you for choosing our website and our mobile application for booking massages and other spa and wellness services. These terms of use of our website and mobile app and the terms of service, together with all the terms and policies set forth therein (our terms) constitute a legally binding agreement between you and CITYZEN HOME WELLNESS kft in Hungary, Ukraine and France (the company or “we”, “us” or “our”).
These terms govern the use of our website (“our website”), as well as our mobile application (“our mobile application”) and our services (our services). By using our website, our mobile application or services, you agree to be bound by our terms. Please, read carefully our terms. If you do not agree to them, you may not book any professional service via our mobile application or purchase any services through us.
To provide the services we need to process some of your personal data. Before you book with us, please, read our privacy policy which can be accessed at the bottom of this page (privacy policy).
Both the E-Commerce Act and the Consumer Protection Act require our website and our mobile application to clarify certain key aspects (e.g. information, cancellations and extra fees) so that the agreement between you and us is legally binding. The relevant information is below. You will also receive a notification prompting you to confirm any booking you make with us for an appointment with our independent professional, or to confirm the purchase of the services.
You hereby confirm that you are of the relevant legal age to access and use our website, our mobile application and/or our services, and that you are competent to agree with our terms and conditions. You may not use the services if you are a physical person under 18 years of age.
Our mobile application offers booking and purchasing services (the services). You can book a range of professional services (the professional services) by using the services, which are provided on a case-by-case basis by independent professionals (the independent professionals). In providing the services our website and our mobile application will be acting as an intermediary (agent) of the independent professionals. Our website and our mobile application cannot be held liable for any professional services you have booked through us: we are simply players in the booking and/or purchasing process, hosting of some extra services (including service booking by phone), as explained below.
The services we are offering will enable you to search our mobile application and purchase professional services from a number of independent professionals. By enabling you to purchase the professional services through our mobile application, we are acting as a commercial agent on behalf of the independent professionals. As part of the services, we are also willing to offer some extra services, such as assisting our customer with issues relating to the services (in our capacity as an agent of the independent professionals).
A contract for the purchase of the professional services, however, will be made between you and the relevant independent professional, as stated above. This means that the independent professional (and not us) will be legally bound as to the provision of the professional services to you. Our website and our mobile application will, however, take responsibility as to the performance of any obligations toward you in accordance with our legally binding terms and conditions. If you have any queries, complaints or refund requests, please, do not hesitate to contact us directly at: contact@cityzen-wellness.com. Our website and our mobile application will continue to serve as a point of contact regarding customer service. When you place an order through our mobile application, we will provide mediation services between you and a independent professional, or if any dispute arises, we will be assisting with resolving it.
Every time you make a booking through us, you will receive the relevant professional services subject to the independent professional’s terms and conditions (the independent professional’s terms and conditions). Our website and our mobile application is not a party to these independent professional’s terms and conditions, these will be in effect solely between you and the relevant independent professional that will be providing the professional services ordered.
You can book services through our mobile application by choosing an independent professional. Payment details will be requested upon making a booking and the relevant payment will be collected after the booking is made. Full payment of a service will be due when booking the professional services from a independent professional via our mobile application. Detailed pricing information is provided in our mobile application and our website basing on the area you are.
The service fee is intended for the independent professional that will be providing the professional services. Our website and our mobile application, as an intermediary on behalf of the independent professionals, will be acting as a third party in making arrangements for and collecting such service fee.
Receiving the full service fee will mean that your obligation to pay the relevant professional for the services you have booked up have been fulfilled. We are authorized by the independent professionals to make arrangements for the booking of their services on their behalf, acting as their agent. Once your booking has been accepted by the independent professional, you will receive a confirmation of your appointment by a notification inside our mobile application and on the email you have provided us.
When making a booking, you will take responsibility for:
● Full payment of the service fee due;
● Providing the relevant independent professional with access to your premises which should include adequate space where the independent professional can deploy their equipment and have suitable conditions available for performing the services (including adequate lighting and heating);
● Ensuring the health and safety of the independent professional is at your premises.
Cash payments are not accepted. You can pay with your bank card through our mobile application at the time of booking. Any service fee will need to be paid through our mobile application. We are collecting or arranging for the collection of fee payments for the services on behalf of the independent professionals. In any case, the receipt by us of your payment through our mobile application, in our capacity as a commercial agent acting on behalf of the independent professionals, will settle you obligation as to paying the amount due to the relevant independent professional.
We will do our best to ensure that all information you provide to us when making payment for professional services is safe and secure by using a cryptographic protection/secure payment method. However, in case of unauthorized access to any information you have provided by any third party, and provided that our website and our mobile application is not at fault, we cannot be held legally liable by you for any loss or harm done by such third parties misuse of the information that you have provided. To learn more about the processing of the information you have provided, please, read our privacy policy in the bottom of this page.
All credit or debit card payments must be authorized by the relevant card issuer. You may need to use additional safety steps through Verified by Visa or Mastercard Securecode if applicable. By making a booking or purchase you agree to provide complete, correct and true information, including but not limited to, billing and payment details.
All prices are VAT inclusive. The price will include the transportation costs of the independent professional to the designated place of service performance. All the prices are available in our mobile application and our website.
The price of the professional services (the service price or prices) will vary depending on the type and duration of the relevant professional service you have booked up, as well as the location of the premises you have designated as the place of performance of the professional services by the independent professional (separate premises).
Prices may vary and the price of the relevant service will be charged as a service fee or fees. Prices will be determined by reference to the service prices effective as at the date of the performance of the professional service you have booked up. Detailed service prices are available in our mobile application. The service prices may change at any time, without such changes to affect any booking you have already made.
In addition to the responsibilities mentioned above, you will take responsibility for the provision of complete and accurate information upon making a booking or purchase. Failure to provide complete and accurate information may result in rejection of your booking request, booking cancellation, the relevant independent professional may not be able to provide the professional service requested.
You have the right to cancel any booking that you have made with any independent professional through our mobile application under the following circumstances and conditions:
If you cancel your booking request in advance of the agreed time of the relevant appointment booked (appointment time), then the independent professional will be able to treat your booking as canceled (requiring no payment of all or part of the applicable service fee, and not charging any cancellation fee):
● At least three (3) hours before the relevant appointment time;
If, however, the booking is canceled:
● Within three (3) hour prior to the appointment, then, we will be entitled to keep (or charge a fee, depending on the case) one hundred per cent (100%) of the service price, because such cancellation will be deemed to be a very late cancellation.
You will also be charged the full-service price if:
● An attempt is made to cancel a booking at or after the appointment time; or
● You are not present at the appointment booked and/or in the premises.
A cancellation fee will be charged to compensate the independent professional, since the service requires his/her personal attendance and the use of his/her personal qualities, and it would be unreasonable to expect the independent professional to provide professional services or perform other services booked up if such services could be freely canceled in a very short notice or even without notice.
Cancellation fees may be waived at our discretion, if you are not able to cancel a booking for any justifiable reasons beyond your reasonable control, in which case no cancellation fee will be charged. In cases where cancellation fees are waived by us, we are acting as an agent of the independent professional that is the performer of the relevant professional service.
In the case of booking cancellation when no fees are fully or partially applied, the relevant amount to be refunded shall be refunded within 10 (ten) business days from the time the independent professional has confirmed that the relevant amount is not due. You will receive a confirmation at your e-mail address about your refunding, as well as about the refunding deadline. In such case, if you have canceled the booking for personal reasons, without this being done very late, you will still be required to pay the transfer fees (bank orpost/courier fees) at the time of the refund. If the fault for the non- performance of your order lies with the independent professional and the paid price/fee has to be refunded, then the relevant costs for the refund will be borne by the independent professional.
If you wish to extend the time for which you have booked a professional service, the relevant independent professional will make efforts to fulfill your request accordingly. This will depend on the actual availability of the independent professional and payment of an extra fee for the extended time in accordance with the service price (extra time fee or fees).
If you are late or unable to attend the professional services at the appointment time and at the designate premises, with a delay of more than 15 minutes, and unless the independent professional agrees to the contrary (which will be at the discretion of the independent professional):
● The independent professional will have the right to cancel the professional services at the agreed booking time, without making any adjustments to the service price to reflect the reduced professional service time; or
● If both you and the independent professional agree to continue with the performance of the professional services for a specified time, regardless of the delayed start, then you will need to pay prior to the performance of the relevant professional services an extra fee to the price quoted in the service prices to cover the extra time. We will be collecting extra fees as an agent on behalf of the independent professional.
Our services allow professional service seekers to book appointments with independent professionals willing to provide such professional services. While the independent professionals get rated in our mobile application, we do not explicitly guarantee or make any representations regarding the reliability, quality or suitability of the independent professionals.
How you would rate them depends entirely on you. Accordingly, you accept and agree that our website and our mobile application has no obligation to verify the professionalism of each and any independent professional and there is no obligation whatsoever with respect to the verification of the services provided by the independent professionals.
When interacting with an independent professional, you must exercise caution in protecting your personal safety, belongings and property, just as you would do when interacting with any person unfamiliar to you.
Our services are intended for personal and non-commercial use and should only be used to make an inquiry or booking for professional services, as expressly described above.
You may not use our website or our mobile application or services for any of the following actions (each of which is strictly forbidden):
● Illegal behavior, including but not limited to, illegal or sexually implying remarks, sexual harassment, drug use, excessive use of alcohol and/or other inappropriate behavior;
● Restricting or preventing another user from using the services;
● Violation of any third party’s privacy, property rights or other civil rights;
● Harass, abuse or threaten or otherwise violate the right of freedom of the professionals registered in our website and our mobile application (including employees or other staff members), or any other person;
● Collecting or transferring information about any other person, including e-mails and addresses, without their consent;
● Using technology or other means to access our computer network, unauthorized content or non-public spaces;
● Introduce or attempt to introduce viruses or other malicious codes, files or programs that interrupt or otherwise limit the Services, our website functionality or our application functionality, or damage, disable or otherwise affect our servers or networks or attempt to do so; or
● You engage in or encourage others to engage in criminal or other misconduct or violate our terms and conditions, including misuse of the services for illegal or unauthorized purposes.
You agree not to violate our terms and conditions in any manner, which may, among other things, result in the termination or suspension of your access to the services.
The name CITYZEN HOME WELLNESS, CityZen, the logo of our website and mobile app, the trademark and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the website, mobile application or services (registered or unregistered) are owned by us or our licensors (as applicable) and are protected by intellectual property law.
Nothing in our terms and conditions imply the granting of any rights to the website, mobile application, services or website contents. All rights reserved.
We are not responsible or liable for the performance of any services booked up or for the performance of independent professionals. You accept and agree that we cannot be held liable for any claim you may have against the independent professionals or professional services, however, we will be assisting by providing mediation services to resolve any disputes or complaints, as mentioned above.
The contents on our website and in our mobile application, which is available as part of the services, is intended only to be used as general information. Nothing contained in our website, our mobile application or messages as part of the services represents or is intended to constitute professional advice, opinion or guidance of any kind. We are not a healthcare provider, nor do we provide medical advice or medical treatment.
References made on our website, in our mobile application or elsewhere to the terms “treatment” or “therapy” or similar terms do not apply to medical treatment or medical therapy. The information provided on our website, in our mobile application or otherwise as part of the services is not intended to be used for diagnosing any health issues or to replace professional medical care. If you have any medical problem you should always seek advice from a physician.
We do not guarantee that our website, our mobile application or any other aspect of the services is suitable for a particular purpose, or is error-free, timely, reliable, completely secure, virus free or available. We do not guarantee the achievement of any specific results by using our website, our mobile application or any other aspects of the services.
Nothing in our terms and conditions can exclude or limit the warranty provided for by law, as it would be unlawful, and nothing in our terms and conditions may exclude or limit our liability in respect of: death or personal injury caused by fault or negligence on behalf of the website (its employees), due to fraud or misrepresentation by our website and our mobile application, or any other matters which would be unlawful for our website and our mobile application to exclude or limit its liability, or to attempt to do so.
We cannot be held liable for any errors or failure as to the provision of services due to your fault or lack of accurate and complete information.
Although we make every effort to ensure that the services are available, we do not in any way guarantee their continued availability at any time or the continued use of the services. We reserve the right to suspend or terminate all or part of the services at times and at our own discretion.
The use of our website, our services and our mobile application is based on “what is available” and “as available” basis. In no circumstances we can be held liable for any direct, indirect, criminal, incidental, special or consequential damage or any other damage whatsoever, including, but not limited to, compensation for the loss of use, loss of data, lost revenue, loss of reputation, loss of anticipated savings or profits, or any issues arising from or in any way related to the use or performance of the website or services, or delay or inability to use the website or services, or performance or non-performance of the website or services.
You accept and agree that you will owe compensation in connection with and against any claims, action, demands, refunded amounts, losses, damages, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees arising from or related to your use or misuse, or access to the services or otherwise, which has resulted in violation of our terms and conditions.
We may change our terms and conditions or terminate your use of the services at any time with a notification sent to you. If you do not accept the relevant changes made, you will have to stop using the services. Each and every aspect of the services is also subject to change, suspension or termination, including the availability of certain features at any time and for any reason.
If any provision of our terms and conditions is deemed to be or becomes invalid, the validity of the remaining provisions will not be affected.
You agree that our terms and conditions will be governed by and interpreted, for any purpose, in accordance with the relevant European Union legislation. You also accept and agree to submit to the exclusive jurisdiction of the Hungarian courts in respect of any claims or disputes arising out of our terms and conditions.
