Bespoke Massage LLC

Last updated: October 9, 2015

Welcome!  Bespoke Massage LLC dba ‘knead – relaxation. delivered.’ (“knead,” “we,” “us,” or “our”) owns and operates the website located at www.kneadrelaxationdelivered.com (the “Site”). These terms and conditions (“Terms and Conditions”) describe our information collection and use policies with respect to the information that you provide to us through the Site, the terms and conditions under which you may use our Site, and the terms and conditions under which we provide our massage services (the “Services”). Please read these Terms and Conditions carefully. By visiting our Site and/or booking an appointment for Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions and you represent and warrant that you are at least 18 years old or older. If you do not agree to any of these terms, then please do not access our Site or book an appointment for Services.

PRIVACY POLICY

How We Collect Your Information

We do not collect any personal information from you unless you voluntarily provide it to us.

In order to book an appointment for Services, you will need to provide us with work email address, your name, alternate email address (optional), phone number, birth date (optional), credit card and other payment related information. In this Privacy Policy, we refer to all personal information that you provide to us as “Personal Information.”  You have the option of allowing us to store this information and create an account for you, so that you may book additional appointments in the future.

Like most web sites, we use automatic data collection technology when you use the Site to record information that identifies your computer, to track your use of our Site, and to collect certain basic information about you and your usage habits. This information includes information about your operating system, your IP addresses, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of a website you visit, and similar information concerning your use of the Site (the “Usage Information”). We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a web site stores on your computer’s hard drive so that your computer will “remember” information about your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web site users.  You can reject cookies by following the directions provided in your Internet provider’s “help” file.  If you reject cookies, you may still visit the Site, but may not be able to use some areas of the Site. We do not collect Personal Information in this way, but if you’ve provided us with Personal Information we may associate that information with the information that is collected automatically. Automatic data collection may be performed on our behalf by our services providers.

How We Use Your Information

We will use your Personal Information and Usage Information for the following purposes:

  • To respond to your requests and to provide you with the Services;
  • To respond to your inquiries and contact you about changes to the Site and/or the Services;
  • To send you notices (for example, in the form of e-mails, mailings, and the like) regarding promotions, and for billing and collection purposes;
  • To improve the Services and/or the Site, and to customize your user experience on the Site;
  • For any other purposes disclosed at the time the information is collected or to which you consent; and
  • As otherwise specifically described in this privacy policy.

We will share your Personal Information and other information with our Massage Therapists who are independent contractors (“Massage Therapists”). Our Massage Therapists will use your information to provide Services to you.

We will share your credit card and other payment related information with third party service provider(s) (“Third Party Service Provider(s)”) as necessary to process your payment. The Third Party Service Provider(s) stores your credit card information; we do not store this information.  Storage by the Third Party Service Provider(s) of your credit card and other payment relating information is subject to the privacy policies and practices of the Third Party Service Provider(s) and is not subject to the terms of this privacy policy.  By providing your credit card and other payment related information, you acknowledge and agree to use of such information by the Third Party Service Provider(s) for purposes of processing your payment to us.  You will have the option to permit your credit card and other payment related information to be stored for the next time you make your appointment. If you select this option, the Third Party Service Provider(s) (and not knead) will store your information.

We, like many businesses, sometimes hire other companies to perform certain business-related functions.  Examples include mailing information, maintaining databases, hosting services, and, as discussed above, Third party Service Provider(s).  When we employ another company to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include Personal Information.

We may aggregate your Personal Information in a form that does not identify you personally and we may share such aggregate data with third parties.

If we or all or substantially all of our assets are acquired, we expect that the information that we have collected, including Personal Information, would be transferred along with our other business assets.

We may disclose user information, including Personal Information, to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We also may disclose such information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of the Site, or anyone else that could be harmed by such activities.

How We Protect Your Information

We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Accessing and Modifying Account Information

You may update the information that is stored in your user account by visiting www.kneadrelaxationdelivered.com and logging into your account or by e-mailing us at hello@kneadrelaxationdelivered.com.

Your Choices

If you wish to stop receiving e-mails from us, please send us a message at hello@kneadrelaxationdelivered.com. You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email.

External Sites

The Site may contain links to third-party websites (“External Sites”). We do not endorse such External Sites and are not responsible for the maintenance or content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Children

We do not knowingly collect Personal Information from children under the age of 13. If you are under 13, please do not give us any Personal Information.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the internet without their permission.  If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

TERMS OF USE

Registration

If you would like to book an appointment for Services, you will need to provide us with your email address. If, we provide Services in your area, you will  also need to provide us with the following additional information in order to proceed with booking your appointment for Services: your name, alternate email address (optional), phone number, and credit card and other payment related information.  You have the option of creating an account with us (an “Account”) so that you can easily book additional appointments for Service in the future.  In order to create an Account, you must select a user name and password. You represent and warrant that all information you provide to us is truthful and accurate, and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your Account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.  Our use of any Personal Information that you provide to us through the Site is governed by our privacy policy set forth above, the terms of which are hereby incorporated by reference into these Terms of Use.

Fees

You agree to pay any applicable fees made known to you when you book an appointment for Services. Our Third Party Service Provider(s) will charge your credit card on the day your appointment is made. You warrant and represent that you are the valid owner or an authorized user, of the credit card that you provide when you book your appointment and that all such information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

Cancellation

If you wish to cancel your appointment, you must provide at least four (12) hours advance notice to us.  If you fail to do so, you will be responsible for a cancellation fee equal to the total amount of the service. Rescheduling your appointment before the advance notice time is free of charge.

Intellectual Property

The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of knead (collectively referred to as the “knead Content”).  The knead Content is owned by us or our licensors, and is protected under both United States and foreign laws.  The knead Content includes trademarks, service marks, and logos of knead and its licensors used and displayed on the Site, which are registered and/or unregistered trademarks or service marks of knead or its licensors.  Except as otherwise provided in these Terms and Conditions, you have no rights in or to any knead Content.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimers and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, ALL KNEAD CONTENT, AND THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF KNEAD, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “KNEAD PARTIES”) SHALL BE LIABLE FOR ANY ERRORS OR ISSUES IN CONNECTION WITH ANY APPOINTMENTS MADE OR ATTEMPTED TO BE MADE THROUGH THE SITE OR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE. NONE OF KNEAD PARTIES HAS ANY RESPONSIBILITY OR LIABILITY FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SAME.

IN NO EVENT SHALL ANY OF THE KNEAD PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF A KNEAD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE KNEAD PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS AND CONDITIONS OR RELATING THERETO, EXCEED, AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY YOU FOR SERVICES RENDERED DURING YOUR APPOINTMENT IMMEDIATELY PRECEDING SUCH CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE KNEAD PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold the knead Parties harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms and Conditions; (ii) your access to, use, or misuse of the Site and/or the Services; or (iii) your negligence or willful misconduct.

Termination

We may terminate your access to the Site and/or cease to provide the Services at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the Services at any time without prior notice or liability.

Force Majeure

We will not be in breach of or in default under this agreement on account of, and will not be liable to the other party for, any delay or failure to perform his/her/its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”).

Severability

If any one or more of the provisions contained in this terms of use is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this terms of use, but this terms of use will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this terms of use to be unreasonable.

Changes to These Terms of Use

These Terms of Use are effective as of the date stated below.  We may change these Terms of Use from time to time, and will post any changes on the Site as soon as they go into effect.  By accessing the Site after we make any such changes, you are deemed to have accepted such changes.  Please refer back to these Terms of Use on a regular basis.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and Disclaimers and Limitation of Liability shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Except for proceedings commenced by knead to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the Commonwealth of Massachusetts. These Terms of Use contain the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter.

How to Contact Us

If you have questions about the Site or the Services, please send us a message via hello@knead.com.