Weil Wellbeing Terms and Conditions
1. Introduction
1.1 This platform is operated by PingLocker Limited (“PingLocker”), registered in England and Wales with Company Number 08349960 and whose registered office address is at 28 Orchard Road, Lytham St. Annes, Lancashire, FY8 1PF. Your contract is with us, PingLocker, and the Platform is operated on behalf of Weil, Gotshal & Manges (London) LLP.
1.2 You should read these terms and conditions (“Terms”) carefully and accept them before downloading the App and/or using the website or purchasing any of the Services. By using and/or ordering Services via the platform you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you should cease using the platform immediately or should refrain from placing any Orders.
1.3 We may change the Terms from time to time and it is the current version which will apply to each Order when you place it. Please read these Terms carefully and make sure that you understand them before placing an Order.
1.4 PingLocker may refuse or may cease to provide the Service where PingLocker considers that it is or may be used in breach of these Terms of Service, or for any unlawful or improper purpose or for any other reason.
1.5 If you need to contact us at any time about an Order you may do so as set out in paragraph 2.
1.6 Throughout these terms and conditions, the following words shall have the following meanings:
"Marketplace" - means range of products and services provided by third party suppliers to platform users
"Order" - your order for the Services as set out in the order form submitted via the Platform or App;
"Order Confirmation" - the confirmation message that you will receive on the Platform
"Order Form" - the order form contained on your account;
Platform" - Means the website (www.weilwellbeing.com) available in accordance with these Terms;
"Services" - the services provided to you by us including but not limited to the ordering of food, Personal Training Services, beauty services collectively the services offered by PingLocker as more particularly described on the relevant page of the Platform;
"Service Providers" - any third party with which we contract in order to assist us in providing the Services;
"Terms" - these terms and conditions as amended from time to time; and
1.7 In these Terms ‘we’, ‘our’ and ‘us’ refer to PingLocker, our subsidiaries, employees, agents and independent subcontractors. ‘You’ and ‘your’ refers to any individual using the Platform and/or making an Order for Services.
1.8 When we use the words “writing” or “written” in these Terms, this will include email and notifications via the Platform.
2. Contact between you and us
2.1 You can contact our customer care team by telephone on 02033688454, by writing to us at PingLocker, 28 Orchard Road, Lytham St. Annes, Lancashire, FY8 1PF, by email at support@pinglocker.com or via the Platform.
2.2 If we need to contact you we will do so by telephone, in writing to the email or postal address provided upon your Booking Request Form, by our instant messaging, or by email.
3. Use of the Platform
3.1 You confirm that you are of sufficient age (at least 18 years old) to lawfully use this Platform, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of this Platform and the Services. You understand that you are financially responsible for all uses of this Platform and the Services by you and those using your log-in information.
3.2 In using the Platform, you acknowledge that we are not responsible for interactions between users of this Platform. You agree that you shall not use the Platform for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the platform in any way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Platform. You also agree not to compromise the security of the Platform or attempt to gain access to secured areas of sensitive information.
4. Placing an Order
By submitting the Order Form (either as a registered member or as a new user) you are placing an Order for the relevant Services. The price of any Services will be as quoted on the relevant page on the Platform and this will be confirmed on your Order Form (‘Price’), or a price will be provided to you on review of your requirements.
4.1 Your Order constitutes a request for the provision of Services in accordance with the Price and any instructions you include at the time of placing the Order.
4.2 The Order Confirmation will confirm the pricing for the provision of Services in relation to those Items. Please contact us at this time if there are any errors with your Order. We will not be responsible for errors in your Order after this time. Submission of an Order does not create a contract between us. The (‘Contract’) arises when we send you an email confirming acceptance of your Order.
4.3 We will assign an order number to each Order and inform you of it when we accept the Order. Please quote the order number in all subsequent correspondence with us.
4.4 If for any reason we are unable fulfil your Order, we will let you know by email.
4.5 Where certain items do not match the descriptions contained in your Order whether because of their size, nature, or specific requirement. PingLocker reserves the right to agree separate pricing arrangements in relation to such Items and in such circumstances, we will contact you in order to discuss such pricing.
5. Your responsibilities
5.1 You must ensure that you follow all instructions as detailed throughout the Platform, Order Form or on instruction signs at the Locker or Concierge Locations (‘Instructions’). Failure to adhere to these instructions could result in your Order being rejected by us.
5.2 You shall not use the Services for any improper, immoral, unlawful or any other purpose other than that for which you inform us on the Order Form.
6. The Services
6.1 In providing the Services, PingLocker shall:
6.1.1. co-operate with you in all matters relating to the Services, and comply with all reasonable instructions provided;
6.1.2. perform the Services with the best care, skill and diligence in accordance with best practice in the relevant industry, profession or trade and
6.1.3. ensure that the Services will confirm with descriptions and specifications set out on the Platform.
7. Prices & Payment
7.1 The price of any Services will be as quoted on our Platform and prices include VAT (where applicable).
7.2 You are required to register your payment details prior to placing an Order. Payment for all Services must be by credit or debit card and by agreeing to these Terms you authorise use to take such payments, whenever arising. Where specifically agreed, payment may also be made by bank transfer or PayPal.
7.3 PingLocker makes reasonable efforts to ensure that all credit and debit card transactions carried out via the Services are secure. However, if unauthorised charges appear on your credit card or debit card statement for any card used on this Platform at any time during or after you make your Order, conduct your transaction or disclose your card details on this Platform, PingLocker shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of PingLocker’s negligence and subject to any statutory rights which you may have.
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation, unless the service you have ordered is not adequate. Should this happen, you will be requoted, should you reject the price proposal your order will be cancelled and the services not fulfilled.
7.5 From time to time some Services maybe available where the price will ‘By Quote’ which means that you may be able to place an order where the price will then be provided for your approval or rejection. Should you reject the price proposal your order will be cancelled and the services not fulfilled.
8. Accuracy
8.1 PingLocker does not warrant that information contained on the Platform will be error-free or that the Platform will be virus or bug-free.
8.2 The Platform contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed may have been incorrectly described or priced. We will normally rectify these errors however; we are under no obligation to provide the Services to you as described on the Platform at the time of the error.
9. Refunds & Cancellation
9.1 Where we are unable to supply the Services for any reason, we will issue you with a refund within 30 days of your Order, by crediting the card with which you paid.
9.2 We acknowledge that a contract is being entered into at distance and in accordance with the Consumer Contracts Regulations 2013 you have a right to cancel this agreement within 14 days after the day on which the contract is entered into.
9.3 Notwithstanding clause 3.1, you agree that the Services shall have been deemed to commence from the date and the time of the Order Confirmation and in accordance with the Consumer Contracts Regulations 2013 and in line with the distance selling regulations you have no further right to cancel the Services.
10. Liability and Limitation
10.1 We will perform the Services with a reasonable degree of care, diligence, skill and judgement and that the Services provided will be of satisfactory quality and reasonably fit for the purpose for which the relevant Services are commonly supplied.
10.2 Except in respect of death or personal injury caused by PingLocker’s negligence, PingLocker shall not be liable to you by reason of any representation (unless fraudulent), or any term or any duty for loss of anticipated savings, business revenues, or profits, or any indirect, special or consequential loss, loss of goodwill, data and all other such loss (whether or not arising in the normal course of business), or other economic loss or other claims however caused under this agreement or the provision of the Services.
11. If there is a problem with the services
11.1 If there is any problem with the Services:
11.1.1 please contact our customer care team by email at support@pinglocker.com as detailed on the Platform and tell us as soon as reasonably possible;
11.1.2 You will not have to pay for us to deal with your complaint.
13.2 Complaints should be notified to us within 24 hours of your order being completed if you believe that we are in breach of our obligations under these Terms.
11.3 As a consumer, you have statutory rights if our Services are not carried out with reasonable skill and care, or if the materials used are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12. Force Majeure
12.1 PingLocker shall not be liable for any default (or deemed to be in breach of this agreement) by reason of any delay due to any circumstances beyond our reasonable control.
12. Data
12.1 PingLocker may use details you provide us to provide the Services, process your payment for such Services and for the provision of information about our Services. We will at all times ensure compliance with all UK data protection laws and regulations in place from time to time. We will not process your information with third parties without informing you/your consent. This platform is operated by our technology partner Blackbell Inc, Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808, United States and we will operate the website and use your data in line with our Privacy Policy which is available to view via our website or by clicking here.
12. Intellectual Property rights and web-links
12.1 All content included on the Platform, including but not limited to, text, graphics, logos, icons, images, sound clips, video clips, page layout, underlying code and software is the property of PingLocker or our affiliates. You acknowledge that such material is protected by applicable laws and you agree not to use or copy any part thereof without our express permission. Nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any license or right in or to the platform content.
12.2 The Platform may contain hyperlinks to websites operated by parties other than PingLocker. Such hyperlinks are provided for your reference only. PingLocker does not control such websites and is not responsible for their contents. The inclusion of hyperlinks on this platform to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
12.3 The Platform is made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on this site for any commercial or competitive purpose.
13. General Matters
13.1 PingLocker reserves the right to vary these Terms from time to time without notifying you. By continuing to use and access the Platform you agree to be bound by any variation made. It is your responsibility to check these Terms from time to time to verify such variations.
13.2 PingLocker may employ sub-contractors for carrying out any part of the Services.
13.3 It is acknowledged that PingLocker shall not be liable for breach of contract or any other failure or defect in performance other than by employees of PingLocker or performed by you or your agents, employees or others associated with you.
13.4 If any term or provision of these Terms are held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue in full force and effect.
13.5 These Terms (together with descriptions and specifications detailed on the Platform) constitute the entire agreement between the parties.
13.6 No delay, act or omissions by either you or PingLocker in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy.
13.7 The contract formed between you and PingLocker on the acceptance of the Order are not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.8 These Terms and our contract will be governed by the law of England and Wales. Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.
Links to terms specific to services:
Terms specific to Marketplace and Online Shop
1.1 This platform is operated by PingLocker Limited (“PingLocker”), registered in England and Wales with Company Number 08349960 and whose registered office address is at 28 Orchard Road, Lytham St. Annes, Lancashire, FY8 1PF. Your contract is with us, PingLocker, and the Platform is operated on behalf of Weil, Gotshal & Manges (London) LLP.
1.2 You should read these terms and conditions (“Terms”) carefully and accept them before downloading the App and/or using the website or purchasing any of the Services. By using and/or ordering Services via the platform you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you should cease using the platform immediately or should refrain from placing any Orders.
1.3 We may change the Terms from time to time and it is the current version which will apply to each Order when you place it. Please read these Terms carefully and make sure that you understand them before placing an Order.
1.4 PingLocker may refuse or may cease to provide the Service where PingLocker considers that it is or may be used in breach of these Terms of Service, or for any unlawful or improper purpose or for any other reason.
1.5 If you need to contact us at any time about an Order you may do so as set out in paragraph 2.
1.6 Throughout these terms and conditions, the following words shall have the following meanings:
"Marketplace" - means range of products and services provided by third party suppliers to platform users
"Order" - your order for the Services as set out in the order form submitted via the Platform or App;
"Order Confirmation" - the confirmation message that you will receive on the Platform
"Order Form" - the order form contained on your account;
Platform" - Means the website (www.weilwellbeing.com) available in accordance with these Terms;
"Services" - the services provided to you by us including but not limited to the ordering of food, Personal Training Services, beauty services collectively the services offered by PingLocker as more particularly described on the relevant page of the Platform;
"Service Providers" - any third party with which we contract in order to assist us in providing the Services;
"Terms" - these terms and conditions as amended from time to time; and
1.7 In these Terms ‘we’, ‘our’ and ‘us’ refer to PingLocker, our subsidiaries, employees, agents and independent subcontractors. ‘You’ and ‘your’ refers to any individual using the Platform and/or making an Order for Services.
1.8 When we use the words “writing” or “written” in these Terms, this will include email and notifications via the Platform.
2. Contact between you and us
2.1 You can contact our customer care team by telephone on 02033688454, by writing to us at PingLocker, 28 Orchard Road, Lytham St. Annes, Lancashire, FY8 1PF, by email at support@pinglocker.com or via the Platform.
2.2 If we need to contact you we will do so by telephone, in writing to the email or postal address provided upon your Booking Request Form, by our instant messaging, or by email.
3. Use of the Platform
3.1 You confirm that you are of sufficient age (at least 18 years old) to lawfully use this Platform, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of this Platform and the Services. You understand that you are financially responsible for all uses of this Platform and the Services by you and those using your log-in information.
3.2 In using the Platform, you acknowledge that we are not responsible for interactions between users of this Platform. You agree that you shall not use the Platform for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the platform in any way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Platform. You also agree not to compromise the security of the Platform or attempt to gain access to secured areas of sensitive information.
4. Placing an Order
By submitting the Order Form (either as a registered member or as a new user) you are placing an Order for the relevant Services. The price of any Services will be as quoted on the relevant page on the Platform and this will be confirmed on your Order Form (‘Price’), or a price will be provided to you on review of your requirements.
4.1 Your Order constitutes a request for the provision of Services in accordance with the Price and any instructions you include at the time of placing the Order.
4.2 The Order Confirmation will confirm the pricing for the provision of Services in relation to those Items. Please contact us at this time if there are any errors with your Order. We will not be responsible for errors in your Order after this time. Submission of an Order does not create a contract between us. The (‘Contract’) arises when we send you an email confirming acceptance of your Order.
4.3 We will assign an order number to each Order and inform you of it when we accept the Order. Please quote the order number in all subsequent correspondence with us.
4.4 If for any reason we are unable fulfil your Order, we will let you know by email.
4.5 Where certain items do not match the descriptions contained in your Order whether because of their size, nature, or specific requirement. PingLocker reserves the right to agree separate pricing arrangements in relation to such Items and in such circumstances, we will contact you in order to discuss such pricing.
5. Your responsibilities
5.1 You must ensure that you follow all instructions as detailed throughout the Platform, Order Form or on instruction signs at the Locker or Concierge Locations (‘Instructions’). Failure to adhere to these instructions could result in your Order being rejected by us.
5.2 You shall not use the Services for any improper, immoral, unlawful or any other purpose other than that for which you inform us on the Order Form.
6. The Services
6.1 In providing the Services, PingLocker shall:
6.1.1. co-operate with you in all matters relating to the Services, and comply with all reasonable instructions provided;
6.1.2. perform the Services with the best care, skill and diligence in accordance with best practice in the relevant industry, profession or trade and
6.1.3. ensure that the Services will confirm with descriptions and specifications set out on the Platform.
7. Prices & Payment
7.1 The price of any Services will be as quoted on our Platform and prices include VAT (where applicable).
7.2 You are required to register your payment details prior to placing an Order. Payment for all Services must be by credit or debit card and by agreeing to these Terms you authorise use to take such payments, whenever arising. Where specifically agreed, payment may also be made by bank transfer or PayPal.
7.3 PingLocker makes reasonable efforts to ensure that all credit and debit card transactions carried out via the Services are secure. However, if unauthorised charges appear on your credit card or debit card statement for any card used on this Platform at any time during or after you make your Order, conduct your transaction or disclose your card details on this Platform, PingLocker shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of PingLocker’s negligence and subject to any statutory rights which you may have.
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation, unless the service you have ordered is not adequate. Should this happen, you will be requoted, should you reject the price proposal your order will be cancelled and the services not fulfilled.
7.5 From time to time some Services maybe available where the price will ‘By Quote’ which means that you may be able to place an order where the price will then be provided for your approval or rejection. Should you reject the price proposal your order will be cancelled and the services not fulfilled.
8. Accuracy
8.1 PingLocker does not warrant that information contained on the Platform will be error-free or that the Platform will be virus or bug-free.
8.2 The Platform contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed may have been incorrectly described or priced. We will normally rectify these errors however; we are under no obligation to provide the Services to you as described on the Platform at the time of the error.
9. Refunds & Cancellation
9.1 Where we are unable to supply the Services for any reason, we will issue you with a refund within 30 days of your Order, by crediting the card with which you paid.
9.2 We acknowledge that a contract is being entered into at distance and in accordance with the Consumer Contracts Regulations 2013 you have a right to cancel this agreement within 14 days after the day on which the contract is entered into.
9.3 Notwithstanding clause 3.1, you agree that the Services shall have been deemed to commence from the date and the time of the Order Confirmation and in accordance with the Consumer Contracts Regulations 2013 and in line with the distance selling regulations you have no further right to cancel the Services.
10. Liability and Limitation
10.1 We will perform the Services with a reasonable degree of care, diligence, skill and judgement and that the Services provided will be of satisfactory quality and reasonably fit for the purpose for which the relevant Services are commonly supplied.
10.2 Except in respect of death or personal injury caused by PingLocker’s negligence, PingLocker shall not be liable to you by reason of any representation (unless fraudulent), or any term or any duty for loss of anticipated savings, business revenues, or profits, or any indirect, special or consequential loss, loss of goodwill, data and all other such loss (whether or not arising in the normal course of business), or other economic loss or other claims however caused under this agreement or the provision of the Services.
11. If there is a problem with the services
11.1 If there is any problem with the Services:
11.1.1 please contact our customer care team by email at support@pinglocker.com as detailed on the Platform and tell us as soon as reasonably possible;
11.1.2 You will not have to pay for us to deal with your complaint.
13.2 Complaints should be notified to us within 24 hours of your order being completed if you believe that we are in breach of our obligations under these Terms.
11.3 As a consumer, you have statutory rights if our Services are not carried out with reasonable skill and care, or if the materials used are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12. Force Majeure
12.1 PingLocker shall not be liable for any default (or deemed to be in breach of this agreement) by reason of any delay due to any circumstances beyond our reasonable control.
12. Data
12.1 PingLocker may use details you provide us to provide the Services, process your payment for such Services and for the provision of information about our Services. We will at all times ensure compliance with all UK data protection laws and regulations in place from time to time. We will not process your information with third parties without informing you/your consent. This platform is operated by our technology partner Blackbell Inc, Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808, United States and we will operate the website and use your data in line with our Privacy Policy which is available to view via our website or by clicking here.
12. Intellectual Property rights and web-links
12.1 All content included on the Platform, including but not limited to, text, graphics, logos, icons, images, sound clips, video clips, page layout, underlying code and software is the property of PingLocker or our affiliates. You acknowledge that such material is protected by applicable laws and you agree not to use or copy any part thereof without our express permission. Nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any license or right in or to the platform content.
12.2 The Platform may contain hyperlinks to websites operated by parties other than PingLocker. Such hyperlinks are provided for your reference only. PingLocker does not control such websites and is not responsible for their contents. The inclusion of hyperlinks on this platform to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
12.3 The Platform is made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on this site for any commercial or competitive purpose.
13. General Matters
13.1 PingLocker reserves the right to vary these Terms from time to time without notifying you. By continuing to use and access the Platform you agree to be bound by any variation made. It is your responsibility to check these Terms from time to time to verify such variations.
13.2 PingLocker may employ sub-contractors for carrying out any part of the Services.
13.3 It is acknowledged that PingLocker shall not be liable for breach of contract or any other failure or defect in performance other than by employees of PingLocker or performed by you or your agents, employees or others associated with you.
13.4 If any term or provision of these Terms are held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue in full force and effect.
13.5 These Terms (together with descriptions and specifications detailed on the Platform) constitute the entire agreement between the parties.
13.6 No delay, act or omissions by either you or PingLocker in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy.
13.7 The contract formed between you and PingLocker on the acceptance of the Order are not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.8 These Terms and our contract will be governed by the law of England and Wales. Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.
Links to terms specific to services:
Terms specific to Marketplace and Online Shop
