Terms of Service

TERMS AND CONDITIONS OF USE OF THE WEBSITE ‘massageheaven.GR’ AND THE SERVICES PROVIDED BY THE ONLINE STORE

Users of the website / customers are kindly requested to carefully read the content of the following terms and conditions.
The website “[www.massageheaven.gr](http://www.massageheaven.gr)” includes the online presence of the company (hereinafter “the Company”).

Through the website [www.massageheaven.gr](http://www.massageheaven.gr), services of masseurs collaborating with the Company (hereinafter collaborators/masseurs) are advertised and promoted, under the terms of use described below, which the user of the website / customer fully and unreservedly accepts. The present terms of use of the Company’s website and its online store constitute the contractual framework that governs every transactional relationship related to the products or services offered for sale, which is established between the Company and the users / customers who access its website, and describe the manner of operation and organization of the Company, based on the legislative framework applicable to distance contracts and electronic commerce, as well as the provisions of the Civil Code, subject to any other special provisions that apply in this case. The provisions of the applicable legislation apply and are enforced regardless of the terms of use described herein, even if they are not provided for in these terms of use.

The present terms of use are legible and formulated in a clear, distinct, and understandable manner for the average reader, in compliance with the provisions of good faith and commercial ethics, as well as those governing the validity of transactions, in accordance with the provisions of the Civil Code.

**BINDING NATURE**

The users / customers who access the Company’s website and use the services of its online store declare that they have read and understood these terms of use and have been informed about everything mentioned therein, and therefore accept them unreservedly before proceeding with any transaction with the Company. Before the user / customer proceeds with browsing the Company’s website, with the aim of using the services provided, they are requested to ensure that they have fully read and understood these terms of use and accept them, as any use or / and transaction with the Company henceforth implies the full and unreserved acceptance of these. Mere browsing of the website by users implies the explicit and unreserved acceptance of the terms of use, as they are formulated and described herein. The use of the electronic pages and services provided to the users / customers of the Company by the website “[www.massageheaven.gr](http://www.massageheaven.gr)” presupposes their unreserved agreement with all the terms of use governing this website, as these terms are analyzed and described herein. If the user / customer does not agree with them, they must refrain from using and browsing the Company’s website, as well as from using its online store and any service provided by the Company.

**SERVICES PROVIDED BY THE COMPANY**

The Company exclusively provides advertising space and time on the internet, undertaking the promotion—through targeted advertising and promotional actions on the internet—of in-home professional massage services, as well as chiropractic massage and alternative therapies aimed at mental and physical relaxation by collaborators / masseurs who have presented their certifications to our Company. It also undertakes the full organization of sessions through a call center. The offered massage and alternative / complementary therapy services cannot address conditions requiring medical care and in no way substitute or complement medical science and its methods.

The Company provides exclusively and only the services described in detail above, and there is no connection, legal or otherwise, between it and other companies with similar activities. The Company reserves all its legal rights against anyone who spreads rumors against it and makes offensive and untrue characterizations that have no relation to the Company and the type of services it provides. The in-home massage offered by professionals/masseurs, with the sole aim of mental and physical relaxation, does not extend to activities contrary to the professional philosophy and ethics of the Company. Malicious and false characterizations regarding a different activity and alleged legal involvement with other companies have the sole purpose of damaging the reputation and clientele of the Company.

**LEGAL NATURE OF THE COMPANY’S SERVICES AND ITS RELATIONSHIP WITH COLLABORATORS / MASSEURS**

The Company does not hire staff, nor does it employ collaborators / masseurs under a dependent employment relationship, but only provides advertising space and time on its website, acting as an intermediary between, on the one hand, the collaborators / masseurs and, on the other hand, the users / customers of the Company, merely indicating opportunities and proposals for the conclusion of a service provision contract from the former to the latter. The collaborators / masseurs are compensated exclusively by the users / customers of the Company—to whom they provide their services—and not by the Company itself. In other words, the Company provides advertising services, operating, in effect, as an agency business, as understood by the prevailing scientific opinion\[1].

The Company, through telephone communication with customers and via its website, informs its users / customers that the services provided by the collaborators / masseurs are exclusively professional chiropractic massage (massage) and alternative, non-medical therapies. The collaborators / masseurs of the Company, having been fully informed about the services they are obliged to provide to the users / customers of the Company within the framework of their collaboration with the Company, are required to provide the advertised services in full and only, and to refrain from providing any other type of services to the users / customers of the Company that are not included in those described on the Company’s website, always guided solely by the services as described on the Company’s website. The users / customers of the Company are correspondingly requested to refrain from requesting the collaborators / masseurs to provide services that do not correspond in content and purpose to the services described on the Company’s website, the provision of which the Company solely undertakes to facilitate.

For users / customers under 16 years of age, the consent of their parents or those exercising their custody is required before using the services of this website.

**OBLIGATIONS OF COLLABORATORS / MASSEURS**

The collaborators / masseurs of the Company are expressly prohibited from providing the users / customers of the Company with their personal contact details, such as their phone numbers, social media accounts, business cards, etc., with the aim of providing private services to them without the mediation of the Company and without its knowledge. They are also prohibited from engaging in any form of communication with the users / customers of the Company with the intent to conclude service provision agreements without prior notification to the Company. Any such secret communication or agreement made without the Company’s knowledge is presumed to be conducted with the intent of unfair competition against the Company—that is, with the purpose of professional dominance contrary to good morals—and automatically grants the Company the right to compensation, without the burden of proving the relevant degree of fault. If a user / customer requests them to provide their services without the Company’s mediation, they must immediately inform the Company and refrain from servicing that user / customer without the prior explicit permission of the Company. The collaborators / masseurs have been informed of the above prohibition and accept it. This prohibition applies to collaborators / masseurs for up to 6 months after the termination of their collaboration with the Company. The Company has the right to conduct checks to ensure compliance with the above obligations of the collaborators / masseurs and to take legal action in case of their violation.

The collaborators / masseurs of the Company undertake the obligation not to disclose to third parties information concerning the terms and manner of their collaboration with the Company, but to maintain confidentiality regarding all data that constitute confidential information of the Company and are, for this reason, confidential. In case a breach of this obligation is found, they are liable to the Company for both the restoration of any financial damage and monetary compensation for any moral harm that may be suffered.

**LIMITATION OF COMPANY’S LIABILITY**

For the proper and appropriate fulfillment of the obligations of the collaborators / masseurs toward the users / customers (e.g., for the application of chiropractic techniques or the products they use), the collaborators / masseurs are solely and entirely responsible. The responsibility for the effectiveness and safety of the techniques or applied products (e.g., cosmetics, aesthetic products, oils, devices, etc.), as well as the responsibility for any consequences arising from the application of these techniques and products, lies exclusively with the collaborators / masseurs, and the Company bears no responsibility for any complaints from users / customers regarding the quality, effectiveness, or potential side effects (e.g., injuries or allergies) of the provided services, techniques, and products, the selection and application method of which fall within the exclusive sphere of responsibility of the collaborators / masseurs. The collaborators / masseurs are solely responsible for adhering to all hygiene and cleanliness rules (e.g., disinfecting the devices they use, not reusing disposable items, thoroughly washing their hands, etc.). The collaborator / masseur must use the appropriate professional equipment for each case, as well as approved application products that have received market authorization in the Greek market, for the quality and safety of which they bear exclusive responsibility. The Company, on the other hand, is neither able nor obliged to monitor the means and techniques used by the collaborators / masseurs during sessions with users / customers, and, by way of example, is not responsible for the quality, specific properties, specific characteristics, accuracy, or correctness of the description of products/services, the existence of any legal or actual defects, or the manner or time of their delivery to users / customers. In particular, it is not liable for any injuries during the application of techniques, allergies from the application of dermocosmetic products, delays in the arrival of collaborators / masseurs at the predetermined place and time, or the cancellation, postponement, or failure of a scheduled session due to obstacles falling exclusively within the sphere of responsibility of the collaborators / masseurs. The proper and appropriate fulfillment by the collaborators / masseurs of the agreements with the users / customers of the Company is not subject to the Company’s control, and any case of abnormal development of the contractual relationship between the users / customers and the collaborators / masseurs (which includes any possible case of inability to provide, debtor’s delay, or defective performance) falls exclusively within the fault and responsibility of the latter, who are the only ones passively legitimized in case of claims by users / customers for either primary performance or secondary compensation (due to non-performance, delay, or defective performance). It should be noted that delays in conducting a scheduled session or its cancellation due to reasons constituting force majeure events (e.g., flood, lightning, earthquake, fire, explosion, war, state of national emergency, or any other similar and unforeseen event beyond the sphere of any degree of fault of the parties) in no case give rise to a claim for compensation against the Company or its collaborators / masseurs.

The Company is not obliged to verify the existence of degrees, certificates of study, seminars, or professional practice certifications from the collaborator / masseur. The collaborators / masseurs are aware that to legally provide their services to the users / customers of the Company, they must hold the required professional practice license, as well as any other legally stipulated conditions for practicing the profession of masseur.

The users / customers must behave politely toward the Facially with respect to the Company’s collaborators / masseurs and with respect for their profession, refraining from words or actions that could be considered by them as an insult to their personality, honor, or professional dignity. In particular, users / customers are prohibited from engaging in romantic advances with the collaborators / masseurs, requesting the provision of erotic services, or physically or psychologically coercing the collaborators / masseurs into committing or facilitating erotic or other lascivious acts. In such cases, the session must be permanently terminated, and the collaborator / masseur is no longer obliged to provide their services to the user / customer, and the user / customer is not entitled to request a refund of the amounts paid. In the event that the collaborator / masseur is the one who has made inappropriate proposals or actions, the user / customer has the right to discontinue the session, claiming a refund of the amounts paid. Furthermore, the Company bears no responsibility toward the collaborators / masseurs if, during the performance of their duties, behavior arises that gives rise to tortious liability on the part of the users / customers, such as, for example, if a user / customer, despite the clear objection of the collaborator / masseur, displays lascivious and indecent behavior or acts offensively or even violently.

**COMPLIANCE OF THE TERMS OF USE WITH THE APPLICABLE LEGISLATIVE FRAMEWORK**

The present terms of use are fully aligned with the legislation in force in Greece regarding consumer protection and distance contracts\[2] \[Law 2251/1994 as amended, following the incorporation of Directive 2005/29 (EU L 149) of the European Parliament and of the Council, with Law 3587/2007 (Government Gazette A’ 152/10.7.2007)\], as well as electronic commerce (Joint Ministerial Decision Z1-891/13.8.2013, Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, and Presidential Decree 131/2003 on electronic commerce). It is clarified that the present terms of use fully incorporate the requirements of the General Data Protection Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter GDPR) for the protection of natural persons with regard to the processing of personal data and the free movement of such data on the Company’s website.

**APPLICATION OF THE GENERAL DATA PROTECTION REGULATION**

With regard to the GDPR, the Company undertakes to use the personal data of the collaborating masseurs exclusively for the purpose of fulfilling its obligations toward its users / customers within the framework of the services provided, as described on its website, after informing the collaborating masseurs and obtaining their relevant consent. In this context, the Company has the right to disclose online and personally to potential users / customers only the pseudonym or first name (at the Company’s discretion) and the photograph of the collaborators / masseurs who agree to have these posted on the Company’s website and its corporate social media page. The Company guarantees that it has obtained the consent of the collaborators / masseurs before the above personal data are posted on its website and social media accounts and processed by the Company, or that the collaborators / masseurs have not objected to such posting and processing. The Company is exempt from any liability for any inaccuracy or falsehood of the personal data and information provided to it concerning them.

The Company may inform the collaborators / masseurs if, in its opinion, there is a risk from any instruction given by a user / customer that may lead to a violation of personal data protection legislation concerning the collaborators / masseurs. If the Company wishes to process the personal data of the collaborators / masseurs for purposes related to the services it provides, it is responsible for ensuring the legality of such processing and compliance with all other requirements of personal data protection legislation. The Company is entitled to maintain a complaints log with general impressions from their experience with the Company and their sessions with the collaborators / masseurs, as well as cases of users / customers who were not served, along with the names of the collaborators / masseurs who were obliged to fulfill and did not fulfill. The Company must amend these terms of use in case of changes to the applicable legislation to ensure compatibility with the new legislation and inform the users / customers of the website about any changes or modifications to the terms of use.

For any personal information stored in the Company’s database, all necessary measures will be taken to ensure their proper security. Any unlawful breach of this website’s database will be reported to all directly affected parties, as well as to the competent authorities, within 72 hours of the breach, provided it is evident that the personal data stored in an identifiable form have been stolen.

In compliance with the GDPR and applicable national legislation, the Company informs its users / customers about the manner of processing their personal data. The use of this website constitutes explicit acceptance of the following. The data collected by the Company come exclusively from the voluntary provision by the users / customers and are limited to those necessary to support, promote, and execute the services provided by the Company. Primarily, these include, indicatively, the full name, contact phone number, and email address. These details are collected through the website or during telephone communication between the users / customers and the Company and are used exclusively to inform them about an offer that interests them, as well as for their general information about offers or features of the website. Under no circumstances does the Company sell the personal data of its users / customers or share or disclose them to third parties for advertising or promotional purposes. Access to these is granted only to authorized employees or collaborators of the Company, exclusively for the purposes mentioned above. The stored data may be disclosed to the competent judicial, police, and other administrative authorities upon their lawful request. The Company assures that it takes care to protect the personal data of the users / customers it manages and adopts all necessary security measures for this purpose. The Company does not retain credit card details, as these are provided directly by the user / customer to the respective collaborating financial institutions. The users’ connection to the website is made using a username and encrypted password in an HTTPS environment with an installed security certificate that ensures the security of the connection through encryption. The Company reserves the right to send informational emails to users under the terms of the applicable legislation. To this end, during their registration on the website, users / customers give their consent for the sending of informational or promotional emails to them. If they object to this action, they do not receive such messages; however, they may revoke their consent at any time.

The Company provides users with the option, in every informational or promotional email it sends, to stop receiving such messages by selecting a relevant hyperlink included therein.

The personal data of users / customers are retained for 30 days, which is deemed necessary to achieve the purpose for which they were collected. Users / customers have the right to request from the Company a copy of the data it holds, as well as their correction, supplementation, or deletion. They also have the right to request the restriction of the way the Company processes them or their transfer to third parties (“data portability”). If users / customers wish to exercise any of these rights, they can send an email at massagegreece247 \[at] gmail \[dot] com.

The personal details and information of users/customers:

– must not be false, inaccurate, or misleading
– must not contain viruses, trojans, worms, time bombs, or cancel bots, or any other program code that may intentionally cause damage or lead to the loss of system data in general, nor should they lead to the loss of resources, services, or functions of the Website or the Company, in part or in whole, related to connection providers or other collaborators.
In any case, the storage and processing of users’ personal data are carried out by specific, authorized Company personnel and external collaborators, who are also authorized regarding the provision of customer support and technical support services, and are governed by the European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data, the Data Protection Act 2018, which incorporated the Regulation into English law, and Law 4624/2019, which incorporated the Regulation into Greek law, as well as the EU-U.S. Privacy Shield. For the security of the personal data of masseurs / employees, they use only their first name when communicating with users / customers, aiming to facilitate the allocation of the services provided by each. All necessary technical and organizational measures have been taken, in accordance with the provisions of the Regulation, to ensure data security.

The Company’s online store website provides users / customers with the option, if they wish, to be informed about the Company’s new products, as well as any other offers and services, by sending promotional – informational messages to the email, postal address, or phone number they have requested. The Company’s online store will under no circumstances misuse the aforementioned service. It is emphasized that the option to discontinue this service and unsubscribe from the Company’s relevant newsletter is always provided by sending a relevant request.

Users / customers of the Company’s website may “download” or print the contents found on the website exclusively for personal use, but not for commercial purposes, provided they do not modify or alter the content in any way or delete indications of copyrights and trademarks. The contents of the website are prohibited from being copied, sent, or distributed in any way for commercial use without the prior written approval of the Company. All content on the website, as well as all related intellectual and industrial property products, including, indicatively, distinctive titles and features, trademarks, images, graphics, photographs, illustrations, videos, sketches, provided services, designs, texts, etc., are protected under the relevant provisions of Greek law, European law, and international intellectual property conventions. Any act that may constitute an infringement of intellectual or industrial property rights is generally prohibited. Logos, brand names, trademarks, and features included on this website belong to the Company or / and to the persons mentioned as owners of the relevant rights on the website and are protected in accordance with the applicable legislation on industrial and intellectual property. Their appearance on the website should in no way be construed as a transfer or assignment of a license or right to use them.

Regarding the texts, opinions, and material in general posted by users / customers on the website in the form of comments accompanying each post, the Company stipulates that the applicable intellectual property legislation applies to them. The aforementioned material is the property of the users / customers who post it; however, the right to publish is granted to the Company, provided it is published unaltered. The Company declares that it does not endorse the texts, opinions, and material in general of its users / customers and bears no responsibility for any damage caused by the aforementioned material.

Users / customers agree and undertake the obligation to use the services, information, and data of the Company’s website and its online store as provided by law and based on the rules of good faith and commercial ethics. Specifically, they are obliged not to use the online store with the Company’s trademark for:
1. Sending, publishing, or transmitting in any way any content that is illegal for any reason, causes unlawful infringement and harm to the Company or any third party, or violates the confidentiality or privacy of any person’s information.
2. Sending, publishing, or transmitting in any way any content that offends morals, social values, minors, etc.
3. Sending, publishing, or transmitting in any way any content for which users do not have the right to transmit under the law or applicable contracts (e.g., insider information, proprietary and confidential information acquired or disclosed as part of employment relationships or covered by confidentiality agreements).
4. Sending, publishing, or transmitting in any way any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any kind of third parties.
5. Sending, publishing, or transmitting in any way any material containing software viruses or any other codes, files, or programs designed to interrupt, cause damage, destroy, or impair the operation of any computer software or hardware.
6. Intentional or unintentional violation of applicable legislation or its provisions.
7. Harassment of third parties in any way.
8. Collection or storage of personal data related to other users.

Users / customers of the Company’s website accept that they will not use it to publish, send via email, or transmit in any way: any content that is illegal, harmful, threatening, offensive, defamatory, slanderous, vulgar, obscene, or in any way contrary to good morals, constitutes a violation of someone else’s privacy, shows prejudice, or expresses racial, national, or other discriminations, may cause harm to minors in any way, or is not entitled to be transmitted under the law or contractual prohibition (e.g., confidential information acquired or disclosed as part of employment relationships or covered by confidentiality agreements), infringes any patent, trademark, trade secret, copyright, or other proprietary rights of third parties, contains software viruses or any other codes, files, or programs designed to interrupt, cause damage, destroy, or impair the operation of any computer software or hardware, violates in any way the applicable Greek and EU legislation and its provisions, may harass third parties in any way, and any content used to collect or store personal data related to other users.

**INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS**

This website, as well as all its contents, including, indicatively, distinctive titles and features, trademarks, images, graphics, photographs, designs, texts, logos, and software, constitute the intellectual and industrial property of the Company and are protected by Greek, European, and International Industrial and Intellectual Property Rights Legislation. Furthermore, the design and presentation of the website, as well as its settings, also constitute the property of the Company. The domain name massageheaven.gr is legally registered in the database of the Hellenic Telecommunications and Post Commission (EETT), and “massageheaven” is the legally registered trademark. Regarding the intellectual and industrial property rights of third parties (e.g., collaborating websites, members, or companies), their protection lies solely with the rights holders. Any copying, analog/digital recording, mechanical reproduction, distribution, transfer, downloading, modification, resale, creation of derivative work, or misleading the public about the actual provider of the above website content is prohibited. Any reproduction, republication, uploading, announcement, dissemination, or transmission, or any other use of the content in any way or medium for commercial or other purposes, is permitted only with the prior written permission / written consent of the Company or any other lawful rights holder of the above intellectual rights. The names, images, logos, and distinctive features representing our Company’s online store or third parties and their products or services are exclusive trademarks of our Company or third parties, protected by the relevant trademark laws and EU and international laws. Their appearance on the website should in no way be construed as a transfer or assignment of a license or right to use them. Users / customers should be aware that certain files or data may constitute the intellectual property of third parties (collaborating entities, organizations, companies, etc.) and cannot be used without the permission of these third parties (which may be indicated in the relevant indication on the website). The appearance of the above content on the website cannot in any way be construed as a transfer or assignment of a license or right to use any of the above elements.

**FINAL PROVISIONS**

Subject to the terms and conditions set forth herein and all applicable laws and regulations, the Company grants users / customers a non-exclusive, non-transferable, personal, and limited right to access, use, and present this website and its content elements. This license does not constitute a transfer of title and is subject to the following restrictions: 1) all copies of the website and its elements must retain all notices relating to copyrights and other proprietary rights, and 2) users / customers must not alter the website and its elements in any way or reproduce, publicly present, distribute, or otherwise use the website and its elements for any public or commercial purpose, unless otherwise permitted herein.

Both the Company and the users / customers of the website declare that they are bound by these terms of use and fully comply with their content. If any user / customer accessing the website has any questions regarding these terms of use or needs further clarification or information about the services provided by the Company, they may contact the Company and communicate with the customer service department via email at massagegreece247 \[at] gmail \[dot] com.

The Company reserves the right to unilaterally and at any time modify and update the above terms and conditions of use of its website, its online store, and the services provided through it, without being obliged to notify anyone in advance, with such modification taking effect upon and through the posting of the new terms and conditions of use on the above website. For this reason, it is recommended that the user / customer regularly re-read the terms and conditions of use. The Company also reserves the right to unilaterally change the prices of the services it provides, accordingly modifying the prices listed for each service on its website, committing that the displayed prices are the actual ones. The total price of the products or services does not include VAT.

The Company guarantees that these terms of use are accurate and in force and that all information and characteristics of the services provided, as set out on its website, are accurate and complete.

Any provision of the above terms that becomes contrary to the law automatically ceases to be valid and is removed from herein, without affecting the validity of the remaining terms. In the event of total or partial invalidity or unenforceability of individual terms, the validity of the remaining terms is not affected. Any gap that may arise in the agreement between the website and the user / customer will be filled with new or modified terms that, if possible, align with the legal purpose of the respective invalid term.

The Company’s failure to exercise any of its rights under these terms does not imply a waiver of those rights. The Company is exempt from any liability for breaches of these terms due to reasons of force majeure.

All texts, information, links, and audiovisual material posted on this website are solely and exclusively for informational purposes. The republication of content from this website is permitted only if accompanied by a link referring to this website ([www.massageheaven.gr](http://www.massageheaven.gr)). Although the Company has made every effort to ensure that the information contained on this website is accurate, it assumes no responsibility in the event of the publication of inaccurate or incorrect information.

The use of this website, these terms of use of the Company, as well as the transactions concluded between the Company and the users / customers, are governed by Greek Law. For the judicial resolution of any future disputes that may arise from the above, the competent courts in Athens are designated as the locally competent courts with subject-matter jurisdiction.

\[1] An agency business, according to the prevailing view, is the undertaking, for a fee, of the obligation to provide the public with private services of any nature (see Velentza G., Concise Commercial Law, 2007, p. 42, Perakis E., General Part of Commercial Law, 2000, p. 187, Psychomani Sp.).

\[2] According to Article 4, paragraph 1, point a’ of Law 2251/1994, a “distance contract” is defined as any contract concerning a good or service concluded between a supplier and a consumer without their simultaneous physical presence, within the framework of a system for the supply of goods or provision of services at a distance organized by the supplier, who uses, exclusively, one or more means of distance communication technology up to and including the time of conclusion of the contract. Such means of distance communication technology include, indicatively, email, telephone, fax, or the internet. The concept of a distance contract also includes contracts concluded online between the Company (supplier) on the one hand and its users / customers (consumers) on the other, on the website of its online store.