TERMS OF USE AGREEMENT
IMPORTANT: ALL USERS ARE REQUIRED TO READ THIS SECTION CLICKASPA.COM ("CLICKASPA") PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THE "TERMS OF USE"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS WEB SITE.
DEFINITIONS
“You” refers to the user of this website and its related services, and as such you have gained the right to use this website by respecting the applicable Terms of Use described in detail below. As used in this Agreement, “we” and “us” means Clickaspa or any successor or assign of Clickaspa. “Service(s)” refers to your use of Clickaspa.com for any purpose whatsoever.
OVERVIEW
This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the Clickaspa.com website and all services offered by Clickaspa. By becoming a member or purchasing services or goods through the website, you are indicating that you agree to be bound by all of the terms in this Agreement and any terms and/or conditions advertised in the Voucher. Please print and keep a copy of this Agreement for your records. We reserve the right, at any time, to change or modify these terms of use. Such changes will become effective upon notification, which we may effect by sending you notice by email and/or posting a revised Agreement on this website, which you can access at any time using the "Terms of Use" link. Your continued use of our website after notification of such a change shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.
ELIGIBILITY
This website is not intended for children. You must be 18 years of age or older to become a member of the website or make purchases from this website. By making a purchase from this website and/or becoming a member, you represent and warrant to Clickaspa that you are 18 years of age or older, and that you have the right, authority and capacity to abide by these terms of use and to use any form of payment rendered by you. You represent and warrant to Clickaspa that you will use this website in a manner consistent with any and all applicable laws and regulations.
PRIVACY OF INFORMATION
The Personal Information Protection Act (“the Act”) regulates the way private sector organizations within Ontario, Canada collect, use, keep, secure and disclose personal information. “Personal Information” means all information about an identifiable individual. Clickaspa recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of offering our service. We recognize our professional obligation to maintain the confidentiality of our clients’ information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice. This policy has been developed with those obligations in mind. Clickaspa collects personal information from you in order to give notification of special promotions and/or to process your order. Clickapa will not use or disclose personal information for purposes other than those described in this policy. Clickaspa may also use third-party companies to provide various services (including but not limited to instant messaging and advertising) when you use this website. If you use those services, the internet protocol address (IP address) of the computer you are using to access the website may be disclosed to third party companies, and we may use attributes (not limited to age and gender) that you provide in your public profile to display relevant ads to you. Clickaspa is not responsible for the privacy practices of these third-party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our website. When you place and order to buy something on the Site you are making an offer to purchase the voucher(s) that you have selected on the following terms. To make a purchase on the Site you must first register with the Site and create a user account.
VOUCHERS
Clickaspa may send you, via email, limited time advertisements and promotions, from third parties on this website. We may require you to register and provide your email address and other personal information in order to receive, sign up for and purchase the Voucher. For more information about Clickaspa’s collection and use of personal information, please see the Privacy of Information section of this website. Once you receive notice of a Voucher, you may sign up to order that Voucher. Clickaspa and/or third party providers reserve the right to terminate, cancel and/or alter a Voucher at any time and if you have signed up to order that Voucher, we will notify you of any changes via email. By signing up to order a Voucher, you make an offer to purchase the Voucher you have selected on the terms, restrictions and conditions associated with the Voucher. You will receive a confirmation of your purchase of the Voucher and your credit card will be charged for the amount of the Voucher. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Clickaspa and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Clickaspa is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the website.
USE OF VOUCHERS /REFUND POLICY
Home Vouchers ClickaSpa Home Vouchers provide consumers with opportunities to purchase services from third party merchants ("Merchants") with a "no time limit" value ("Home Voucher"). Merchants offer small promotionals to reward customers purchasing through ClickaSpa home site. Deal Vouchers ClickaSpa Deal Vouchers provide consumers with opportunities to purchase services from third party merchants ("Merchants") with a time limited promotional added value ("Deal Voucher"). Merchants offer promotionals in order to reach the ClickaSpa Daily Deal community.
1. How It Works By placing an order for a given Voucher, you make an offer to purchase the Voucher you have selected on the terms, restrictions and conditions associated with the Voucher. Once you’ve placed your order, you will received a confirmation of the Voucher and your credit card will be charged for the amount of the Voucher. You are required to create an account in order to purchase any Voucher. An account is required so we can collect information to allow you to pay for your Vouchers and provide you with easy access to print your Vouchers, and modify your preferences.
2. Expiration Dates on Deal Vouchers The expiration date for a Voucher is as printed on the Voucher. If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then ClickaSpa will refund the paid portion of your Voucher in the form of a credit). In order to receive the credit, you must provide the following information in writing to contact@clickaspa.com: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in voucher could not be used.
VOUCHER SPECIFIC TERMS
Each Voucher has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
GLOBAL TERMS
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers: no cash value for any Voucher, no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law, no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher, Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher, Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable, neither ClickaSpa nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers, duplicate use, sale or trade of a Voucher is prohibited, except as required by law, unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
TERMS OF SALE
Vouchers you purchase through ClickaSpa are promotional vouchers that you purchase from participating Merchants. The vouchers are redeemable for services offered by the Merchant on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release ClickaSpa and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it.
REFUNDS
ClikaSpa will provide a refund of the purchase price paid by you for any Deal within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business. Technically, all sales are final, however, we will do our best to make our customers happy.
MERCHANT RESPONSIBILITY
To be clear, ClickaSpa markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Voucher, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion. Some of the Vouchers are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. ClickaSpa will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
TERMINATION
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher. You acknowledge, consent and agree that Clickaspa may access, preserve and disclose your personal information and may disclose content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of use; (iii) respond to claims that any content violates the rights of third parties; or (v) protect the rights, property or personal safety of Clickaspa, its users and the public. If we change our privacy policy, we will notify you via email and/or posting on this website. If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at: contact@Clickaspa.com. By accepting these terms of use you acknowledge that: (a) if you purchase spa services and/or goods through the website, we will be required to share your personal information with those service providers; (b) if you are purchasing spa services and/or goods for any third party, they have reviewed these terms of use, accept same and you have their consent to provide any of their personal information; (c) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (d) we are not responsible for, and cannot control, the use by others of any information which is provided to them; and (e) we do not share any personal information with third parties except as disclosed herein.
YOUR REGISTRATION OBLIGATIONS
USER AGREEMENT
This Agreement constitutes your agreement with Clickaspa with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become a member and/or purchase spa services and goods through this website.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement.
PAYMENT
We reserve the right to correct any errors or mistakes that may occur even if payment has already been requested or received.
NO RESPONSIBILITY
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.
SECURITY
Your membership account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.
EXTERNAL LINKS
he Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.
CLICKASPA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, whether or not applied for. Except as expressly authorized by Clickaspa or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Software, in whole or in part. Clickaspa grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Clickaspa for use in accessing the Services.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content distributed by Clickaspa constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE CLICKASPA.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. CLICKASPA’S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. CLICKASPA MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE SPAS ADVERTISED ON THIS WEBSITE OR THE SERVICES AND/OR GOODS OFFERED THEREBY OR THE PRICING OF THE SAME. IT IS YOUR RESPONSIBILITY TO SATISFY YOURSELF AS TO THE QUALITY OF THE SPA, ITS COMPLIANCE WITH ALL LICENSING REQUIREMENTS AND THE TRIANING AND EXPERIENCE OF THE EMPLOYEES AND/OR TECHNICIANS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CLICKASPA, ITS PARTNERS AND ITS/THEIR HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, EMPLOYEES, ADMINISTRATORS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY USE OF THE WEBSITE, PURCHASE AND/OR USE OF THIRD PARTY SPA SERVICES AND/OR GOODS OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY CLICKASPA AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE CLICKAPSA SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE CLICKASPA.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER CLICKASPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 CAN DOLLARS.
INDEMNITY
You hereby agree to indemnify, defend and hold harmless Clickaspa and its partners, and its/their heirs, personal representatives, executors, employees, administrators, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, or the foregoing representations, warranties and covenants or in connection with any claim made by a third party user of any spa services and/or goods purchased by you hereunder. You shall cooperate as fully as reasonably required in the defense of any such claim. Clickaspa reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
MISCELLANEOUS
Except for the terms and conditions set out on a voucher purchased through a ClickaSpa, and any other written contract or agreement that may be entered into with Clickaspa this Agreement represents the entire agreement between you and Clickaspa regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of Ontario, Canada. As a condition of using Clickaspa.com’s services, each user agrees that any and all disputes and causes of action arising out of or connected with Clickaspa.com, shall be resolved through arbitration, with such arbitration to be held in Kitchener, ON, Canada. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of Clickapsa. Clickaspa may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested, unless otherwise specified herein.
NO RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICES
Clickaspa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Services (or any part thereof) with or without notice. You agree that Clickaspa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Clickaspa related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
Entire agreement, Changes to this Agreement and Waivers
These Terms of Service, together with the Privacy Policy and any other legal notices published by ClickaSps on the Site or any Voucher, shall constitute the entire agreement between you and ClickaSpa concerning ClickaSpa. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of ClickaSpa’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of ClickaSpa. No purported waiver or modification of this Agreement by ClickaSpa via telephonic or email communications shall be valid.
Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
This Agreement is between you and the ClickaSpa entity for your country in which you reside. The identity of the ClickaSpa entity for your country, the choice of law, the location for resolving disputes with ClickaSpa, and our contact information is specified below.
- Canada. If you reside in Canada, then you are contracting with ClickaSpa Inc. Communications may be directed to: ClickaSpa Inc; contact@clickaspa.com; The laws of Ontario, and the laws of Canada applicable therein, govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and ClickaSpa that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in Hamilton, Ontario.
GENERAL TERMS You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. YOU AND CLICKASPA INC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CLICKASPA INC MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of ClickaSpa. The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s'y rattachant directement ou indirectment soient rédigés en anglais.
