Spa Ceylon ShareWellness App – Terms & Conditions

Overview

Spa Ceylon ShareWellness App (the “App”). The App is owned and operated by SPA CEYLON AYURVEDA (PVT) LTD PV73335.

Throughout the App, the terms “we”, “us” and “our” refer to SPA CEYLON. SPA CEYLON offers this App, including all information, tools and services available from this App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our App. By accessing or using any part of the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the App shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.

1. Spa Ceylon ShareWellness App

The Spa Ceylon ShareWellness App (the “App”) is a property of SPA CEYLON. SPA CEYLON is also responsible for the operation and maintenance of the ShareWellness program in Sri Lanka. SPA CEYLON is the sole legal obligor to the user. SPA CEYLON bear no responsibility or liability for the misuse or malfunction of any subscription packages, subscription coupons, gift cards, and you hereby knowingly release SPA CEYLON from any and all liability or claims of any nature whatsoever arising in connection with the use of the App.

Spa Ceylon ShareWellness App can be downloaded from Apple App Store and Google Play Store. Membership is restricted to Sri Lankan citizens & resident visa holders only. Users need to provide a Sri Lankan registered mobile number and an address to register with the App.

By agreeing to the Terms & Conditions, you agree that your content(excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2. Purchase Subscription Packages

Once the App is downloaded and registered with the programme, you are eligible to purchase Subscription packages online. Spa Ceylon Wellness Club Rewards Points are not eligible for Subscription Package purchases. Once the Subscription Package is purchased, you are solely responsible for usage and redemption of it. SPA CEYLON bear no responsibility or liability for the misuse or malfunction of any subscription packages, subscription coupons, gift vouchers.

3. Redemption

Spa Ceylon Subscription credits/ coupons are redeemable for Spa Ceylon spa treatment purchases at any signature Spa Ceylon spa.

4. Gifting

You are entitled to share vouchers in any denomination or for specific rituals through the app. The receiver must download the Spa Ceylon ShareWellness App in order to accept the e-gift certificates.

5. Expiration/Deactivation

Subscription packages do not have an expiry date. Promotional Cards may expire depending on the particular promotion; thus, please refer to the specific terms and conditions for your Promotional Card. No fees for inactivity or service fees apply. SPA CEYLON reserves the right to refuse to honour any subscription package, gift e-card or coupon in the event of a disputed credit card charge or other failure of consideration.

6. Refunds

Gift E-Cards: Refunds are not permitted for the Gift E-Cards.

Subscription Packages: Refunds are permitted and should be submitted via the refund option in the App by the person who purchased the package. The full or partial refunds will be subjected to a cancellation fee of 5% of the net package value plus the total bonus received at purchase.

E.g. Cancellation fee = Bonus + 5% of the net package value.

Refunds are not permitted if the cancellation fee plus bonus is higher than the requested refund amount.

E.g. Refund Request Amount > Cancellation fee (Bonus + 5% of the net package value) .

Refund will take approximately 5 to 14 working days and will be credited only to the credit/ debit card that was used to make the purchase.

Refund requests should be sent to sharewellness@spaceylon.com.

7. Accuracy of Billing and Account Information

SPA CEYLON reserves the right to refuse to honour a payment where SPA CEYLON suspects that the Voucher/ Coupon/ App was obtained fraudulently. We may, in our sole discretion, limit or cancel quantities purchased. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, phone number provided and/or through the App. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, tour operators or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our App. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

9. Third-Party Links

Certain content, products and services available via our App may include materials from third-parties.

Third-party links on this App may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related App. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

11. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

12. Errors, Inaccuracies and Omissions

Occasionally there may be information on our App or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related App is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related App, should be taken to indicate that all information in the Service or on any related App has been modified or updated.

13. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related App, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related App, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. Disclaimer of Warranties and Liability

The App, and any content available on the App, are provided on an “as-is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to all warranties of merchantability, fitness for a particular purpose, title and non-infringement. You expressly agree that use of the App is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the App. Neither we nor any of our business partners represent or warrant that the App will be uninterrupted or error-free, that defects, if any, will be corrected, or that the App is free of viruses or other harmful components; nor do we or they make any representations or warranties about the accuracy, reliability, currency, quality, performance or suitability of the App or any content available on the App. In the event of any problem with the App or any content, you agree that your sole remedy is to cease using the App. All packages listed or purchased on or through the App are subject only to any applicable express warranties. To the fullest extent permissible by applicable law, we disclaim all other warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products and services listed or purchased on or through the App.

15. Indemnification

You agree to indemnify, defend and hold harmless SPA CEYLON, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. Severability

The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by SPA CEYLON, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.

17. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

18. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

19. Changes to Terms & Conditions

SPA CEYLON reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement here or at www.spaceylon.com. Your continued use of the agreement after the posting of changes constitutes your acceptance of the changes.

20. Contact Information

Questions about the Terms of Service should be sent to us at mailto:sharewellness@spaceylon.com.

 
Last Updated: January 20, 2020