SPA 180

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to www.Spa180.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various spa and wellness services that have been listed for sale through the Website (the 'Services'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

1.2. The Website is operated by 180 Spa and Wellness Pty Ltd (ACN 655 873 206) t/a Spa 180 (‘Spa 180’). Access to and use of the Website, or any of its associated Services or Services, is provided by Spa 180. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Spa 180 reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Spa 180 updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Spa 180 in the user interface.

3. Purchase of Services

3.1. In using the Purchase Services to purchase the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Services (the 'Purchase Price').

3.2. Payment of the Purchase Price may be made through Stripe and Timely Pay (the 'Payment Gateway Providers') or the booking system made available from time to time (‘the Booking System’).

3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers and the Booking System.

3.4. Following payment of the Purchase Price being confirmed by Spa 180, you will be issued with a receipt to confirm that the payment has been received and Spa 180 may record your purchase details for future use.

4. Bookings and Cancellations

4.1. Spa 180 requires a deposit of 50% for all bookings to be paid for in advance via the Booking System.

4.2. You must notify Spa 180 of an intention to cancel or reschedule as soon as practicable through e-mail to hello@spa180.com.au or telephone at 0492 202 542 and abide by the following (‘Cancellation Policy’).

4.3. Spa 180 understands that circumstances change. Should appointment times require changing, a minimum of 48 hours is required, or you will be expected to forfeit the 50% deposit to cover the cost of the space and time.

4.4. We kindly ask that you arrive on time as Spa 180 cannot alter booking times on short notice. This may result in your appointment being cut short.

4.5. Spa 180 may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.

5. The Spa 180 WELLBEING Membership General Terms

5.1. The Spa 180 WELLBEING Membership (the ‘Membership’) is valid for four (4) months (the “Membership Period”) and gives you access to the Membership Services (the ‘Membership Services’) outlined on the online store page on the Spa 180 Website (the ‘Online Store Page’) and within these Membership Terms (the ‘Terms’).

5.2. By continuing to apply for a Membership after reading these Terms, you are deemed to have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

5.3. Spa 180 reserves the right to change the features, content or services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.

6. Membership Inclusions

6.1. The Spa 180 WELLBEING Membership package is offered with various inclusions as follows:

(a) 1 x 60 minute massage each calendar month (available from Monday – Friday)

(b) Unlimited 45 minute steam hydrotherapy sessions (available Monday – Saturday)

(d) 25% discount on all treatments

(e) 20% discount off the recommended retail price for VIP Community Evenings

6.2. Monthly massage appointments must be booked with Spa 180 directly. Should appointment times require changing, a minimum of 48 hours is required, or you will forfeit the appointment. If a massage appointment is missed it cannot be transferred to another month.

6.3. Spa 180 will try to accommodate a request for a massage therapist but cannot guarantee the request will be met.

6.4. Spa 180 reserves the right to reschedule a massage appointment and will endeavour to reschedule the massage appointment as soon as possible.

6.5. The Steam Hydrotherapy sessions may be shared with up to 2 members and must be booked with Spa 180 directly

6.6. If you are unable to attend the WELLBEING Naturopath group session a recording of the session can be made available to you on request.

6.7. Membership inclusions are not transferable to another person.

6.8. At the end of the Membership Period any unused portions of the Membership Inclusions are not refundable. The Membership Period cannot be extended.

6.9. All inclusions are subject to change and are offered at the sole discretion of Spa 180.

7. Membership Fees

7.1. You agree to pay Spa 180 in full the Membership Fee set out on the Online Store Page.

7.2. The Membership Fee is non-refundable. This means if you wish to cancel or terminate your Membership you will not be provided with a refund.

7.3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.

7.4. You agree and acknowledge that Spa 180 can vary the Membership Fee at any time by providing advanced notice to you.

8. Payment

8.1. All payments made in the course of your use of the Membership Services are made using Stripe and Timely Pay. When making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Stripe and Timely Pay terms and conditions which are available on their website.

8.2. Following payment of the Membership Fee being confirmed by Spa 180, you will be issued with a receipt to confirm that the payment has been received and Spa 180 may record your purchase details for future use.

8.3. You acknowledge and agree that where a request for the payment of the Membership Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Membership Fee.

8.4. In the event that any payment under these Terms is not made in full on the due date, Spa 180 is entitled to charge You interest at the rate of 5% per annum, calculated daily.

8.5. You agree that if You default on any payments due and payable under these Terms, any costs incurred by Spa 180 for steps taken to enforce payment terms will be recoverable and payable by You.

9. Member Conduct and Obligations

9.1. As a Member, you expressly agree that you will not, through any means:

(a) harm, harass, hassle or abuse other Members; or

(b) send un-welcomed communication such as Spam to other Members; or

(d) infringe the privacy rights of any Member or any third-party.

9.2. Spa 180, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site or any other related platform.

9.3. Spa 180 retains the right to revoke your Membership or deny you access to the Membership Services at any time.

9.4. As a Member, you agree to comply with the following:

(a) you will use the Membership Services only for purposes that are permitted by:

i. the Terms; and

ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Membership Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. you agree to immediately notify Spa 180 of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Spa 180 providing the Membership Services;

(e) you will not use the Membership Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Spa 180;

(f) you will not use the Membership Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Membership Services. Appropriate legal action will be taken by Spa 180 for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Membership Services is prohibited.

10. Cancellation and Termination of your Membership

Cancellation

10.1. You may cancel your Membership by providing written notice to Spa 180, by giving 1 months’ notice.

10.2. Once paid, the Membership Fee is non-refundable. This means if you cancel your Membership, you will not be provided with a refund.

10.3. Spa 180 will only provide You with a refund of the Membership Fee in the event that Spa 180 is unable to continue to provide the Membership services. (the 'Refund').

Termination by Spa 180

10.4. Spa 180 may terminate your Membership for any breach of these Terms by providing 7 days’ written notice to you by email. At the discretion of Spa 180, Spa 180 may allow you to remedy the breach within 3 days' notice, or another time-frame as Spa 180 nominates, and in being satisfied with the remedy of the breach by you, Spa 180 will not terminate your Membership.

Termination by You

10.5. You may terminate this Agreement for a breach by Spa 180 of these terms by providing 7 days' written notice of the breach to Spa 180. During the 7 day notice period, Spa 180 reserves the right to remedy the breach. If Spa 180 remedies the breach which was the cause of the notice, the Agreement will not be terminated.

11. Warranty

11.1. Services

(a) Spa 180 will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Spa 180 makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.

(b) The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, You are entitled to cancel Your Services contract with Spa 180, and are entitled to a refund for the unused portion, or to compensation for its reduced value.

12. Code of Conduct

12.1. In providing the Services, Spa 180 will maintain the Code of Conduct as outlined in the ATMS Code of Conduct: www.atms.com.au/about-us/code-of-conduct/

13. Copyright and Intellectual Property

13.1. The Website, the Purchase Services, the associated blog and all of the related Services of Spa 180 are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Spa 180 or its contributors.

13.2. Spa 180 retains all rights, title and interest in and to the Website, associated blog and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Spa 180; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

13.3. You may not, without the prior written permission of Spa 180 and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

14. Confidentiality

14.1. Confidential Information means information provide by a party under this Agreement to the other party, that is not generally available to the public.

14.2. All obligations of confidence set out in this Agreement continue in full force and effect after the Services have been provided.

14.3. Spa 180 must not disclose any Confidential Information provided by you in the provision of Services, to any third party without your consent.

14.4. These terms prohibit the disclosure of Confidential Information by Spa 180 with exception to the following circumstances:

i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and You have consented to the disclosure of such information to the professional adviser;

ii. the disclosure is required by applicable law or regulation; or

iii. if the confidential information is already in the public domain at no fault of Spa 180.

15. Privacy

Spa 180 takes your privacy seriously and any information provided through your use of the Website, Services, Membership Services and/or the Purchase Services are subject to Spa 180’s Privacy Policy accessible on the Website.

16. Mailing List and SMS List

16.1. While using the Website, you will be given the opportunity to sign up for the Spa 180 Mailing List and SMS List.

16.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Name and address

17.3 If you choose to register for the Mailing List and SMS List, you agree to receive promotional material, updates, SMS and other content from Spa 180.

17. Information Disclaimer

17.1. The information contained on this Website, associated blog and within all associated Services is for general information purposes only and is not meant to substitute for professional treatment. You agree to consult a medical practitioner prior to following any advice or utilizing information or Services offered by Spa 180.

17.2. To the extent permissible by law, Spa 180 will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or Your reliance on the information, advice or documentation in the associated blog, on the Website, social media accounts or on any other related platform.

18. General Disclaimer

18.1. You acknowledge that Spa 180 does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.

18.2. You acknowledge and agree that Spa 180 cannot guarantee the results or effectiveness of any of the Services rendered to You. Rather, Spa 180 shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. Spa 180 will use its best efforts and does not promise results.

18.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

18.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Spa 180 will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

18.5. Use of the Website, the Purchase Services, and any of the Services of Spa 180 is at your own risk. Everything on the Website, the Purchase Services, the associated blog and the Services of Spa 180, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Spa 180 make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Spa 180) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Services (including third party material and advertisements on the Website);

(d) the Content or operation in respect to links which are provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

19. Limitation of Liability

19.1. Spa 180's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Spa 180 is the resupply of information or Purchase Services to you.

19.2. You expressly understand and agree that Spa 180, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

19.3. Spa 180 is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Spa 180, by third parties or by any of the Purchase Services offered by Spa 180.

20. Indemnity

20.1. You agree to indemnify Spa 180, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

21. Dispute Resolution

21.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

21.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

21.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Tasmanian Law Society or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held at a location to be agreed between the parties.

21.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

22. Venue and Jurisdiction

The Purchase Services offered by Spa 180 is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Tasmania, Australia.

23. Governing Law

The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

24. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

25. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.