Terms of Use and Disclaimer (the “Terms of Use”)

General Terms

By accessing this website (the “site”), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, or if you cannot access this site without violating any law or regulation, do not use this site. Any claim relating to this site shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. The materials contained on this site are protected by applicable copyright and trademark law. These Terms of Use constitutes the entire and only agreement between the owner of this site, Body Benefits Day Spa Inc. (“us” or the “Owner”), and a user of the website and the Owner’s spa (“you” or the “user”), and supersedes all prior or contemporaneous agreements, representations, warranties and understanding with respect to the site, the content, good and services provided by or through the site, and the subject-matter of these Terms of Use. These Terms of Use may be amended by us from time to time without specific advance notice to you. The latest Terms of Use will be posted on the site, and you should review the Terms of Use prior to using the site.

Our Services

When booking services, please advise us of any health conditions, allergies, or injuries which could affect your service.

To best serve all clients, we require 24 hours cancellation notice for individual services and 48 hours’ notice for services 3 hours or longer. If we do not receive notice, a cancellation fee of 40% of the cost of service(s) will be due before re-booking your next appointment.

To keep our atmosphere calm and relaxing we ask those with cell phones to turn them off or to vibrate. Parents please refrain from bringing children under the age of 10 into the spa. Clients who abuse our policies may be requested to go elsewhere.

The site contains specific information relating to services and products available for sale.  Such information is available for users to view. You must pay for all charges noted on this site as payable by you, including without limitation, any sales or other taxes applicable to any product or service in your jurisdiction.  In the event that sales tax or other amounts specific to your jurisdiction are applicable, you agree that unless such amounts are collected by the Owner (and we shall not be obligated to do so) you shall be liable to pay directly to the appropriate authority all such amounts and this includes all duties, brokerage fees, taxes or other charges of any nature.  All prices listed on this Website are in Canadian dollars and all charges will be processed in Canadian dollars.

The material on this website is not intended to provide specific advice for any program, product or service and should not be relied upon in that regard. The Owner is not engaged in rendering medical or pharmaceutical advice or services. If you are concerned about a particular medical condition, treatment or service, or are in need of medical services, consult your pharmacist, physician, health care provider, or nearest emergency medical facility. If you think you may have a medical emergency, call your doctor or 911 immediately. 

The site may not operate or be unavailable in full or in part at any time. Due to the nature of the internet and computer systems, the Owner cannot accept any liability related to the continuous availability of the site.  The Owner is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. 

The Owner reserves the right to change or discontinue, temporarily or permanently, the site and any products and services available on the site, including but not limited to revising or deleting features or other information without prior notice to you.

The Owner does not provide any representation, warranty, guarantee, or covenant with respect to any services or products that may be offered on the Website.  All content on the site is for informational purposes only and is to be relied upon you at your own risk.   

Disclaimer

Note that this site is provided “AS IS”, without warranty of any kind, either express or implied, including without limitation any warranty for information, services or products provided through or in connection with this site and any implied warranties or conditions of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement, and is accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the site will be current and will contain no errors or inaccuracies, no representations or warranties are given (either express or implied) that the site will be error free or completely accurate or current at all times or at any time. The Owner may correct errors or inaccuracies and change or update information at any time without notice, including in respect of prices and availability of items or materials, however the Owner does not make any commitment to update the materials. The Owner reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the site. Except as specifically set out on this site, the Owner makes no warranties or representations, whether express or implied. By using and viewing the site, you expressly agree that the Owner is not providing any representation, warranty, guarantee, or covenant with respect to any services or products that may be offered on the site.

Limitations

In no event shall the Owner, its affiliates, officers, directors, employees, agents, representatives, suppliers, content or service providers, or successors or assigns be liable, whether in contract, warranty, tort (including negligence- whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for damages of any kind (including, without limitation, direct, indirect, compensatory, special, exemplary, incidental, punitive or consequential damages) even if made aware of the possibility of such damages, arising out of or in connection with the use or inability to use, or results of use of, or performance of the site, its content, information or materials contained on the site and/or any products or services available on the site.  If you are dissatisfied with this site and the content thereon, or the Terms of Use, your sole and exclusive remedy is to discontinue use of this site. 

In no event shall the Owner be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the site, even if the Owner or an authorized representative of the Owner has been notified orally or in writing of the possibility of such damage. Since some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Users agree to indemnify, defend and hold the Owner and its partners, employees, directors, officers and agents harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a User’s violation of these Terms of Use or the site.

Links

The Owner has not reviewed all of the websites linked to this site and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked website is at the User’s own risk.

Copyrights and Intellectual Property

All content including, without limitation, all text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of this site, are subject to intellectual property rights, including copyright and trademarks, held by or licensed to us. All such rights are expressly reserved. All other names, words, logos, slogans and images are the property of and are subject to trade mark rights held by us and our subsidiaries. Certain other trademarks, trade names, words, logos, slogans and images are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.

Additional Information

The place of jurisdiction shall be London, Ontario, Canada.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms, and shall not affect the validity or enforceability of any remaining provisions.  These Terms of Use, as updated and revised from time to time, together with the Privacy Policy, is the entire agreement between you and the Owner relating to the subject matter herein. 

The Owner may assign its rights and obligations under these Terms of Use.  These Terms of Use will inure to the benefit of the Owner’s successors, assigns and licensees.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

For additional information or questions about the above legal or privacy statements, contact the Owner using by using the contact information available on the site. Email transmissions are not secure.

Privacy Policy

Body Benefits Day Spa Inc. recognizes the importance of protecting the privacy of visitors to our website. We are committed to protecting your privacy whether you are browsing for information or submitting information on this website. The handling of all personal information is governed by the Freedom of Information and Protection of Privacy Act.

Body Benefits Day Spa Inc. may collect anonymous information about how visitors use our website. We may log all web traffic and associate it with the visitor's IP address. Our primary goal for tracking this data is to improve the reliability of our website, and improve the information we provide. Unless required by applicable laws, we do not share this information with third parties. The use of these tools does not allow us or our analytics service providers to identify individuals.

You can opt-out of analytics activity by setting your browser to notify you when a cookie is sent and block analytics cookies if desired. Please consult your browser's Help Menu for instructions. Visiting our website with analytics cookies disabled will have no significant impact on your browsing experience.

When completing a survey, requesting information, or submitting a form you may be asked to provide personal identifying information, such as your name or email address. This information will only be used to fulfill the specific request and will not be shared with third parties unless clearly indicated or required by applicable laws.

Some sections of our website may depend on the use of cookies to function properly. Cookies are used to make it possible for us to provide these services. We do not share this information with third parties unless clearly indicated or required by applicable laws.

Body Benefits Day Spa Inc. makes no guarantees as to the privacy policies of external websites that we link to.

Body Benefits Day Spa Inc. assumes no liability for loss relating to a breach of confidentiality or resulting from unauthorized access by third parties to electronic files.

Body Benefits Day Spa Inc. may maintain an email list for individuals who are interested in receiving our newsletters and other electronic communications. Visitors are free to choose this service or to discontinue it at any time. You will only receive such email communication if you request it. We will not share your information with any third parties unless clearly indicated or required by applicable laws.

Any unprotected email communication is subject to possible interception or loss and may be subject to third party alteration. Body Benefits Day Spa Inc. assumes no liability for loss relating to a breach of confidentiality or resulting from unauthorized access by third parties to electronic files.

Metadata (the information about a document which is stored within said document) may compromise privacy. Photos, videos, SMS messages, RSS feeds and webpages are among the types of documents, images and files which may contain metadata. Metadata can be manually added by the user or automatically generated by software or a device such as a digital camera or smartphone. For example, automatically generated GeoTags are geographical identification metadata that usually consist of latitude and longitude coordinates, though they can also include altitude, bearing, distance, accuracy data, and place names. Body Benefits Day Spa Inc. is not responsible for the removal of metadata from posted content. To prevent public disclosure of potentially confidential information, users are advised to remove sensitive metadata from all files, images and documents before submission. 

Body Benefits Day Spa Inc. reserves the right to change or modify this Privacy Policy or any of our tools or services at any time and any changes will be effective upon being posted unless we advise otherwise. You are encouraged to periodically review this website for the latest information on our privacy practices.

Disclaimer for Website Pages

All content on the Body Benefits Day Spa Inc. website is for informational purposes only and is without any representation, warranty, guarantee, or covenant. Use of the Information and the content is at your sole risk.

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