Use of Gift Product/Refund Policy
WaySpa gift certificates, gift certificates, service based gift certificates and gift vouchers are non refundable. Gift product may not be used to purchase additional gift product from WaySpa. Gift Vouchers and service based gift certificates are valid for services listed so long as they are still offered by the specific location otherwise product will be converted to credit for further use.
WaySpa attempts to be as accurate as possible when describing products; however, WaySpa does not warrant that product descriptions or other content available on the site are accurate, complete, reliable, current, or error-free. If a product offered on the site is not as described, your sole remedy is to exchange your unused product for a credit at WaySpa.
All content and technology available on or underlying the site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "Content is the property of WaySpa, and is protected by Canadian and International copyright laws. The compilation of all content on this site is the exclusive property of WaySpa and protected by Canadian and international copyright laws.
The trademarks, logos, and service marks displayed on the site (collectively the "Trademarksare the registered and unregistered marks of WaySpa. All other trademarks not owned by WaySpa are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WaySpa.
Except as set forth in the limited license in Section 4 below, neither the site, the Trademarks, nor any portion of the site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of WaySpa.
WaySpa grants you a limited, revocable, and non-exclusive license to access and make personal use of the site. Please note, however, that you may not frame or utilize framing techniques to enclose the site or any portion thereof without WaySpa's prior written consent.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the site or its contents (except caching); (ii) make any use of the site or its Content other than personal use; (iii) create any derivative work based upon either the site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the site terminates the limited license set forth in this Section 4.
If you use the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for harm caused by that person's wrongful use of the site. WaySpa reserves the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, in our sole discretion.
Unsolicited Idea Submission
You acknowledge and agree that WaySpa is free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without compensation to you.
This site is not intended for children.
Representations and Warranties - Limitation of Liability
The site is presented "AS IS." WaySpa does not make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable.
You agree that WaySpa will not be liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to this site; (c) data non-delivery, misdelivery, corruption, destruction or other modification, or (d) events beyond our reasonable control.
Further, WaySpa will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if WaySpa, has been advised of the possibility of such damages. Indemnification of WaySpa
You agree to defend, indemnify and hold harmless WaySpa for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your use of the site.
WaySpa reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the site. Any changes are effective immediately upon posting to the site. Your continued use of the site constitutes your agreement to all such terms and conditions. WaySpa may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and WaySpa. The failure of WaySpa to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by WaySpa of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. WaySpa will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of WaySpa as reflected in the original provision.
WaySpa gift certificates can only be redeemed at one location per certificate. In a case where a service costs less than the value of the WaySpa certificate (ex: $40 pedicure paid for with a $50 certificate), a store credit will be provided to the client by the spa (ex:$10 of store credit). This difference can also be used to cover taxes and tip.
If you have any questions regarding these Terms and Conditions, please contact us.
© WaySpa.com 2011