Terms & Privacy
TERMS AND CONDITIONS
Terms and Conditions
1. In General Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
3. Prohibitions You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Spa Equipment Supply will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content The intellectual property rights in all software and content made available to you on or through this Website remains the property of Spa Equipment Supply or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Spa Equipment Supply and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Spa Equipment Supply or its licensors. Spa Equipment Supply are trade marks belonging to Spa Equipment Supply. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Spa Equipment Supply.
5. Spa Equipment Supply Community Areas
-Registration Spa Equipment Supply reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
-Submission of material You own all of the content and information you post on Fashion Finder and the Blogs section (the “Community Areas”) of the Website, and you can control how it is shared through your privacy settings. In addition: For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Spa Equipment Supply (“IP License”). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances Spa Equipment Supply may also share your contribution with trusted third parties. This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that Spa Equipment Supply is not obliged to publish any material submitted by you on any Spa Equipment Supply publication. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users , to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
We always appreciate your feedback or other suggestions about Spa Equipment Supply, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). By submitting any material to us, you agree to use the Spa Equipment Supply Community Areas in accordance with the Community Guidelines and these Terms and Conditions.
If you do not want to grant Spa Equipment Supply the permission set out above on these terms, please do not submit or share your contribution on the Community Areas.
The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Spa Equipment Supply. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.
6. Terms of Sale By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Information notice for further details. In order to contract with Spa Equipment Supply you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Spa Equipment Supply retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Spa Equipment Supply or may in some cases be a third party. Where a contract is made with a third party Spa Equipment Supply is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
-Our Contract When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
-Pricing and Availability Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies
-Payment Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
-Discount Codes Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
7. These T&Cs relate to all Spa Equipment Supply promotions, competitions and discount codes (unless otherwise stated).
-Only one promotion code can be used per order.
-Maximum pre-discount spend limit of $500 applies per order.
-Primark items are excluded from all discount and promotion codes. Other selected brand exclusions may also apply.
-Maximum 20% off beauty products.
-A promotion code can't be used after an order has been placed.
8. Disclaimer of Liability The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Spa Equipment Supply and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Spa Equipment Supply's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
9. Linking to this Website You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
10. Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Spa Equipment Supply and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Spa Equipment Supply.
11. Indemnity You agree to indemnify, defend and hold harmless Spa Equipment Supply, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
12. Variation Spa Equipment Supply shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
13. Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
14. Complaints We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments. Contact us immediately at info@SpaEquipmentSupply.com
15. Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing Law and Jurisdiction These terms and conditions are to be construed in accordance with the laws of California and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the US Court System.
17. Entire Agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Spa Equipment Supply. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Spa Equipment Supply.
What personal information is collected on our Web site and how is it used?
1. Information You Directly Provide through this Site We collect personal information directly from you to do all the things typically associated with Web sites. Examples of the information we collect include name, address, phone number, email address, personal preferences, credit card number, purchase and ordering information, demographical information, responses to survey questions and sizing information. This information is collected at various places: for instance, when you check out with your online order; subscribe to catalogs, email offers, and mobile messaging offers; participate in surveys; enter contests or sweepstakes; or interact with special-event or program offers. We may collect information that you provide about people you know. Example; we collect your gift recipient's contact information to process your gift orders. We may also collect contact information about your friends and family members when you participate in one of our refer-a-friend programs. In these instances, we may send a message to your friend or family member on your behalf. Please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the message from you.
We use personally identifying information to do things like: process your online orders; open an online account at your request; personalize your online experience with content and offers that are tailored to your interests; provide customer service, whether it's responding to a request or following up on an order; include you in surveys and contests; enable you to post your content, such as comments or images; facilitate networks of online social activity centered around our products and services; improve our website, improve the manner in which offers are made on our website, improve purchase decisions of our visitors and the interactions visitors have with our website; enable you to interact with third-party content service providers, whether by linking to their sites, viewing their content within our Web environment, or by viewing our content within their Web environment; and market our products and services that may be of interest to you--for instance, we may add you to our email list when you make an online purchase or sign up to receive emails; or we may add you to our print-catalogue list when you make an online purchase.
2. Information We Observe or Collect through Technology
a. Navigational Information When you visit this Web site, we collect navigational information, such as browser type and version, service-provider identification, IP address, the site from which you came, and the site to which you navigate. Navigational information is largely anonymous in the sense that it doesn't contain your name, address, phone number, email address or other information that directly identifies you. However, we may associate this navigational information with your personal information if you provide it.
3. Information Others Observe or Collect through Technology We evaluate and select third-party service providers to help us provide certain features on our site and analyze our visitors' site and purchase preferences. The following provides more information about these service providers. We use analytics companies to better understand your use of our Web sites, and Web capabilities like embeddable widgets. For instance, these third parties may serve surveys to determine satisfaction with the Web site and then tie the responses to actual behavior on the Web site. We also use third parties so that we can evaluate and understand your online and store purchases to provide tailored offers and information to you.
How is technology used to serve our advertisements on other Web sites and what choices do you have?
We contract with third-party advertising companies to deliver tailored online display and banner advertising to you on other Web sites. To serve this advertising, these third-party companies place, use, or rely on technology, such as cookies and clear gifs, to obtain information about customer interactions with us through our Web sites and interactions with other Web sites. Once this information is gathered, it helps us select tailored ads for placement on these other Web sites, based on a customer_s combined online and offline (e.g., in-store) shopping history and experience with us.
For information about opt out programs that these third party advertising companies participate in, and the effect of opting out, email us at firstname.lastname@example.org
How does this Web site interact with third-party Web sites and content?
We may enable you to navigate to third-party sites and services, or otherwise display third-party content. We do this for your convenience. We don't endorse or generally have any affiliation with these third parties. And we don't control and aren't responsible for their Web practices. It is possible that the third party providing content through our Web site may collect or observe information through its use of technology. Whether the third-party content appears within our Web environment (like a map frame), or you leave our Web site for another site to view it, those service provider's terms, conditions, and privacy policies govern your online experience (unless there's a conspicuously posted statement by us that says otherwise). Please view their terms of service and privacy policies if you have any question about their practices.
What information do we share with third parties and our sister brands (or what information may they access because of the services they provide to us)?
1. Contractors We use third-party "back-office" contractors to help handle parts of our business because of their expertise, resources, or scale. They help us do things like fulfill orders, process payments, provide some customer service through chat features, monitor site activity, serve surveys and provide analysis from the surveys when combined with website use, maintain databases, administer and monitor emails, administer and send mobile messages, serve ads on this and other Web sites as described above and provide consulting services. Contractors may also assist us in hosting microsites and mobile Web sites where you may provide personal information about you and others you know.
2. Other Marketers We may share your name, postal address, and summary purchase information with other merchants and merchant exchanges. Other merchants may, in turn, use this information to send you offers on their products and services.
3. Law Enforcement and Emergency Response We may disclose specific information about our Web-site visitors if we have a good-faith belief that it's necessary or authorized under the law to protect our customers, the public, or our business.
4. Sale or Merger In the event we sell or transfer all or a portion of our business assets, including a brand or line of business, consumer information may be one of the business assets that are transferred in connection with the transaction.
Nothing in this policy restricts our ability to share aggregated or anonymized information that does not directly identify you.
What choices do you have over how your information is used?
1. Email You may remove your self from the our email list by following the removal instructions located at the bottom of each commercial email. Opting out of any of these emails will not stop operational or transactional messages such as password-reset or account related information from the brand or line of business in question. We may occasionally provide you with the opportunity to opt in to receive email messages from third parties. If you do opt in, we'll share your e-mail address with the specific third party in question. Please review their privacy policies to see how they treat your personal information.
2. Mobile Messaging If you've signed up for mobile text messaging offers but later decide you no longer wish to receive these offers, simply follow the opt-out instructions included in the mobile message.
3. Postal Mail: Catalogs If you'd like to specify your preferences for our catalogues (including our postal-mail offers), simply follow the instructions on each such catalogue, or dial 1-800-411-5116. To reduce postal mail click here.
5. Other Marketers If you don't want your basic contact and purchase information shared with other marketers (other than our affiliates and our contractor/service providers), please click here.
How do we secure your information on our site?
This Web site has the following types of security measures: limited access data-centers, firewall technology, and (for our e-Commerce sites through which you may place orders) secure-socket-layer (SSL) certificate authentication. SSL is encryption technology that provides security for information that's transmitted over the Internet.
While we implement the above security measures on this site, you should be aware that 100% security is not always possible.