Exclusive Deals - Terms And Conditions
Purchases and Payment
The Site allows users to purchase products and services via its Exclusive Deals program. In order to purchase a voucher (“Voucher”) you must place an order on site purchase path. Completion of order will allow you to print the Vouchers you purchase. By purchasing products or registering for such services from Spa Week Media Group (“SWMG”), you represent that you are 18 years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account.
All Vouchers are discounted promotional vouchers that are being offered for sale (each, an “Offer”) by individual, participating merchants (“Merchants”) to be used in exchange for goods and/or services provided by such Merchants. By placing an order for a Voucher from a Merchant, you make an offer to purchase the Vouchers you have selected from the Merchant on the terms and conditions stated pursuant to the Offer and in accordance with these Terms. While SWMG is fulfilling the sale of these Vouchers, SWMG is neither the seller of the Voucher nor the provider of any goods and/or services received in exchange for such Voucher. The Merchant is the seller and provider of the goods and services received in exchange for the Voucher and is solely responsible for validating and redeeming any Voucher you purchase and for any customer service issues related thereto.
All conditions of each Offer are created and determined by the Merchant. Vouchers are subject to the terms and conditions of the applicable Offer, and any limitations on the use of any Voucher are determined by the Merchant in its sole discretion. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Merchant. Vouchers cannot be used for taxes, tips or prior balances, unless specifically permitted by the Merchant.
Vouchers are single use vouchers and cannot be used more than once. Reproduced Vouchers will not be accepted if the original Voucher (or identical reproduced Voucher) has already been used. Vouchers are not replaceable if lost or stolen. Vouchers are not returnable, and all sales of Vouchers are final. Vouchers cannot be redeemed for Spa & Wellness Gift Cards except in accordance with applicable law.
Any expiration dates on any Voucher have been imposed by the Merchant. Vouchers will be subject to such expiration dates except as prohibited by applicable law. Specific state redemption and/or expiration requirements are solely the responsibility of the Merchant. The Merchant is the “holder” and “issuer” of the Voucher.
In order to fulfill purchases from Merchants, SWMG may use the services of third parties, including payment processors and similar vendor services. In any event, SWMG expressly disclaims any responsibility for or related to: (a) the services provided by any such third party or any Merchant and (b) the transactions you conduct or enter into with any such third party or any Merchant. If for any reason SWMG does not receive payment for a purchase, SWMG may exercise its rights in law and equity, including: (x) immediately suspending or terminating your account; (y) seeking collection of the outstanding amount owed; and/or (z) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site, including sales, use or excise taxes. Prices may vary. To the extent that SWMG is obligated to collect such taxes, the applicable tax will be added to your account.
The Site allows you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other users to the Site (“User Content”). Failure to comply with these Terms, including any rules posted on the Site pertaining to User Content, may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, indecent, or depict animal cruelty; (f) violate any community or Internet standard; (g) introduce any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or other material or information to SWMG, you grant SWMG a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. SWMG may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. SWMG shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site.