Terms & Conditions
Effective date: 8 day of December, 2023
The following Terms and Conditions (“the Terms and Conditions“) govern and apply to your use of www.auraspacalgary.com or reliance upon this website maintained by Diana Arich and Jamal ElRafih (the “Website“).
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions, an any other applicable laws, statutes and/or regulations. These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Website and the way we expect users to behave on our Website. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Term and Conditions.
All intellectual property on the Website is the property of Diana Arich and Jamal ElRafih, the Website’s creators or our licencors, which includes material protected by copyright, trademark, or patent laws. All trademarks, services marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, images, sound, music, videos, documents, downloadable files, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company: All rights reserved.
USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials“). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms and Conditions may be interpreted as granting any licence of intellectual property rights to you.
SALES OF GOODS AND SERVICES
These Terms and Conditions govern the sale of goods and services available on the Website.
We may sell goods or services or allow third parties to sell goods or services on the Website.
The following goods are available on the Website:
- Skin related products;
- Other products related to the spa concept;
- Gift Cards
The following services are available on the Website:
- Spa services available to book on our third party booking system;
- Gift card related to services available at the spa.
The services and good purchased on the Website will be paid in full when they are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on the Website at the time you access it. This includes all products listed as being out of stock. All information, descriptions or images that we provide undertake to be us accurate as possible with all information regarding the goods and services. However, we cannot guarantee the accuracy or reliability of any product or services from us or third party‘s information and you acknowledge and agree that your purchase from our Website is at your own risk.
We accept the following payments methods on the Website:
- Credit card;
- Debit card
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attentions to the details of the transaction, as your total price may include taxes, fees and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We reserve the right to cancel any transaction if we believe the transaction violates these Terms and Conditions, or if we believe in doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that price are subject to change. When purchasing any physical goods, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel and order for any reason, including errors or omissions in the information. If we do so after payment has been processed, we will issue a refund to you in the amount you paid.
You agree that is your responsibility to monitor your payment instrument to verify receipt of any refund.
We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products.
For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any question, concerns, or disputes, you agree to contact us in a timely manner at the following:
Aura spa Calgary,
3A-1304 4 ST SW, Calgary, Alberta, Canada, T2R 0X8
If you are unhappy with anything you have purchased on our Website, you may do within 30 days after receipt of your goods in the following ways:
- Contact us directly by phone or email to request a refund. This refund will be issue once received the product back in the store.
- The cost, including taxes and fees, will be refund to you by e-transfer or direct to your payment method.
- The services will be fully refunded if the services are cancelled at least 24 hours before the services were schedule to be provided, or complete dissatisfaction with the services or with the technician(s) providing the services.
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause.
You agree not to use the Website in any way that could damage the Website, the services or the general business of Diana Arich and Jamal ElRafih.
You further agree not to use and/or access the Website:
- To harass, abuse, mistreat or threaten other users of this Website or otherwise violate any person‘s legal right:
- To violate any intellectual property rights of us or any third party:
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another:
- To perpetrate any fraud, including the use of unauthorized payments.
If we believe you are using the Website illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to the Website. We also reserve the right to take any legal steps necessary to prevent you from accessing our Website.
CONSUMER PROTECTION LAW
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
LINKS TO OTHER WEBSITES
Our Website contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party Website or service linked to on our Website. It is your responsibility to read the Terms and Conditions and Privacy Policies of these third-party Websites before using these sites.
REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website:
- Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
LIMITATION OF LIABILITY
Diana Arich and Jamal ElRafih and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of this Website.
Except where prohibited by law, by using this Website you indemnify and hold harmless to Diana Arich, Jamal ElRafih and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the Province of Alberta, Canada
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.