Terms and Conditions
Please read this document carefully before accessing or using the site.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS THE USER’S LEGAL RIGHTS.
Last updated at May 1st, 2022
For these Terms:
(i) “Website” means the Company’s Website for the User’s mobile devices or computers which can be used through a browser without downloading. The link to the Website www.spapackages.ie.
(ii) “Online Service” means the Company’s products and services that are publicly not available in a full version without a creating account on the Website and without a subscription. The Online Service includes the following: the User has the right to buy spa packages depending on the subscription type.
(iii) “User” means any person who registered an account on the Company’s Website and uses the Company’s Online Service.
(iv) “Gift Voucher” means alphanumeric strings that the Company offers to encourage purchases on the Website from and/or issued by the Company.
1.1. By agreeing to these Terms, the User represents and warrants to us:
(i) that the User’s age is at least eighteen (18) years old; all users under this age must obtain parental consent to use the Website and make payments for using the Website;
(ii) that the User has not previously been suspended or removed from the Website and the Online Service;
(iii) that the User’s usage of the Website and the Online Service complies with applicable laws and regulations.
- LICENCE GRANT TO THE COMPANY
2.1. By providing information to the Company through the Website, the User approves the processing of their Files by the Company.
2.2. The Company guarantees that all Files will be used only for data processing purposes by the Website and any third party would not have any access to the User’s Files without additional permission of the User.
- INFRINGEMENT AND ABUSE
3.1. The Company is not responsible for the accuracy of the materials that the User provides, and that the User uses.
3.2. The Company does not check the Files for the User’s ownership based on the peculiarities of data processing by the Online Service.
3.3. The Company has the right to check the User’s person and request the necessary documents for verification.
- TERMINATION OF USE, DISCONTINUATION AND MODIFICATION/UPGRADING OF THE WEBSITE AND THE ONLINE SERVICE
4.1. The Company has the right to modify/upgrade or discontinue the Website and/or Online Service at any time (including, without limitation, by limiting or discontinuing certain features of the Website and/or Online Service) without notice to the User.
4.2. The Company doesn’t have any liability whatsoever on account of any change to the Website and/or Online Service or any suspension or termination of the User’s access to or use of the Website and/or Online Service.
- THIRD-PARTY’S LINKS
5.1. The Website and Online Service may contain links to third party web sources. Such linked websites are not under the Company’s control, and the Company is not responsible for their content.
- OWNERSHIP; PROPRIETARY RIGHTS OF THE COMPANY
6.1. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Website and the Online Service provided by the Company are protected by all relevant intellectual property and proprietary rights and applicable laws.
6.2. All Materials contained on the Website and the Online Service are the property of the Company or the Company’s third-party licensors.
6.3. Except as expressly authorized by the Company in writing, the User may not make use of the Materials.
6.4. The Company reserves all rights to the Materials not granted expressly in these Terms.
- PROHIBITED USES
7.1. As a condition of the User’s use of the Website and the Online Service, the User will not use the Website or the Online Service for any purpose that is unlawful or prohibited by these Terms. The User may not use the Website or the Online Service in any manner that could damage, disable, overburden, disrupt or impair any of the Company’s servers or APIs, any networks connected to any of the Company’s servers or APIs, or that could interfere with any other party’s use and enjoyment of the Website or Online Service.
7.2. The User may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the Website or Online Service.
7.3. The User may not exceed or circumvent, or try to exceed or circumvent, limitations on the Website or the Online Service, including on any API calls, or otherwise use the Website or Online Service in a manner that violates any of the Company’s documentation or user manuals.
7.4. The User and/or any other third parties may not attempt to gain unauthorized access to any websites or online service, other accounts, computer systems, or networks connected to any of the Company’s servers or of the Website or the Online Service through hacking, password mining, or any other means.
7.5. The User and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Online Service.
7.6. The User and/or any other third parties may not use the Website or the Online Service in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA, or other countries).
8.1. The User agrees to be responsible for using the Website and the Online Service, and the User agrees to defend, indemnify, and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with
(i) the User’s access to, use of, or alleged use of the Website and the Online Service;
(ii) the User’s violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
(iii) the User’s violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
(iv) any disputes or issues between the User and any third party. The Company reserve the right, at the Company’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User (and without limiting the User’s indemnification obligations concerning such matter), and in such case, the User agrees to cooperate with the Company’s defence of such claim.
- DISCLAIMERS, NO WARRANTIES
9.1. The Website and the Online Service are made available to the User on an “as is” and “as available” basis, with the express understanding that the Company have no obligation to monitor, control, or vet the content or data appearing on the Website and Online Service.
9.2. The User uses the Website and the Online Service at their discretion and risk.
9.3. The Company make no claims or promises about the quality, accuracy, or reliability of the Website and Online Service and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.4. The User using the Services and Website understands that the Service may not be relevant to the User’s expectations and the Company is not responsible in case the User’s expectations were higher than the level of the Services.
9.5. The Company is not responsible for any advertising materials. The advertising materials on the Websites or in the brochures for the Services may not be accurate and include any mistakes.
- LIMITATION OF LIABILITY
10.1. In any case will the Company not be liable to the User or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to the User’s access to or use of, or the User’s inability to access or use, the Website and the Online Service or any materials or content in the Website and Online Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Company have been informed about of the possibility of such damage.
10.2. The Company in any case is not responsible for services that are provided to the User by the third party who placed advertise on the Website.
- GOVERNING LAW
11.1 These Terms will be governed by the laws of Ireland without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, the User and the Company agree to submit to the personal and exclusive jurisdiction of the state courts located within Ireland to litigate all such disputes.
- CHANGES TO THESE TERMS
12.1. The Company reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted on the Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to the Website.
12.1.1. The Company is not obliged to inform the User about changes in these Terms.
12.2. If the User does not agree with the revised Terms, the User’s sole and exclusive remedy will be to discontinue the User’s use of the Website and the Online Service.
13.2. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of provisions.
13.3. The User has no rights to assign or transfer these Terms or the User’s rights hereunder, in whole or in part, by operation of law or otherwise, without the Company’s prior written consent.
13.4. The Company has the right to assign these Terms at any time without notice.
13.5. The failure to require performance of any provision will not affect the Company’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
13.6. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
13.7. The User acknowledges that the Website and the Online Service are not intended to be technology protection measures that will help the User comply with the CCPA.
13.8. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Section 2 and Sections 7 through 13 of these Terms.
- COMMUNICATION AND NOTIFICATIONS
14.1. The entire communication with the Company is electronic. Every time the User sends the Company an email or visits the Website and uses the Online Service, the User will be communicating with the Company.
14.2. The User hereby consents to receive communications from us.
14.3. If the User subscribes to the news on the Website, the User is going to receive regular emails from us.
14.4. The Company will continue to communicate with the User by providing notifications through the Website or posting news on the Company’s social media. 9
14.5. The User also agrees that all notices, disclosures, agreements, and other communications the Company provides electronically meet the legal requirements that such communications be in writing.
14.6. The User agrees to receive any notifications through the Website on the User’s mobile devise or computer.
14.7. The User can contact the Company for support via email at ________________.
14.7.1. Using support service, the User understands that it is a transfer of the part of his personal data and fully agrees to share his personal email with the Company for further processing.
15.1. The User has the right to choose a subscription through the Company’s Website:
(a) “Bronze Listing” means that this subscription includes services from clause 5.1.1 for a period of twenty (20) days.
(b) “Silver Listing” means that this subscription includes services from clause 5.1.1 for a period of three (3) months.
(c) “Gold Listing” means that this subscription includes services from clause 5.1.1 for a period of six (6) months.
(d) “Diamond Listing” means that this subscription includes services from clause 5.1.1 for a period of one year.
15.1.1. The subscription means that the User has: to include the User’s venue name and address; an option to accept spapackages.ie Gift Vouchers; to receive genuine customer reviews; log in to edit the User’s profile; to include a detailed description of your venue; to upload one image; a map with the User’s SPA locations; and other additional features.
15.2. The User shall provide the Company with the shipping address for the delivery item that the User bought and the payment information.
15.3. After withdrawing the funds from the Users credit card, the User will receive the receipt for purchased goods from the Company.
15.4. The User has the right to buy the Gift Voucher for some special and once time service, without any subscriptions.
16.1. The User doesn’t have the right to refund money that was paid for by the subscription type.
16.2. The User has the right to return the Gift Voucher within fourteen (14) days of receipt for a full refund.
16.2.1. The User will receive all refunds within thirty (30) days from the moment of the User’s notification of cancellation. For requesting any refund, please contact the Company’s support.
17. MARKETS TERMS
17.1. The Company grants the User not limited, non-exclusive, non-transferable, non-sublicensable license to use the Website on a mobile device or computer that the User owns or controls. The Company reserves all rights in and to the Website not expressly granted to the User under these Terms. Except as expressly permitted in these Terms, the User may not: (i) copy, modify or create derivative works based on the Website; (ii) distribute, transfer, sublicense, lease, lend or rent the User’s account on the Website to any third party; (iii) reverse engineer, decompile or disassemble the Website; or (iv) make the functionality of the Website available to multiple users through any means.
18. THE USER’S ACCOUNT
18.1. The User has the right to create an account on the Website using email and password.
18.2. The User is responsible for all activities that occur under the User’s account.
18.3. The Company reserves all rights to terminate accounts, edit or remove content and cancel orders at sole discretion.
19. OTHER CONDITIONS
19.1. If there is a conflict between these Terms and additional terms applicable to a given Website or the Online Service, the additional special terms will control that conflict.
19.2. If the User does not agree to these Terms, the User must not access or use the Company’s Website or the Online Service.
19.3. The Company provides services to the User, which are subject to the conditions stated in these Terms. Every time the User visits/uses the Website using its Online Service or makes a purchase, the User accepts all these conditions.