Terms and Conditions
Please Read These Terms Carefully Before Using this Service
Spa Junction is an online platform made available by Junction Labs (P) Ltd. to bring together professional community empowering its members to discover and interact with others with similar skills and competencies and with a specific objective to improve efficiency and thereby value. The Services are available through the website http://www.spajunction.com (hereinafter referred to as "Site"). Various services provided by Spa Junction are subject to the following Terms and Conditions (the "Terms")./p>
Acceptance of Terms and Conditions of Service
The Services are provided by Spa Junction ("Spa Junction", "us" or "we") as a service to its customers ("Buyers" "Sellers" together "Users"). By using this site, you ("you", "user") agree to follow and are bound by the following terms and conditions that we have provided. If you do not agree to them, do not use the site and do not proceed to register. Your use of the Site constitutes your agreement to all such Terms.
The following Terms govern your access to the site and use of the Service. This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the Spa Junction website.
Spa Junction reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Users of, the Site (collectively, "you") should visit this page periodically for changes. This Site is continually under improvement and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. These Terms incorporate the Spa Junction Privacy Policy, and Spa Junction Terms and Conditions Agreement posted on the Site.
Definitions
- "User" means any person who makes use of the Site on his or her own behalf, or is authorized to use the site on behalf of a company or organization.
- “Account” means the Spa Junction Account opened when you register as a User of the Site's Services.
- "Site" means the domain, and all sub-domains, of Spa Junction.com
- "Submission" means any and all content developed by Seller relating to the product/service and uploaded on the Site.
- "Visitor" means a person who visits the Site, but does not use site services.
Services
Junction Labs (P) Ltd makes the Site available as a service to assist individuals or entities seeking to sell and buy products/services. Spa Junction community includes Buyers who are users of Spa, salons and fitness centres; and seller companies like Spas, salons and fitness / wellness centres and sellers of Spa product, consumables and equipment suppliers; and individual Spa professionals. The Site is useful to both Buyers and Sellers.
Buyers: Identify Sellers selling suitable products/services and pay Spa Junction and purchase them from the Sellers in the community. Sellers: Sell products/services required by the Buyers community through the Site.
Fee: Buyers can use the services of the site free of any fee. However, companies using the services of Spa Junction are required to pay for a variety of purposes like promotion and selling; hiring full time resources and consultants, etc. Fee will be specified based on the services/products of the seller.
Buyer and Seller Relationship
The purchase contract shall be between Buyer and Seller. Seller shall be solely responsible for the product/service sold through the Site. Spa Junction will in no way be responsible for the transaction.
Taxes & Relationship
Spa Junction shall not be responsible for payment of any income tax, VAT, payroll tax, payroll withholding and sales tax on behalf of Sellers or Buyers. All taxes payable by the Sellers or Buyers, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of products/services from and by Sellers shall be the responsibility of the respective Sellers and Buyers. Buyer and Seller agree to indemnify Spa Junction for any taxes or penalties imposed on Junction Labs/Spa Junction by virtue of the purchase and sale of products/services between them on this Site.
Sellers acknowledge that they are independent contractors. This Agreement does not create any other type of relationship between Sellers/Buyer and Spa Junction.
Payment
Buyer’s Payment
When a Buyer purchases a product/service, Buyer agrees to pay the contracted amount to the Seller either upfront or on delivery of the product/service. Buyer can pay the amount using his credit/debit cards, bank transfer or Paypal account
Reimbursement
Spa Junction reserves the right to seek reimbursement from you if it discovers erroneous or duplicate transactions, or receives a charge back from any Buyer's Credit Card Company, bank, or PayPal account for any reason, and you agree to reimburse Spa Junction. You agree that Spa Junction has the right to obtain such reimbursement by charging your Account, deducting amounts from future payments or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs will result in termination of your Account.
Payment to Sellers
If, for any reason, Spa Junction does not receive payment for any amounts that you (Buyer) have authorized to be paid, you agree to pay such amount immediately upon demand by Spa Junction unless you have raised a dispute with the Seller. If you authorize any payment but Spa Junction does not receive the funds, you also agree to pay any interest charges, attorneys" fees and other costs of collection incurred by Spa Junction in collecting from you the authorized but unpaid amount.
Eligibility and Obligations of User
You agree and confirm that you are a legal entity or an individual thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Site, you represent and warrant (as an individual) that you are 13 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you are either an emancipated minor or possess legal parental or guardian consent to access and use the Site. Spa Junction may terminate your Account and/or prohibit your access to the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are below 13 years of age.
When you register for an Account with Spa Junction, you accept all of the terms and conditions of this Agreement including but not limited to, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of product/Service; and (c) perform your obligations, unless such obligations are prohibited by law or by this Agreement. Spa Junction reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone with or without cause.
Registration & Accounts
To purchase products/services through our Site you must register as a User and have an Account. When you register, you agree to provide true, accurate and complete information. You agree to update this information as and when changes occur.
Each User represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the User and only in accordance with this Agreement. The User agrees to be fully responsible and liable for any action using User"s Account.
Your Spa Junction Account and Username are not transferable, and any transfer or attempted transfer to another party is null and void.
Usernames and Passwords: When a User registers an Account, the User will be asked to choose a Username and password for the Account. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the Username and password you use to access this Site. Spa Junction will assume that any person using the Site with your Username and password is authorized to act on your behalf.
Prohibited Activities
The following are prohibited activities, which could lead to the termination of a User account: License, sublicense, sell, resell, transfer, reproduce, duplicate or exploit any portion of the Services in any way;
Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;
Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducts fraud, hide or attempt to hide your identity, or misrepresent the source or content of information transmitted through the Services;
Transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers, or spamming;
Use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or all or any portion of the Services;
Distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Spa Junction's rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Contact a User for any purpose other than asking a question related to the work;
Conduct any transaction independent of the site to avoid payment of fee;
Use of bots, crawlers, or spiders, or other methods, to collect information from the site;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Services.
Disputes
You are solely responsible for your interactions with other Users. Spa Junction reserves the right, but shall have no obligation, to monitor disputes between you and other Users.
Limitation of Liability
You expressly understand and agree that Spa Junction shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, fines and expenses or other intangible losses damages, resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute Product and services resulting from any product or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data
- statements or conduct of any third party on the service;
- or any other matter relating to the service; even if spa junction or spa junction’s authorized representative has been advised of the possibility of such damages.
The liability of Spa Junction and your exclusive remedy with respect to the use of the site and the service or any breach of this agreement are limited to the amount you paid to Spa Junction subject to a maximum of $499. Any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties ONLY.
Termination and Cancellation
Violation of these Terms and Conditions will result in suspension/termination of your Account. While Spa Junction prohibits such conduct, you understand and agree that Spa Junction shall not be responsible for the product/service details provided by the Sellers and you nonetheless may be exposed to such materials.
You are solely responsible for cancelling your account with Spa Junction. You can cancel your Spa Junction account by sending an email to contact@spajunction.com. On receipt of email, your profile will not be available on the site subject to the condition that there is no active action pending. But, your data will remain on our server for any necessary action in future. However, this data will not be used by us or shared with others.
Upon any such cancellation/termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, and jurisdictional issues shall survive any such termination.
Disclaimer/No Warranty
Spa Junction service is provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, copyright, or fitness for any particular purpose. Spa Junction services are intended to be used to facilitate the sale and purchase of products/services. Spa Junction does not endorse any Buyers or any Sellers. Spa Junction is not responsible for and disclaims any and all liability related to any and all listings of products/services.
Spa Junction makes no warranties or representations about the accuracy or completeness of the site's content or the content of any sites linked to this site. In no event shall Spa Junction be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of; the use of or inability to use the site; behaviour of users; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Spa Junction site.
Spa Junction further does not warrant that its service will be secure or uninterrupted; the information, text, graphics, photographs, images, links or other items contained within these materials will be accurate and complete. Spa Junction may make changes to these materials at any time without notice. Spa Junction makes no commitment to update the Materials. No oral advice or written information given by Spa Junction and its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.
The Services provided by Spa Junction are Internet-based. You acknowledge and agree that Spa Junction cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although Spa Junction will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.
Spa Junction reserves the right not to provide Users access to the Services from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades. Spa Junction shall use commercially reasonably efforts to notify Users of anticipated material disruptions in the Services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours.
Indemnification
You acknowledge and expressly agree that use of this Site is at your sole and own risk. You agree to defend, indemnify and hold harmless Spa Junction and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, lawsuit, demand, loss, damage, expense (including attorney fee, costs and expenses) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. Spa Junction reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Spa Junction in asserting any available defense. You shall not settle any indemnified claim without Spa Junction's prior written consent.
Trademarks
All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to Spa Junction.com, are proprietary to Spa Junction or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
Severability, Waiver, Entire Agreement
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.
The failure of Spa Junction to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and Spa Junction and govern your use of the Service, superseding any prior agreements between you and Spa Junction (including, but not limited to, any prior versions of the Terms of Service).
Jurisdiction, Governing Law & venue
This Site is controlled and operated by Junction Labs (P) Ltd. from its offices at Kochi, India. Junction Labs (P) Ltd. makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized, is prohibited.
Miscellaneous
Force Majeure: The parties shall be released from their respective obligations in the event of natural calamities, national emergency, war, prohibitive governmental regulation or any other cause beyond the reasonable control of the parties. However, the parties shall pay the amounts due.
Assignment: You may not assign this Agreement, to any third party, without Spa Junction's prior written consent. Any assignment or transfer these Terms, without such consent, will make the assignment/transfer null and void. Spa Junction may assign or transfer these Terms, at its sole discretion, without restriction, to provide the agreed Services to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, mailed by express mail, Government mail service, or sent by recognized courier service to the address mentioned in the website in case of Spa Junction and to the address provided by the user at the time of registration.
Contact
If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via an email to contact@spajunction.com