Terms & Conditions

Terms and conditions for the online purchase of The Spa Collective gift vouchers

By placing an order for purchase of Gift Vouchers via this website (“Order”) you are agreeing to the terms conditions set out below.

General Gift Voucher terms

1. The Spa Collective issues only online Gift Vouchers, which are dispatched via PDF link to the email address(es) nominated by the Purchaser.

2. The Spa Collective Gift Vouchers are valid for use within 11 months of purchase. Once a voucher has expired, The Spa Collective is under no obligation to offer an extension; however we routinely assess such requests on a case-by-case basis. Extension requests are reviewed closely by our Help Desk Team via email info@spacollective.com.au. Please note; Any extension request for a Gift Voucher that is over 6 months past the expiry date will not be considered.

Expired vouchers are non-refundable in whole or in part. After a voucher has expired, it is no longer valid and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of The Spa Collective.

The expiry date is clearly displayed on all Gift Vouchers.

3. The Spa Collective Gift Vouchers are valid for multiple use, but are only valid for the total transactional value shown on the original issue Gift Voucher.

4. The Spa Collective Gift Vouchers are valid at the business locations listed on http://www.spacollective.com.au. Possession of a Spa Collective Gift Voucher does not guarantee that a booking will be available at any particular Spa Collective affiliate spa. Bookings are subject to availability. Bookings must be made directly with Spa Collective affiliate businesses.

Ordering

5. You may place an Order by following the instructions on the Website. Your Order will be submitted by you completing payment details and indicating your acceptance by clicking the ‘Place Order’ button.

Orders will be deemed to have been received by The Spa Collective upon The Spa Collective sending an Order confirmation to your nominated email address.

6. Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order, including these terms and conditions.

7. You may place an Order for up to 50 Gift Vouchers in one Order. A minimum value of $35 and a maximum of $995 can be loaded on each Gift Voucher. We may change the minimum and maximum amounts that can

be loaded onto a Gift Voucher from time to time at our sole discretion. To purchase more than 50 Gift Vouchers or a total value exceeding $10,000 in value contact The Spa Collective team at info@spacollective.com.au.

8. Orders for bulk gift vouchers will be emailed to the purchaser for distribution to recipients. Should you require bulk orders to be dispatched to individual recipients contact The Spa Collective team at info@spacollective.com.au.

9. The Spa Collective reserves the right to not accept Orders, including those that request commercial quantities of Gift Vouchers. If The Spa Collective is unable to supply your total Order it will endeavour to contact you to discuss whether you wish to proceed with a part Order.

10. The Spa Collective reserves the right to cancel any Order at any time, without notice, for any reason.

11. In event of a cancelled Order, any payments processed by The Spa Collective will be promptly refunded.

12. Customers who wish to cancel an Order must immediately notify The Spa Collective by emailing info@spacollective.com.au, quoting the Invoice number. The Spa Collective will endeavour to process cancellation requests where possible, but will not be liable for any failure to do so.

13. You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances The Spa Collective accepts no responsibility. The Spa Collective does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk and The Spa Collective is not responsible while such information is in transit.

The Australian Government provides further information about protecting yourself in online transactions. This is available at www.staysmartonline.gov.au/ (this website is not provided by The Spa Collective).

Message content

14. Customers agree that they are fully responsible for any messages they submit to The Spa Collective in connection with The Spa Collective Gift Vouchers. The Spa Collective shall not be liable

in any way for such Content to the full extent permitted by law. The Spa Collective may remove any Content without notice for any reason whatsoever.

15. Customers warrant and agree that: (a) they will not submit any Content that is unlawful, indecent or fraudulent, or that The Spa Collective may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with

respect to race, religion, origin or gender, not suitable for persons under the age of 16, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

16. When a Customer submits any Content, the Customer, unless

The Spa Collective advises otherwise, licenses and grants The Spa Collective, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for the purposes of, and incidental to your purchase of Gift Vouchers (including

printing of Content onto Gift Vouchers or sharing Content with recipients of Gift Vouchers),or for any other purposes to which you, either expressly or impliedly, consent to, without compensation, restriction on use, attribution or liability.

Customers agree that they have the full authority to grant these rights. Any Content provided by you will be processed by The Spa Collective in accordance with the The Spa Collective Privacy Policy at http://www.spacollective.com.au/ privacy-policy-2/.

17. Without limiting any other terms herein, the Customer agrees to indemnify The Spa Collective for any breach of the clauses 11-12.

Credit Card payment

18. Payment for online orders is to be made by Visa or MasterCard only.

You may provide your nominated credit card details during the purchase process described on the Website.

19. Once you click “Pay Now”, The Spa Collective will process payment for your Order, plus any service fees as itemised on the final screen where you indicate your acceptance of this contract (Total Amount), using your nominated credit card (Visa or MasterCard) via a secure payment gateway.

20. You authorise The Spa Collective to debit the Total Amount from your nominated charge card or credit card.

21. If your nominated charge card or credit card is declined by your financial institution, The Spa Collective will not be required to fulfill the Order, and may contact you to make alternative payment and delivery arrangements.

22. The Spa Collective may decide at any time not to accept payment from you by charge card or credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed.

Delivery

23. All Orders are delivered via email as a PDF attachment to an address nominated by the Purchaser. In the event that The Purchaser does not nominate a recipient address, the Order shall be emailed to the Purchaser. In the event that the Purchaser does nominate a recipient email address different to their own, the Purchaser shall be provided a Confirmation of the Order, but not a copy of the Gift Voucher.

24. The Spa Collective is not liable or responsible for any loss suffered as a result of a Gift Voucher delivered via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the email Gift Voucher, please contact us immediately via info@spacollective.com.au to send vouchers to an alternative email address.

Booking

25. Once your booking has been made, if you cancel it, you may incur a cancellation fee from the spa business in accordance with their cancellation policy. In the case of short notice or no notice cancellations by you, you may lose your voucher completely. If a Spa Collective affiliate spa business needs to cancel a booking, you will be contacted as soon as possible in order to reschedule a convenient alternative date. The Spa Collective will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.

The Spa Collective Liability

26. The Spa Collective is not a provider of spa, beauty, medi spa or massage services or experiences and has no responsibility for any services or experiences provided or not provided by the experience provider or any other party.

27. The Spa Collective affiliate spa businesses provide services directly to customers. The Spa Collective makes no warranty or representation regarding the standard of any service to be provided. All Spa Collective vouchers are issued subject to the terms and conditions of each spa affiliate and these Spa Collective terms and conditions.

28. The Spa Collective does not control the business operations of any experience provider. The Spa Collective make no guarantees or warranties about the services that are provided to you by the experience providers.

29. The Spa Collective has no liability for any act, omission or default, whether negligent or otherwise of any spa affiliate presently or historically listed on The Spa Collective website or third party.

30. Where The Spa Collective’s liability cannot be excluded, such liability is limited to the value of the Gift Voucher purchased.

Bulk or corporate orders

31. The Spa Collective also accepts Direct Deposit (EFT) or Cheque payment for Bulk or Corporate Orders submitted by contacting info@spacollective.com.au.

32. If you select EFT as a payment option, you will be provided with our bank account details and a reference number. You must include the reference number with your bank transfer otherwise your Order may be delayed.

33. The Spa Collective will not process an Order placed using the Corporate Order Form until the payment has been received and will not be liable for any delay from banking delays or misdirected payments.

 

The ‘Spaco’ logo is the property of the Spa Collective. Spaco is operated by the Spa Collective Pty Ltd.