This website is operated by Spa Wellness Group / Esencia Day Spa. Throughout the site, the terms “we”, “us” and “our” refer to Spa Wellness Group / Esencia Day Spa.
Spa Wellness Group / Esencia Day Spa offers this website and its physical facilities, including all information, tools and services available from this website and its physical facilities to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The terms “you” and “user” refers to the customer/s.
By visiting our site and/ or purchasing our services and goods, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein, those subsequently made available by hyperlink and notices, instructions, waivers in our facility (collectively “Terms and Conditions”, “Terms”) . These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services.
Any new features or tools which are added to the current website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website without need of prior notice to the users. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section A – Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the Philippines, and you have given us your consent to allow any of your minor dependents to use this site.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our services.
Online Bookings, Refunds and Changes of Treatments
- You are urged to ensure your availability for treatment when you book online.
- You understand that online bookings are transferable but non-refundable and non-rebookable. To transefer your booking to another person, please send us an email with the complete name of the person to whom you transfer your purchased treatments and services. A valid identification card would be asked of this person to ensure that he or she is entitled to your service.
- Change of treatments is allowed. For treatments that cost more than what has been already paid, you would be asked to pay for the balance. For treatments that cost less than the original treatment booked, no refunds will be made.
Section B – General Conditions
We reserve the right to refuse to render our Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and may involve or be subject to (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section C – Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section D – Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section E – Products Or Services
Certain products or services may be made available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display, as accurately as possible, the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section F – Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section G – Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party websites and we do not warrant and will not have any liability or responsibility for any materials, websites, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party
Section H – User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation to:
- maintain any comments in confidence;
- pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section I – Waiver And Release Representations.
By signing up for and/or availing our treatments and other programs and using the premises, facilities and equipment individually and/or collectively, you represent that
- you are of legal age, or if, below eighteen (18), have received the consent of your parent / legal guardian to sign up;
- you are physically and psychologically fit for our services
- you have no medical or physical condition that would prevent you from availaing of our services;
- you have not been advised or instructed by a physician or other medical practitioner not to avail of massage treatments and our other for any reason whatsoever, and
- you have read, completely understood and voluntarily executed and agree to be bound by the terms and conditions of our services.
You acknowledge that if you have any chronic disabilities or conditions or you are pregnant, you may be at risk of availing our services.
You acknowledge that we shall not be responsible for any injury or accident that may occur during treatment, and agree to hold us free and harmless for any costs, expenses, or damages you incur in connection with or as a result of any injury or accident during treatments.
You know and understand that you should stop in the event of any discomfort, notify our staff, and consult your physician immediately.
Free and Harmless.
You hereby:
- agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you during treatment; and
- release, indemnify and hold harmless Spa Wellness Group / Esencia Day Spa, and each of its respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to your sessions in our facilities.
Valuables.
We urge you to avoid bringing valuables onto our facilities. We shall not be liable for the loss of, or damage to your personal property or anywhere else in our facilities. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of valuables.
Behavior.
You agree to abide by our etiquette guidelines. We reserve the right to deny access to any person we deem to be acting in an inappropriate or unsafe manner.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our service will be accurate or reliable.
You agree that from time to time we may discontinue the service for indefinite periods of time or cancel the service at any time, without notice to you.
In no case shall Esencia Day Spa, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
Section J – Indemnification
You agree to indemnify, defend and hold harmless our and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section K – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These terms and any policies or operating rules posted by us on this site or in respect to our service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section L – Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
Section M – Changes To Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.