| Spagoda Legal Disclaimers, Terms and Conditions
By accessing or using this site, you acknowledge and agree to the disclaimers,
terms, and conditions set forth below. Please read the following carefully:
Although this site is accessible worldwide, not all products or services
discussed or referenced herein are available to all persons or in all
geographic locations. Spagoda reserves the right to limit, in its sole
discretion, the provision and quantity of any product or service to any person
or geographic area it so desires. Any offer for any product or service made in
or through this site is void where prohibited.
REFUNDS AND CANCELLATIONS
Refunds are available only in the event that the purchased activity can no
longer be offered by Spagoda and its affiliates. All refunds are subject to a 25%
administration fee and will be issued to the purchaser of the reservation or
gift certificate. Spagoda may also be required to uphold pre-existing vendor
policies which may include additional penalties or forfeitures. Properly
cancelled reservations may be rescheduled or exchanged for a Gift Certificate
valid for 2 years from the date of original purchase.
To request a refund, send an email to customerservice@Spagoda.com containing
the certificate or reservation number, purchaser name, address, telephone number
and any additional information pertaining to the request. Expect a response
within (10) business days.
SPAGODA PROVIDERS
Spagoda has Service Providers nationwide and we are continuously adding
locations and services offered. If we need to change or withdraw venues or
Spagoda locations due to circumstances beyond our control, comparable
alternatives will be offered. In such cases recipients will be able to exchange
their Spagoda Certificate for a different Spagoda Spa Experience of the same
monetary value. Spagoda Service Providers have their own terms and conditions.
In order to participate in the Spagoda Spa Experience, participants will be
required to accept their Terms and Conditions. Participants may also be
required to sign an acceptance form or a waiver by the Spagoda Provider and
will be informed of this when they redeem their Spagoda Certificate or by the
Service Provider at the time of the Spagoda Spa Experience.
SPAGODA DESCRIPTIONS
Spagoda strives to keep all information regarding the Spagoda Spa Experiences
as accurate and up to date as possible. However, precise details of each
Spagoda Spa Experience may change from time to time and from Provider to
Provider. The Spagoda description as provided within the Spagoda brochure is
only accurate at the time of going to print and may not fully or precisely
describe the actual Spagoda Spa Experience received. The most up to date
Spagoda descriptions are available on www.Spagoda.com or from Spagoda Customer
Service at 770-405-1040. The pictures used in all Spagoda promotional materials
are for illustration purposes only and may not accurately reflect the details
of an individual Spagoda Spa Experience.
The duration of each Spagoda Spa Experience is an approximation of the time the
participant will spend at the venue. Details regarding the number of
participants, or any wait time that may be involved are listed in the Spagoda
Description. Whenever possible, itineraries are provided as a guide.
SPAGODA SPA EXPERIENCE REQUIREMENTS
It is the responsibility of the Spagoda participant to comply with all
necessary requirements of the Spagoda Spa Experience as set out on the Spagoda
web site and/or in the booking confirmation. Some Spagoda Spa Experiences may
be restricted by factors which include but are not limited to age or health.
Spagoda descriptions will as accurately as possible explain the limitations or
requirements relating to each Spagoda Spa Experience. Participants may be
liable for costs if they have to cancel their Spagoda Spa Experience after
booking because these requirements are not met. Full details of all
restrictions for each Spagoda Spa Experience can be found on www.Spagoda.com
and are available from Spagoda Customer Service at 770-405-1040.
PRIVACY
If you wish to purchase products or services described in this site, you may be
asked to supply certain information, including credit card or other payment
information. By providing such information, you represent and warrant that it
is accurate, complete, and current. By making any such purchase, you agree to
pay all charges (including shipping and handling charges) incurred by users of
your credit card or other payment mechanism at the prices in effect when such
charges are incurred. You are responsible for paying any taxes applicable to
such purchase.
Data about the activity of visitors to this site is automatically provided to
Spagoda. Spagoda may use or disclose information about your demographics and
use of the site in any manner that does not reveal your identity. Email
addresses, postal addresses, or telephone numbers and other personally
identifying data about you is known to Spagoda only when voluntarily submitted
or posted to this site. Spagoda may use such personally identifying information
provided by you to send communications to you regarding orders placed. Spagoda
may also use this information to communicate advance notice of events and new
products and services.
Spagoda reserves the right to refuse any order for any reason. Orders may be
delayed or canceled if Spagoda is not given completely accurate information
and/or is unable to contact the person who has placed the order and/or is the
primary cardholder for the order.
EQUALITY
We recognize that persons with disabilities may have difficulty participating
in certain Spagoda Spa Experiences. Spagoda encourages the involvement of all
persons in our Spagoda Spa Experiences. To help us meet your needs, we ask that
you inform us of any related disability when the Spagoda Spa Experience is
ordered. For any further questions or comments, please call a Spagoda Customer
Service Representative at 770-405-1040.
AVAILABILITY
Spagoda Spa Experiences should be booked a minimum of 14 days in advance and
further for weekends or holiday periods. While we will make every effort to
meet all your needs, Spagoda cannot guarantee to provide a Spagoda Spa
Experience on a chosen day. Participants will receive a written confirmation by
email of their booking from Spagoda. Please do not make any travel or other
related arrangements until the Spagoda booking has been confirmed.
Spagoda reserves the right to substitute certain elements of the Spagoda Spa
Experience, should those elements become unavailable due to circumstances
beyond our control. We may need to cancel a Spagoda Spa Experience at short
notice due to changes made by Service Providers. Participants will be able to
re-book any Spagoda Spa Experiences canceled by Spagoda.
SPAGODA CERTIFICATE CONDITIONS
The Spagoda Certificate is proof of payment. The Certificate Number and
Redemption Reference found on the Spagoda Certificate will be used to identify
recipients in communications with Spagoda. Spagoda Certificates are
non-replaceable and must be presented intact on the day of the Spagoda Spa
Experience.
Spagoda Certificates can be redeemed for service from the Issue Date. Spagoda
Certificates are valid until the Expiration Date printed on the back of the
Spagoda Certificate. If you have any questions regarding the Issue Date,
Expiration Date or Redemption Date, please contact Spagoda Customer Service at
770-405-1040
SPAGODA CERTIFICATES
Spagoda Certificates valid for a specific Spagoda Spa Experience may be
exchanged prior to booking. Spagoda reserves the right to impose an
administration fee in such cases. The new Spagoda Spa Experience will have the
same expiration and redemption dates as the original Spagoda Certificate.*
COMPLAINTS
Problems with the Spagoda Spa Experience are best rectified on the day.
Therefore, if there are any problems or complaints, please notify the Spagoda
Service Provider immediately so they have the opportunity to address the
issue(s).
OTHER TERMS AND CONDITIONS
Spagoda is independently owned and operated. Spagoda Service Providers are
individually responsible for their health and safety standards and operating
practices. Spagoda therefore makes no guarantees of the consistency or efficacy
of individual Service Providers.
Spagoda accepts no responsibility and shall not be liable for any loss, injury,
claim, cost, damage, or any special, exemplary, punitive, indirect, incidental,
or consequential damages of any kind, whether based in contract, tort, strict
liability or otherwise which arises out of or is in anyway connected with (a)
the use and redemption of this certificate or (b) the performance or
nonperformance by any Service Providers even if all parties have been advised
of the possibility of damages. Spagoda shall under no circumstances be liable
for any delay or failure in performance resulting directly or indirectly from
acts of nature, forces or causes beyond its reasonable control.
By exchanging the Spagoda Certificate or ticket, the participant accepts all
Terms and Conditions stated at the time of service and releases Spagoda from
any and all liability for any loss, injury, claim, cost or damage directly or
indirectly connected with the chosen Spagoda Spa Experience.
If any provision of this Agreement is found to be invalid or unenforceable in
any respect, the validity and enforceability of the remaining provisions shall
not be affected. All clerical errors are subject to correction. The failure of
Spagoda to enforce at any time any of the provisions of the Agreement shall not
be construed to be a waiver of such provisions or the right of Spagoda to
enforce such provisions in the future. Purchaser may not assign any rights
under this Agreement without the written consent of Spagoda. Purchaser shall
have no right to set off amounts due with respect to one transaction for claims
under any other transaction with Spagoda
Any disputes arising under this Agreement shall be resolved, if not sooner
settled, by a state or federal court of competent jurisdiction located in
Georgia, U.S.A. , and the Purchaser hereby irrevocably submits to the exclusive
jurisdiction of such courts. These Terms and Conditions are subject to change
without notice.
Definitions
Purchaser
The person who completes the financial transaction with Spagoda. An electronic
receipt will be provided to the purchaser at the time of the transaction.
Service Provider
Any corporation, individual or group of individuals designated by Spagoda
engaged in the provision of Spagoda Spa Experiences or related materials.
Recipient
The person or persons designated to participate in the Spagoda Spa Experience
by the purchaser.
Participant
The person who participates in the Spagoda Spa Experience.
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