The Spa Dr. Terms & Conditions

Effective as of March 2024

1. GENERAL

The following terms and conditions (the “Terms”) apply to all orders and any other services (collectively the “Services”) requested or placed by the client (hereinafter referred to as “you” or “users”) with The Spa Dr. (hereinafter referred to as “The Spa Dr.”, "us" or “we”), at The Spa Dr.’s website (https://thespadr.com), The Spa Dr. mobile applications, via telephone and/or any other websites or applications that direct the user to these Terms (jointly, the “Site”). The terms “The Spa Dr.” “we” and “us” refers to Eurofina S.A. and its subsidiaries and affiliated companies, including but not limited to, The Spa Dr., LLC and Overnel S.A.

Please note that by using the Site you agree to be bound by these Terms. Therefore, if you disagree with any part of the Terms then you should stop using the Site immediately. Please make sure you have read and understood the Terms before placing your order. These Terms apply to all visitors, users and others who access or use the Site.By using the Site, you also agree to be bound by our Privacy Policy, our Refund Policy and any additional terms and conditions and/or policies that may apply to specific sections of the Site or to products and services available through the Site or from The Spa Dr.

In order to be able to use the Site, you must be at least 18 years old or have the consent of your parents or guardians to use the Site. The Site is not intended for users who do not meet these requirements. Therefore, you hereby state that you are at least the minimum age required or that you have such parental or guardian consent and that you have read, understood, and agreed to comply with these Terms. If this is not the case, you may not use the Site.

We reserve the right to amend or update these Terms (as well as any other policy in the Site) at any time without prior notice, by uploading a new version on the Site. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, your continued use of the Site, constitutes your agreement with and consent to abide by any posted amendments to the Terms.  If you do not agree to, or cannot comply with the Terms as modified, you must stop using the Site immediately.

You agree that The Spa Dr. may send (although not obliged to), electronic communications to you in order to advise you of any change to the Site, about any of The Spa Dr's products or services, or for any other purpose that The Spa Dr considers appropriate (please read the Privacy Policy below).

You agree not to act in a manner or employ any device that may restrict other users from using the Site, or which may negatively affect the security of the Site. You should not use any device to copy content from the Site. The Spa Dr. reserves the right to deny access to the Site to any user who breaches these provisions or any other provision in these Terms.

2. COMPLETING ORDERS AND EXECUTION OF A CONTRACT

By placing and completing an order, you are offering to purchase a product subject to these Terms. Please be aware that all orders are subject to availability and confirmation of payment. The Spa Dr. reserves the right to refuse any order made by you.

When completing an order, you are stating the following: (i) that all the information you provide to us is true and accurate; (ii) that you are at least the minimum age required by these Terms or that you have the parental consent required; (iii) that you are an authorized user of the credit card, PayPal account or other payment method accepted by The Spa Dr. used to place your order; and (iv) that there are sufficient funds to cover the cost of the products ordered.

When you complete an order, we will check if there are sufficient funds to complete the transaction and if successful, you will receive an e-mail confirming receipt of your order. A contract between you and us for the purchase of the products ordered will be created upon approval of your payment and we have debited the corresponding amount from your credit card, PayPal account or other payment method accepted by The Spa Dr. Please note that no product will be shipped until payment has been made in full. You will be able to review your order at any time through My Account.

Please check the details of both emails received very carefully. In case you detect any errors or inconsistencies you must reach out to us via our Contact Us page.

3. DELIVERY AND SHIPPING INFORMATION

The Spa Dr. will make its corresponding efforts to deliver your order to the shipping address within the period indicated below (only if such address is within the limits of delivery of The Spa Dr.).

Please be aware that we are unable to change the delivery address once the order has been placed. Please note that any changes you make after placing an order will not take effect immediately and will not apply to orders already completed.

The Spa Dr. endeavors to ship orders within the following time period: Standard delivery: 4-8 business days; Priority delivery: up to 4 business days. However, delivery may take longer due to unexpected events or delays resulting from postal issues or force majeure events, or due to any other reasonable situations, foreseeable or not. The Spa Dr. will not be liable in these cases. In the event that your delivery date is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date, in such cases The Spa Dr. shall not be liable for late delivery.

At this time, our international shipping services are exclusively available for Canada-bound orders. Regrettably, we do not facilitate shipments to other international destinations. Please note that orders within Canada may experience a delivery period of up to 4 weeks.

If your order does not arrive by the delivery date, please contact The Spa Dr. Customer Service team through our Contact Us page.

4. PRODUCT DESCRIPTION, POTENTIAL ERRORS AND INACCURACIES

There may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions or availability. In all cases, errors are absolutely unintentional and The Spa Dr. will not be liable for them.

We make no representation regarding the completeness or accuracy of any information we post on the Site. In this regard, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

We reserve the right to refuse to fill any orders that you may place based on information on the Site that may contain errors or omissions, including, without limitation, errors or outdated information regarding prices, shipping and payment conditions, or return and exchange policies. In case we refuse to fill an order placed by you, if your card or your PayPal account or other accepted payment method has already been charged for the purchase and your order is cancelled, we will refund the applicable amount using the same method you used to make the payment.

The risk of loss and title for all products purchased by you and shipped by us will be transferred to you once we deliver the products ordered to the shipping address.

5. PRODUCT AVAILABILITY

The Spa Dr. products displayed at the Site may be offered in limited quantities, this means that once an item is sold out, it is possible for it not being offered again by The Spa Dr. and therefore it may not appear on the Site again. The Spa Dr. undertakes no obligation to restock such sold-out items. When a product that appears on our Site is no longer in stock, we will make every attempt to remove that product from the Site in a timely manner. However, there may be some days of delay in the removal of a product that is not anymore available. The Spa Dr. will not be liable in any way for such delays.

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, we will give you an estimated date of when the product is expected to be back in stock. Alternatively, you will have the right to cancel your order and receive a refund from us in case your credit card or your PayPal account has already been charged.

6. RETURN AND EXCHANGE POLICY

At The Spa Dr., we want you to be completely satisfied as we hold our products to the highest standards. This Return and Refund Policy outlines our procedures for returns, refunds, and subscription changes.

One Time Purchase (OTP) Orders:

For One Time Purchase orders, we offer a 30-day satisfaction guarantee. This means you have 30 days from the date of shipment to evaluate your product. If it doesn't meet your expectations, simply initiate a return request via our Contact Us page.

Subscription (Subscribe & Save) Orders:

For the first order created under the subscription, you are eligible for a 30-day satisfaction guarantee. This means that from the date of order shipment, you have 30 days to assess the product and decide if you are satisfied with your purchase. If you are dissatisfied with the product, you can initiate a return request.

No Returns or Exchanges After 30 Days

After the initial 30-day guarantee period, no returns or exchanges will be accepted for Subscribe and Save and One Time Orders. We do not accept any returned products, except for products that arrive to you damaged as established below.

Defective Products

A product is considered defective if it arrives damaged. If you received defective products, reach us through our Contact Us page within 15 business days of delivery. Replacement will be arranged after evaluation.

Refunds

Refunds typically show up in your account within 5-10 business days. If it hasn't appeared after 10 days, reach out to your bank. If they can't find the refund, reach out to us via the Contact Us page immediately.

7. PRICING AND PAYMENT INFORMATION

7.1. Currency.

Prices may be displayed in your selected currency for your convenience, but in all cases your card will be charged in US Dollars which is the default currency. Prices will be converted to US dollars at an exchange rate of the moment of the transaction. As reference, the source for determining the Exchange rate shall be taken from a serious and trustworthy reference source chosen by the hired payment service provider which may slightly differ from the official exchange rate valid in your country. 

Note that depending on your card´s local currency, your bank or credit card company may assess additional fees, which may increase the overall cost of your purchase. Please contact your bank regarding these fees. The Spa Dr. is not responsible for any such fees and disclaims all liability in this regard.

7.2. Cross-border fees

Extra fees may appear on your bank statement, or the amount charged may differ from what appeared on the The Spa Dr. checkout page. Please contact your credit or bank card issuer regarding this situation. If your bank considers a The Spa Dr. processing entity as international, you may be charged cross-border fees by your bank even if the charge was processed in the original currency of your payment method. If the fees were added by your card-issuing bank, The Spa Dr. will not refund them.

7.3. Shipping Fees

All prices listed on the Site exclude shipping fees which are added to the total cost of the order during the order process, but before you click on the “Complete order” button. 

7.4. Payment Methods

We accept the following payment methods: (1) Paypal; (2) Amazon Pay; (3) Credit and debit cards (VISA, Mastercard, Diners Club, American Express, JCB and Discover Network). However, The Spa Dr. reserves the right to amend or stop offering any of the payments methods currently used.

7.5. Import duties and taxes.

Please note that orders being shipped may be subject to import duties and taxes. You will be liable for all import duties and taxes due at the point of or after delivery. The Spa Dr. does not have any control over these fees. Please contact your local customs office for further information.

7.6.- Billing information.

Regarding the billing information, you provide The Spa Dr. and its third party payment processors express authorization to charge the amounts indicated in your order. Failure to provide accurate billing information or falsifying the billing information may result in termination of your order and termination of your right to use the Site. The Spa Dr. reserves the right to update your information from available third party sources. The terms of your payment method may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If The Spa Dr. does not receive payment form your payment provider, you agree to pay all amounts due on your account upon demand. Otherwise, we reserve the right to delay delivery of the items selected until payment or to cancel your order.

You are responsible and liable for any costs, expenses and fees that The Spa Dr.may incur in order to collect balances due. This provision does not limit any other remedies available to The Spa Dr. In case you need help regarding billing issues, please reach out to us via our  Contact Us page.

8. PRIVACY POLICY

Our Privacy Policy, which you can read here, describes how we may collect, use and disclose your personal information.  It also describes related rights and choices you may have. By using the Site, you acknowledge that you have read and understand our Privacy Policy.

9. INTELLECTUAL PROPERTY

All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks and copyrights at the Site are the exclusive property of The Spa Dr. and its subsidiaries or licensors, or of the third party which has granted a license to The Spa Dr. for its use in the website. Any use of the Site or its contents (other than for your own personal, non-commercial use) is strictly prohibited without the prior written authorization of The Spa Dr. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.

Consequently, none of the content of the Site may be copied, reproduced or shared in any form or used by any means, without the prior written authorization of The Spa Dr. or the corresponding licensor.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for  us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to The Spa Dr. from their creation. Thus, The Spa Dr. shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as The Spa Dr. determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to The Spa Dr. all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.  

You acknowledge that The Spa Dr. has the right but not the obligation to use and display any postings or contributions of any kind and that The Spa Dr. may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Disclaimer of Warranties

This Site and all The Spa Dr. content, information, products and third party content made available to you through the Site, including the products sold at the website, are provided on an “as is” and on an “as available” basis. Therefore, to the extent permitted by law, The Spa Dr. disclaims any and all warranties of any kind, whether express or implied, as to quality, accuracy, completeness or validity of the products or its descriptions, nor of the content of the Site, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. The Spa Dr. does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and The Spa Dr. does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from The Spa Dr. or any materials or content available through the Site will create any warranty regarding The Spa Dr., products, or the Site that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Site, the products, or their packaging. You understand and agree that you use any portion of the services and products at your own discretion and risk, and that we are not responsible for any damage to you or your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content. The limitations, exclusions and disclaimers in these Terms apply to the fullest extent permitted by law. company does not disclaim any warranty or other right that The Spa Dr. is prohibited from disclaiming under applicable law.

We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this Site or on Third-Party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

By using the Site, you are acknowledging that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any device you use in connection with your use of our Site, and that The Spa Dr. will not be liable for any damages of any kind related to your use of this Site.

You agree that, at any time, we may remove products or access to the Site for unlimited periods of time or cancel the Site at any time, without prior notice.

Throughout the Site, we may provide links and pointers to Internet sites, outside services and resources maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. The Spa Dr. hereby states that it has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not The Spa Dr.. Neither The Spa Dr. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, The Spa Dr. neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized The Spa Dr. representative while acting in his/her official capacity.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The Spa Dr. shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Limitation of Liabilities

To the full extent permissible by law, in no event The Spa Dr., its subsidiaries, parent company and/affiliates and/or its officers, directors, employees, shareholders or agents, will be liable for damages of any kind arising from the use of the Site, or from any information, content, materials, products or other services included on, or made available to you, through the Site (including our messaging, blogs, comments of others, books, emails, products or services, or third-party materials, products or services made available through the Site or by us in any way),  including, but not limited to direct, indirect, incidental, punitive, and consequential damages (even if we are advised beforehand of the possibility of such damages), or any damages that result from errors, omissions, disruptions, deletion of files or emails, imperfections, viruses, delays of any time or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorized access to The Spa Dr.’s records, programs or services; and be liable to the users for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of users’ personal information, or the inability to use the Site.

In case The Spa Dr. breaches these Terms, we shall only be liable for losses or damages which are a reasonably foreseeable consequence of such breach, or of our failing to use reasonable care and skill; but we will not be responsible for any loss or damage that is not foreseeable. In no event, whether as a result of breach of contract, warranty, condition, tort, strict liability, statute or otherwise shall either party be liable to the other for any special, consequential, incidental, or indirect damages. In all cases The Spa Dr.’s liability would be limited to the total price of your order as it is stated below.

You understand that you are personally responsible for your behavior while using the Site and agree to indemnify and hold harmless The Spa Dr., including its officers, directors, employees, agents and licensors from and against claims of any kind that these may incur in connection with a third party claim or otherwise, arising out of or related to your unauthorized use of the Site or its content, your violation of these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release The Spa Dr., including its officers, directors, employees, agents and licensors from any and all claims or liability related to your unauthorized use of the Site or its Content, or non-compliance of these Terms. 

The Spa Dr. will not be responsible for any material or manufacturing faults in products that we have supplied, or in the packaging of such products, including damage incurred in transit, but only for breaches in its capacity as seller of the products. Please note that The Spa Dr. is not the manufacturer of the products, and any liability related to manufacturing, including damages that may be caused by the products, shall be the exclusive responsibility of the manufacturer. The Spa Dr. shall also not be liable for any damages caused by the packaging of the products.

In all cases, without prejudice of the limitations included above, The Spa Dr.’s responsibility for any loss or damage will be limited to the total price of your order. Additionally, you agree that any claim you may have arising out of or related to your relationship with The Spa Dr. must be filed within one year as from the date such claim arose. Otherwise, your claim shall be permanently barred.

 

The products and content on this website have not been evaluated by the United States Food and Drug Administration and are not approved, nor intended in any way to diagnose, treat, cure, or prevent any diseases, or to affect any structure or function of the skin or body. Information contained on this website (including customer product reviews) is for informational and educational purposes only.

Our products are meant solely for your skincare and beauty needs and the information provided has been collected from other sources to inform you about the possible benefits of its ingredients. The products and information provided here (including customer reviews and/or customer ratings) are not medical products and are not medical advice, and we make no medical claims. They are also not a substitute for any prescribed medication by your physician.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE, THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. 

IF YOU ARE PREGNANT, HAVE A MEDICAL CONDITION OR DISEASE, PLEASE CONTACT YOUR PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Individual customer experiences with our products may vary with respect to effectiveness, timing for achievement of results, and potential adverse reactions. Such results may depend on, by way of example, skin type, sensitivity, age, skincare history and how the product is actually applied. Results similar to those expressed in customer reviews are not guaranteed.

Each product description on our website includes a complete list of ingredients. We are not responsible for any individual reaction to any particular ingredient. While our products do not contain common allergens like soy, gluten and peanuts, some of our products are not suitable for nut allergy sufferers as they contain nut oils and butters including, but not limited to, almond, argan kernel, coconut, and apricot kernel. In addition, some of our products contain other known allergens as citral, limonene, linalool and oats.

You should exercise caution when using our products for the first time (for example a patch test) or consult your physician. If you are allergic to any of the ingredients listed in any of our products, for your own safety we recommend that you do not purchase or use any such products. Seek medical advice if you suffer from skin allergies, are allergic to any listed ingredient or have medical concerns about using a product.

All of our products are for external use only and must be used in accordance with the directions for use. You should use our products in accordance with the period after opening.

By purchasing our items, you are fully aware of our disclaimers and use products at your own risk. We are not responsible for any individual reaction to any particular ingredient, or any adverse consequences and/or damages resulting directly or indirectly from the use of our products. We also assume no responsibility or liability for any direct, indirect, or consequential damages that may result from the use or reliance upon the information provided. Please contact your medical provider or a doctor immediately if you believe you have a medical emergency or problem.

Our company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price or replacement of our product, as indicated in our Refund Policy. All remedies are limited to the United States and we do not provide a return-shipping label. All products must be returned to us paid by the customer to receive a full refund.

You agree at all times to defend, indemnify and hold harmless The Spa Dr. its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant  set forth herein.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

The Spa Dr. may host message boards, chats and other public forums on its Sites. Any user failing to comply with these Terms may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. the Spa Dr. or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by The Spa Dr. staff, The Spa Dr.'s outside contributors, or by users not connected with The Spa Dr., some of whom may employ anonymous user names. The Spa Dr. expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of The Spa Dr. or any of its subsidiaries or affiliates.

The Spa Dr. has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our  Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.

Other

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by The Spa Dr. infringe your copyright, you, or your agent may send to The Spa Dr. a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon The Spa Dr. actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to The Spa Dr. a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notice of claims of copyright infringement or counter notices can be sent to legal@thespadr.com.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements.

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to legal@thespadr.com with the subject line “Legal Notice.”

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read the following Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process 

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 1209 Orange Street, Wilmington, Delaware 19801. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules

Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality

All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive

Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival 

This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration

For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California.

Subscribe and Save Terms & Conditions

These Terms and conditions (“Terms”) apply between the client (hereinafter referred to as “you” or “users”) and us and govern our respective rights and obligations in relation with The Spa Dr.’s “Subscribe and Save” program (the “Program”). The terms “The Spa Dr.” “we” and “us” refers to Eurofina S.A. and its subsidiaries and affiliated companies, including but not limited to, The Spa Dr., LLC and Overnel S.A..

Please note that your use of the thespadr.com website and subscription to the Program are also governed by all other applicable terms, conditions, limitations, and requirements on the thespadr.com website, including The Spa Dr.’s Privacy Policy.

If you sign up for The Spa Dr.’s Subscribe and Save program, you accept these terms, conditions, limitations and requirements.

By opting in to or participating in the Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

If you have any questions about these Terms, please reach out to us via our Contact Us page.

     1. GENERAL

Our convenient "Subscribe and Save" Program is the best way to make sure you never run out of your daily essentials of The Spa Dr. products.  

The Program is available only for customers located in the United States of America.  Participation in the Program and the benefits of the Program are offered at the sole discretion of The Spa Dr. Eligible customers may subscribe to the Program online at thespadr.com. Eligible customers who subscribe to the Program are referred to collectively in these Terms and Conditions as "Subscribers," and individually as a "Subscriber”.

After you sign up, we will ship your selected supply of The Spa Dr.® products according to the frequency determined by you (i.e. every 4, 6 or 8 weeks) from the date of your first order. With this easy auto-ship system, you will continue to receive your supply of The Spa Dr.® Daily Essentials in accordance with the selected frequency for as long as you stay a subscriber of our Program.

The credit card you provided when you placed your initial order will be automatically charged the Subscribe And Save price when each new order is processed. 

     2. ACCOUNT REGISTRATION; ACCOUNT USE:

1) Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.

2) Security of Your Account. You agree to notify The Spa Dr. immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by The Spa Dr. or a third party due to someone else using your account, unless such use is due to The Spa Dr.’s willful misconduct.

3) No Obligation to Retain a Record of Your Account. The Spa Dr. has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

     3. Prices

Prices will be based on the items selected by the customer to be included in the cart and be shipped within the selected frequency.

The Spa Dr. may, in its sole and absolute discretion, change the prices for the products (as well as any discounts that may be offered at The Spa Dr.’s discretion) at any time. If all eligible payment methods we have on file for you are declined for payment for your shipments, you must provide us a new eligible payment method promptly or your subscription will be canceled. 

We accept the following payment methods: (1) Paypal; (2) Amazon Pay; (3) Credit and debit cards (VISA, Mastercard, Diners Club, American Express, JCB and Discover Network). However, The Spa Dr. reserves the right to amend or stop offering any of the payments methods currently used.

     4. Adding/Removing an Item from the subscription

To modify your subscription by adding or removing items from the subscription, please reach out to our Customer Care team directly through our Contact Us page. Our team will assist you in making any necessary changes to your subscription, including adding or removing items. Any adjustments you request will be promptly processed, and the subscription price will be updated accordingly.

Please note changes typically take 24-48 hours to be fully processed. To ensure modifications are applied before your next order, please contact us at least two (2) business days prior to your scheduled payment date. If you have any questions or need further assistance, don't hesitate to reach out to us.

     5. Subscriptions automatically renew

UNLESS YOU NOTIFY US AT A MINIMUM 2 DAYS BEFORE YOUR NEW ORDER IS DUE TO BE PROCESSED BY FOLLOWING THE PROCEDURES INDICATED IN SECTION “CANCELLATION POLICY” BELOW THAT YOU DO NOT WISH TO AUTO RENEW YOUR SUBSCRIPTION, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR SUBSCRIPTION TO THE PROGRAM WILL AUTOMATICALLY RENEW FOR ANOTHER PERIOD CORRESPONDING TO THE SHIPMENT FREQUENCY YOU CHOSE, AND YOU AUTHORIZE THE SPA DR. (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT AND CHARGE THE THEN-APPLICABLE FEES CORRESPONDING TO THE PRODUCTS YOU HAVE SELECTED AND ANY APPLICABLE TAXES, USING ANY CREDIT CARD THAT THE SPA DR. HAS ON FILE FOR YOU.

     6. Subscription Frequency

You have the flexibility to adjust the frequency of your subscription deliveries from our options of 4, 6, or 8 weeks. This can be done in two simple ways:

1. Contact Us: Reach out to us via our Contact Us page, and our team will assist you with changing the frequency of subscription deliveries promptly.
2. My Account: Alternatively, you can log in to your My Account and follow these steps:
1. Click on 'LOG IN' to access your account.
2. Navigate to 'My Subscriptions' and select the subscription you wish to update the frequency.
3. Click on 'Manage Subscription'.
4. Select the frequency that you would like to have.
5. Click on Save.

Frequency updates may take up to 48 hours to process. To ensure a smooth transition, kindly initiate the request at least two (2) business days before your next payment. This proactive step will prevent new orders from being generated before the frequency change takes effect.

     7. Skipping an order

Skipping your next order allows you to temporarily delay your next scheduled delivery. Simply Contact Us and our Customer Care team will process it for you.

 

It may take 24-48 hours for the change to be completely processed. If you wish to process the change before a new order is created, reach us through our Contact Us page at least two (2) business days before your next payment is collected. The subscription automatically resumes its regular delivery schedule after the skipped cycle.

     8. Cancellation Policy

A. Cancelling Subscriptions

Cancelling your subscription is easy and can be done at any time in two simple ways:

1. Contact Us: Reach out to us via our Contact Us page, and our team will assist you with processing your cancellation promptly.
2. My Account: Alternatively, you can log in to your My Account and follow these steps:
1. Click on 'LOG IN' to access your account.
2. Navigate to 'My Subscriptions' and select the subscription you wish to cancel.
3. Click on 'View Options'.
4. Choose 'Cancel Subscription'.
5. On the following page, you'll have the option to review additional choices. If you're sure about cancelling, select 'Cancel Subscription' at the bottom and indicate the reason for cancellation.
6. Confirm your cancellation by clicking 'Confirm'.

It may take 24-48 hours for the cancellation process to be fully completed. To ensure a smooth transition, please initiate the cancellation of your subscription at least two (2) business days before your next payment is scheduled to be collected. This will prevent the generation of any new orders.

Please be aware that cancelling your subscription will impact future orders only and will not affect any current orders that are already in progress.

You must complete cancellation within the timeframes stated in these Terms for your cancellation to be effective. There are no cancellation fees. Canceling your account does not result in a refund of amounts already paid or stop a pending charge, but will go into effect for the next billing cycle.

B. Cancelling Orders

You can cancel your Subscription (Subscribe & Save) Order as follows 

Initial Subscription Order (Subscribe and Save)

After placing your order, Orders can be changed or cancelled by our Customer Support Team for up to (1) hour after it’s placed. After the hour passes, we can no longer cancel or edit the order. Our team is committed to getting your products out to you as soon as possible.

If your order is already processed, we suggest you try your products first. Should you find yourself less than fully satisfied with your purchase, please reach out to us via our Contact Us page and we'll help you.

Recurring Subscription Order (Subscribe and Save)

We will be sending an email notification regarding your upcoming shipment 5 days before the Order charge date. If you wish to cancel your subscription, you may log in to your My Account or you may reach out to us via our Contact Us page, in either case at least 2 business days before your next payment is collected. This allows us to prevent the charge and avoid generating a new order.

If you request cancellation beyond the 2-day window, and a new order was already created, we can no longer cancel the order. However, your subscription will be terminated, and no new orders will be generated.

     9. Changing your subscription

You can easily manage changes to your subscription following through your My Account, including changing order frequency, updating shipping addresses, changing your name as it appears on your My Account and cancelling subscriptions.

If you need to make other changes such as skipping a delivery, changing items in your subscription, changing your payment method, or updating your billing address, please reach out to us via our Contact Us page, and we'll be happy to assist you further.

Currently, we do not have the option to update the payment method for your subscription. We apologize for any inconvenience this may cause. Our team is actively working on implementing this feature to improve your experience with us. In the meantime, please feel free to reach us via our Contact Us page to let us know your concern and we will do our best to help you.

     10. Other Benefits of the Program:

Other benefits of the Program includes: (1) Complimentary Call with a Skin Expert; (2) Free Shipping on All Orders; (3) Monthly VIP Discounts.

     11. Marketing and e-mail communication

Unless you expressly opt-out, by joining this Program, you, to the extent permitted by applicable law, automatically subscribe to The Spa Dr.’s marketing and e-mail exclusives and will receive, and agree to receive, promotional mail and emails from The Spa Dr. and its affiliates. Unsubscribing from The Spa Dr.’s marketing and/or email exclusives will not discontinue your subscription. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by either clicking the option “Unsubscribe” in the email you received or reach out to us via our Contact Us.

     12. Changes to the Terms

We may, in our discretion, change these Terms, or any aspect of the Program without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

     13. Termination.

We may terminate your subscription to the Program at our discretion without notice. We reserve the right to determine, in our discretion, if any conduct incurred by you violates these Terms or any applicable law, involves fraud or misuse of the Program, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

     14. Disclaimers; Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (C) THE SPA DR. AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "PROGRAM PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (I) THE PROGRAM WILL MEET YOUR REQUIREMENTS; (II) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE PROGRAM WILL MEET YOUR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW; (Y) PROGRAM PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR SUBSCRIPTION, YOUR PARTICIPATION IN, YOUR SUBSCRIPTION IN AND/OR THE TERMINATION OF YOUR SUBSCRIPTION IN, THE PROGRAM; AND (Z) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PROGRAM DATA; OR (IV) ANY OTHER MATTER RELATING TO THE PROGRAM OR YOUR SUBSCRIPTION.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: THE MAXIMUM COLLECTIVE LIABILITY OF THE PROGRAM PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE FEES ACTUALLY PAID BY YOU TO THE PROGRAM PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE PROGRAM IN THE PREVIOUS (1) MONTH. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements.

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to legal@thespadr.com with the subject line “Legal Notice.”

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read the following Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process 

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Program that cannot be resolved informally will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 1209 Orange Street, Wilmington, Delaware 19801. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules

Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

Any and all claims and disputes within the scope of this Dispute Resolution section and/or resulting from and/or relating to the Program must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality 

All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of these Terms will continue in full force and effect.

Right to Waive

Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival 

This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration

For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California. 

Intellectual Property

All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks and copyrights at the Site are the exclusive property of The Spa Dr. and its subsidiaries or licensors, or of the third party which has granted a license to The Spa Dr. for its use in the website. Any use of the Site or its contents (other than for your own personal use) is strictly prohibited without the prior written authorization of The Spa Dr..

Consequently, none of the content of the Site may be copied, reproduced or shared in any form or used by any means, without the prior written authorization of The Spa Dr. or the corresponding licensor.

Customer Support Team contact information

Our team can provide personalized assistance for your purchase, if you are having trouble logging into your account, or if you need any further assistance. Kindly reach us through our Contact Us page. and our Customer Care Team will assist you.