|

Acceptance of Terms
Welcome to SpaAsia.com (the “Site”). The following sets forth the basic terms and conditions which govern your use of and purchase of products from our Site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this Site constitutes your agreement to follow and be bound by these terms, which may be updated from time to time without notice to you. Your use of our Site after such a change constitutes acceptance of the most current version of this Agreement. If you do not agree with any part of the following terms and conditions, you must not use our Site or purchase products from our Site.
Ownership, Copyright, and Trademark Matters
This Site is owned and operated by SpaAsia.com, a subsidiary of Wellness Media Pte. Ltd. Unless otherwise stated, all of the content contained on the Site, including, but not limited to, text, descriptions, graphics, images, designs, logos, icons, audio clips, digital downloads, software, and other content (collectively, "Web Site Content") is the intellectual property of Wellness Media Pte. Ltd. or its subsidiaries (collectively, “Wellness Media”) and is intended only for use on our Site. Accordingly, Wellness Media owns the copyright in all information or materials provided here unless stated otherwise. Users of this Site may download and print one (1) copy of the Web Site Content onto a single computer for personal, non-commercial use. No right, title, or interest in any downloaded materials is transferred to users as a result of any such downloading or printing. Unless as explicitly stated below, no material from this Site may be copied, reproduced, modified, used, republished, uploaded, posted, transmitted, sold, exploited in any way, in part of in whole, or distributed in any manner or form.
The trademarks and service marks ("Trademarks") used or displayed on this Site are registered and unregistered Trademarks of Wellness Media, unless otherwise noted. Nothing in this Site should be construed as granting – by implication, estoppel, or otherwise – any license or right to use any Trademarks displayed on the site without the prior written permission of Wellness Media or the trademark owner. The name "Wellness Media" or “SpaAsia” or "SpaAsia.com" or Wellness Media or SpaAsia's logos may not be used in any way without Wellness Media's prior written consent. You may not use Wellness Media or SpaAsia’s logos as a "hot" link to any other site unless the establishment of such a link is approved by Wellness Media in advance and in writing.
Content
Any materials submitted by users of our Site, including but not limited to e-mail, articles and traditional mail become the sole property of Wellness Media. Submitting content to this Site that is, or may be, illegal, threatening, obscene, harassing, defamatory or injurious to third parties is prohibited. Wellness Media will not tolerate solicitations, spamming, chain letters or software viruses on the Site. Content submitted by users of the site might be posted in whole or in part to SpaAsia.com. Wellness Media reserves the right to edit materials presented by users.
Product Detail
Description – Products are described as accurately and appropriately as possible so that a customer understands the product they are ordering.
Color – Colors are represented as realistically as possible, but please note that software, hardware and Internet connections can alter the appearance of colors, and these reasons occur outside of Wellness Media’s control. If you are unsatisfied with a product, your sole remedy will be to exchange the product for another item of equal or lesser value.
Corrections
Although every effort is made to ensure the accuracy of product and price information, errors do occasionally occur. Wellness Media reserves the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause. If you are not completely satisfied with your purchase, you may exchange it for another item of equal or lesser value.
Responsibility and Age
Your password may be used only to access the Site, use the Services, electronically sign your transactions, maintain inventory control and review the transaction history for your products. You are solely responsible for maintaining the security of your account information, your password and your login information. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
Privacy
Please review our Privacy Policy, which also governs your visit to SpaAsia.com, to understand our practices.
Risk of Loss
All items purchased from SpaAsia.com are made in accordance with a shipment contract. This means that the risk of loss and title for such items transfer to you upon our delivery to the carrier.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION YOU FIND ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
You specifically acknowledge that Wellness Media is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and Wellness Media reserves the right to remove such materials from this Site without liability.
Under no circumstances, including, but not limited to, negligence, shall Wellness Media be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if Wellness Media or a Wellness Media authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Wellness Media’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Shipment Disclaimer
Wellness Media (and its agents and employees) are not liable for any loss or damage of shipment arising out of circumstances beyond Wellness Media’s control. These include but are not limited to: “Act of God” – e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” – e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment; riot or civil commotion; any act or omission by a person not employed or contracted by Wellness Media e.g. Shipper, Receiver, third party, customs or other government official; industrial action and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
Medical Disclaimer
Wellness Media is not a medical referral service, and does not recommend or endorse any particular medical or wellness treatment of any kind. Wellness Media does not offer advice regarding the suitability or appropriateness of any medical or wellness treatment for any medical condition. Neither this Web Site nor any of the information contained herein is intended to be, nor should it be construed as, a substitute for professional health or medical advice. Wellness Media (including its officers, directors, employees, agents, representatives and affiliates) expressly disclaims all responsibility and liability arising from (a) your use of or reliance on the Web Site or the information contained herein as a medical reference source, (b) any advice, treatment, or services rendered by any third party provider, partner or affiliate featured on this Web Site, or (c) any claims that may result directly or indirectly from your use thereof. Should you have any medical or health care related questions, or if you have any reason to suspect that you have any condition that might require medical attention, Wellness Media advises you to seek appropriate medical attention and care promptly. Always consult with your physician or qualified health care professional before embarking on any new treatment, diet, fitness or wellness programme.
General Release
Because Wellness Media is not involved in transactions between Buyers and Merchants or other participant dealings, and because the contents of all products are the sole responsibility of the Merchants, if a dispute arises between one or more participants, each of you releases Wellness Media (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Applicable Law; Contract Interpretation
These terms and conditions and their performance shall be governed by the laws of the Republic of Singapore, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in Singapore, in all questions and controversies arising out of your use of this site and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Indemnity
You agree to defend, indemnify, and hold harmless Wellness Media, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of this Site or your breach of the terms of this Agreement. Wellness Media shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Dispute Resolution
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Singapore. You expressly waive and are estopped from asserting any right to pursue any claim against Wellness Media relating to this Agreement in any forum or venue located outside of Singapore, in the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Singapore, at Wellness Media’s sole discretion.
Other Sites
This Site may contain links to other Web sites that are provided solely as a convenience to you and not as an endorsement by Wellness Media of the contents of such other Web sites. Wellness Media is not responsible for the content of linked Web sites and does not make any representations regarding the accuracy or content of the materials on such linked Web sites. If you decide to access linked Web sites, you do so at your own risk.
Modification and Severability
Wellness Media reserves the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
|
|