To partner or work with Spa Index Media, or any of its network of resources, you must agree with the Terms and Conditions of Use Agreement below.
Use of the Site will be taken by Spa Index Media as agreement by the User of the Terms and Conditions set out below.
1.1. This agreement is made between you (“You”) as the user (“User”) and Spa Index Media and constitutes the terms and conditions in respect of your access to any and all networked websites operated by Spa Index Media (“the Sites”) and the use of materials and information management services (“the Services”) available to users of the Site. Any use of this Site as a registered User will constitute acceptance of these Terms and Conditions. The Sites may include SpaIndex.com, SpaIndexMedia.com, SpaDealsHQ.com, SpaFlyer.com, SpaCast.com, and such other sites as may be added to the network. The Terms and Conditions apply to all sites as appropriate.
2. Minimum Guidelines and Fees
2.1. To use and access the Site and the Services, You must have paid the fees, if any, (“Fees”) for those Services, as published by SpaIndex.com and updated from time to time, and meet minimum guidelines. You are permitted to access and use the Site for the purpose of facilitating access to the materials and services.
2.2 Minimum Guidelines. SpaIndex.com reserves the right to reject any application for a facility / provider listing if we feel, in our sole discretion, the requesting facility does not meet our minimum guidelines for provision of spa, aesthetic or wellness services or should not be listed on our directory for other reasons, including but not limited to substantial negative press, financial malfeasance, legal concerns, or safety concerns, including fire, health and safety code violations.
2.2.1 Day Spa Minimum Guidelines. We require our “day spa members” to offer a menu service in at least three (3) of the following categories: Aesthetics, Cosmetic (e.g., make up services, permanent cosmetics, lash and brow tints); Aesthetics, Medical (e.g., Laser, IPL, Endermologie, Collagen, Botox, dental whitening); Body Treatments (e.g., wraps, scrubs); Nail Care (e.g., manicures and pedicures, hand and foot soaks, rubs and scrubs with nail care); Massage (e.g., Shiatsu, hot stone, reflexology, Swedish); Hair Removal (e.g., waxing, electrolysis, threading); Hand and Foot Care (e.g., reflexology, foot soaks, rubs and scrubs (no nail care); Holistic Health (e.g., ear candling, colonic hydrotherapy, acupuncture, TCM, pain relief); Hydrotherapy and Sauna (e.g., mud baths, Vichy shower, soaking tubs, mineral bath, sauna, steam); Physical Wellness (e.g., Yoga, exercise, nutrition, personal training, pain relief); and/or Skincare (e.g., facials, peels, dermabrasion, skincare). All applicable licenses must be kept current and best industry practices in place.
2.2.2 MLM spa party plans, including BeautiControl, Avon, MaryKay, or Arbonne, are not the type of “spa experiences” we seek to promote on our directory. We appreciate that these parties may contribute to a pleasant afternoon or evening at home, which we fully appreciate — but not with a membership relationship. Further, we recognize that some independent representatives of these MLM sales companies may indeed be licensed aestheticians and massage therapists, or choose to use these products in a day spa environment. Regardless, if we are asked to list an MLM independent sales representative which has, chiefly, an MLM business plan promoting these brands in a spa party environment, we will respectfully decline to list.
2.2.3 Stay Spa Minimum Guidelines. We require our “stay spa members” (inns, hotels, resorts and retreats with lodging) to offer spa services ON SITE, in either a dedicated spa facility or spa treatment room, or, in the guest room, performed by licensed aestheticians and technicians. On-Site Spa Services should ideally be performed in the hotel’s dedicated spa facility by personnel of the hotel or the on-site leased spa facility, but may also be provided by on-call mobile or contract aestheticians and therapists from outside of the hotel. However, the guest must be able to receive those services in (a) the guest room or (b) a dedicated on-site spa treatment room or facility. Guests must not be required to travel off-site to an unrelated address or a “partner hotel” unless the partner hotel is part of an inclusive village or compound. In that regard, hotels which offer Spa Packages which require guests to travel to off-site day spa partners, operating at a different address, does not qualify as “Spa Hotel” and will not be listed on SpaIndex.com. Exceptions to this policy are made for so-called “resort compounds” which operate multiple styles and types of accommodations, under one banner owner, on one resort property. For example, the grounds may include an Inn, Lodge, Bungalow, Resort, or Condominiums, with access privileges to a shared spa facility on the grounds. Exceptions can also be made if the differing address is merely a separate entrance within the same complex, building, or compound in an urban city block and there is a relationship between the spa and the hotel or resort. All applicable licenses must be kept current and best industry practices in place.
2.2.4 Destination Spa Minimum Guidelines. We require our “destination spa members” to offer a fully supervised and comprehensive health and wellness program, which can include a detox or weight loss program, on the site of a dedicated, professionally managed and administered facility with lodging, educational and nutritional or health programs, meals and beverages, fitness and recreational activities, optional beauty or rejuvenation services, in an inclusive program generally designed for a minimum of 3 days but typically for 7 days or longer. All applicable licenses must be kept current and best industry practices in place.
2.2.5 Wellness Provider Minimum Guidelines. We require our “wellness providers” to offer a fully supervised and comprehensive program or wellness service consistent with the appropriate niche category (yoga, acupuncture, fitness, gyms, threading studios, nutritonists, life coaches) on the site of a well-maintained facility (with the exception of mobile services). All applicable licenses must be kept current and best industry practices in place.
2.3. All payments for services must be made online or telephonically by way of an acceptable credit or debit card using our secure third party payment processor, which processors include Square, PayPal, Blinksale, and/or other processors as may be added or substituted in our sole discretion. Any agreement by SpaIndex.com to accept payments via deposits of bank drafts and checks does not constitute a waiver of this policy.
2.4. SpaIndex.com reserves the right at any time to alter its fee structure. Our fee structure is generally posted on our website, but certain fee structures based on private proposals may not be public. SpaIndex.com reserves the right to adjust any fee structure for a member based on special circumstances, including geography, philanthropy, in-kind services, and similar arrangements.
2.4.1 Almost all listing fees on SpaIndex.com are all-inclusive in that a listing fee includes set up, publication, maintenance, and accounting. We do not charge set-up costs, collect booking or commission fees, earn revenue from gift cards or gift certificates, charge for referrals or charge for user reservation or placement services (personal assistance to users who may contact us for assistance in selecting a spa facility). Advertising fees which are separate and apart from listing fees (banners, promotions, contests) or Featured Status fees when additional seasonal or holiday marketing is requested are quoted separately from listing fees.
2.5 SpaIndex.com listings are for ONE facility with ONE address. Multiple locations should be listed separately to take advantage of best SEO practices and mapping features. Group members enjoy a “group rate” discount quoted at the time of publication. Exceptions to the one-address-per-listing policy are made for those members who prefer to list multiple addresses or locations within one listing, however, the group rate remains the same and no additional savings is offered (the only benefit is “ease of use” in updating one listing version three listings). For this reason, it is preferable that each location be listed separated in order to take advantage of best SEO practices and mapping features. Spa Owners and Operators abusing this policy to avoid listing fees are subject to having listings terminated without refund.
2.6 Payment Methods. USA-based members or members with a credit card issued in the United States may remit by any major credit card using our secure, private payment gateways, which include PayPal, Square, Blinksale, or other third party vendors in use. Members outside of the United States who’s credit card is issued outside of the United States must use PayPal.
2.7 Minimum Listing Period. All member listings on SpaIndex.com are for a minimum one-year (12 month) period although those listings may be subject to installment payment plans. Lesser periods for “seasonal spa resorts” open a portion of the calendar year will be considered on a case-by-case basis, however, our listing fees are competitively priced and are intended for an annual period.
2.8 Installment Plans. All members listings, even if valued at a monthly rate (the “monthly rate”), are typically invoiced on an annual basis, or, if requested, on a quarterly basis (each January, April, July, and October). Special arrangements may be made for monthly payments from a debit card.
2.9 Pro Rata adjusments. Pro rata adjustments can be made for members joining in the middle of a month or quarter.
2.10 Savings Plan. Annual rates are discounted by a set percentage then in effect as a courtesy for those who do not require monthly or quarterly account services.
2.11 Late Fees. Invoices are sent in advance of cancellation whenever possible, but due to the volume of our database, may be sent after the due date for a new listing period. In either case, if a member listing is published (visible to the public), the member has been invoiced for a renewal, no cancellation has been received, and the invoice remains unpaid after 30 days after the first due date shown on the invoice, we reluctantly add a 1.5% monthly late fee for invoices remaining unpaid. Failure to remit payment when due does not constitute cancellation, and fees and late charges will continue to accrue until notice of cancellation has been received. At that time, you remain obligated for the prorata listing period from the date of the invoice to the date of cancellation.
2.12 Returned Checks. For legacy members and marketing partners who may remit by bank check by special agreement, if a check tendered by a member in payment of a listing fee is returned unpaid due to “insufficient funds” or other reasons, we reinvoice based on the following costs: Full Invoiced Amount PLUS $32.00 charge assessed by our banking institution PLUS $150.00 webmaster republication fee if the listing is removed, archived, and republished.
2.13 Charge Back Policy. SpaIndex.com endeavors to assure all invoices are correct and all services are rendered when due. We make sure our name appears on your customer billing statements and the details are accurate and reflective of the goods or services we provide. When we charge your credit card, our name will appear on the transaction with an abbreviated description of the service which may include a listing period (Q1 for Quarter 1, by example). We retain documentation for your non-swiped transactions and we make an attempt to resolve any customer disputes before they lead to a chargeback. We maintain consistent and open communication channels with customers. Specifically, we communicate expectations around delivery, pricing and other issues. For these reasons, if you initiate a chargeback, the amount is held in our vendor account. The funds are not returned to you until the chargeback is resolved with our vendor. If the reason for the chargeback is unreasonable or without merit, we will remove the listings from our website.
3. User Name and Password
3.1. SpaIndex.com will automatically confirm your login details (“Username” and “Password”) when you request registration by sending an email to the address you provided during registration.
3.2. You may change the Password at any time using the facility provided on the Site. You must immediately notify SpaIndex.com of any Password which is lost, inoperable or used in an unauthorised manner which jeopardizes the user account and content on SpaIndex.com.
3.3. You are responsible for all use of the Site made using your username and password, whether or not the use is made by you or by someone else using your login and password. You are responsible for protecting and securing your password from unauthorised use and you should not divulge your password to anyone else.
3.4. SpaIndex.com will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and the User will indemnify SpaIndex.com against all loss, damage, claims, costs or demands in this regard.
4. The Services
4.2. SpaIndex.com will provide you with a user modifiable web based database that you may use to maintain your user account. This is provided by way of a “dashboard” from which the user may edit listing(s), upload graphics, edit HTML, and change contact information.
4.2. SpaIndex.com will provide you with information and advertising facilities at its disposal using the current themes, programs, widgets, plug ins, custom codes, forms and resources created for the benefit of the spa directory on SpaIndex.com: Guide to Spas.
4.3 SpaIndex.com will provide team members to assist you in updating listings, preparing content, presenting content, marketing content, and generally making your listing on SpaIndex.com as successful as possible. Although team members routinely review and update listings, due to the volume of our spa directory, is it impossible to review every listing in every calendar month. It is important that you keep team members updated concerning any need for assistance or issues affecting listings.
6. Links from the Site
6.2. You are not permitted to frame the Site without the express written permission of SpaIndex.com.
8. Customer Service Policy
8.1. SpaIndex.com is committed to providing exceptional customer service and quality products. We endeavour to make sure that all services offered by our company are delivered in a timely manner and as efficiently as possible. Standard delivery timeframes are between 3-5 business days for basic listings and 5-10 days for additional dedicated web pages. In the event that a feature or service is no longer available or we are unable to agree to a request, we will notify you within 5 business days to discuss agreeable alternative services. The various features of our basic listings are subject to change or eliminate based on a variety of factors, including user demand, ease of use, marketing efficiency, and industry standards and best practices.
9. Cancellation and Refund Policy
9.1. If you receive an invoice to renew your listing, and you elect not to renew, you must contact us online or email us at members (at) spaindex (dot) com and indicate the name of your facility, location, and your desire to terminate a listing. Failure to respond to invoices and/or pay an invoice by the renewal date does NOT automatically cancel a listing. You are responsible for any fees due for any period post-expiration of your listing, until you inform us you do not wish to renew or, until we terminate the listing of our own accord.
9.2 We do not give refunds for existing listings (listings on our site more than 60 days) except under rare circumstances. If you have sold your spa, closed your spa, or otherwise wish to remove your listing from our directory, you may do so at any time by contacting us. While a spa may elect not to renew, once listed, or may have a reason for terminating a listing, with one exception, we do not rebate unused listing fees.
9.3 The one exception would be on those rare instances when we elect to terminate a listing of our own accord for reasons other than violations of our terms of service. For instance, humanitarian reasons (including natural disasters), our inability to service a particular property or region, or a professional courtesy for a long-time member who has retired or sold a spa. In that event, the amount of any refund is in our sole discretion. If a refund is offered or made the refund transaction may be made via our third party payment processor and may be less a processing fee of 20% of the price paid for the product.
9.4 SpaIndex.com does not issue refunds for listings fees for listings canceled due to violations of our terms of service and professional standards. Those violations include attempting to avoid higher listing fees by adding additional addresses and locations inside one listing location, without our knowledge or agreement; submitting a false positive review about your spa (falsifying a reader review); submitting a false negative review about a competing spa (falsifying a reader review); account issues (returned checks or consistently late payments); inability to contact (changed phone number, changed address, bad email address, bad URL); multiple complaints from readers which cannot be resolved with the spa; multiple complaints from the community (shuttering doors without notice, not honoring bonafide gift certificates, not honoring authorized SpaDealsHQ coupons or daily deal vouchers); activities outside of the law; activities outside of the accepted standards of care in the spa industry; providing false content for a listing, including unlicensed and/or stolen images or content; unreasonable, excessive or outrageous requests for modifications to listings; theft of content from competitors’ websites; inappropriate website content; conviction of crimes affecting the public, particularly spa guests; and violations of a similar nature subject to change.
9.5. While refunds of existing listing fees are not offered by SpaIndex.com we will, however, endeavour to reach an amicable solution to any issues regarding purchase of a listing on SpaIndex.com.
10. Security Policy
10.1. When purchasing a listing from SpaIndex.com your financial details are passed through a secure server using the latest encryption technology. We also take payment and financial details over the telephone for those users who prefer not to submit details online. If you have any questions regarding our security policy, please contact our customer support center.
11. Duration and Termination of Agreement
11.1. This agreement will continue until either the User or SpaIndex.com terminates it. Either party may terminate the agreement at any time by sending notice of termination to the other party. On termination, you will cease to be an authorised User of the Site and the Services.
11.2. If SpaIndex.com has reason to believe that any information the User has supplied is not accurate, or if it considers that the User has breached this agreement it may terminate this agreement with 24 hours notice and without liability to the User and the User will cease to be an authorised User of the Site and the Services.
11.3. SpaIndex.com will not be obliged to refund any amounts paid by the User in respect of the Services, the Site or these Terms if the Services or the User’s license to use the Site is terminated under this clause.
12. Expiration of Listing
12.1. Unless otherwise noted, listings are each for an agreed one-year period, although payment plans may be arranged for monthly or quarterly installments. An installment payment plan does not reduce the one-year listing period and the user is obligated for the entirety of the listing period even if an installment falls past due. SpaIndex.com may choose to waive this clause at its sole discretion. Users are be notified by email via the User Dashboard when a listing expires, and may also be notified by SpaIndex.com through other means (including telephone and email).
13. Intellectual Property
13.1. Intellectual property in the Site, the Content, the Services and all components of them is owned by or licensed to SpaIndex.com unless otherwise indicated. Users are permitted to view and print copies of the Content from the Website for the purpose of the User’s own private study in connection with the Services.
13.2. All other copying, downloading, reproduction, distribution adaptation, modification or communication of the Site or any Content is prohibited except with the express written permission of SpaIndex.com. Except to the extent that this right cannot legally be excluded, the User must not disassemble, decompile or reverse engineer any part of the Site.
13.3. The Site may contain trademarks which are registered or otherwise protected by law. These include the SpaIndex.com name and logo and the logos of various SpaIndex.com products and the trademarks of third parties. The User is not permitted to use these trademarks without the written permission of the trademark owner.
13.4. The User acknowledges that a breach of these Terms may infringe not only the rights of SpaIndex.com, but also the rights of third parties whose intellectual property is licensed to SpaIndex.com. Without limiting any other provision of these Terms, the User agrees to fully indemnify SpaIndex.com in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of the User’s breach of these Terms.
14. Discussion Forums and Content Submissions
14.1. The Site may contain discussion groups, forums, bulletin boards, comments and other facilities for exchange of information with other users of the Site (“Forums”). In using, and contributing material to, Forums, the User must comply with these Terms and all policies, guidelines and directions published by SpaIndex.com.
14.2. SpaIndex.com is not responsible for the accuracy, completeness or suitability of any information provided by Users of the Site, and excludes all liability for any reliance or decisions made based on such information. The User agrees to exercise their own judgement in obtaining or using information from the Site, including ascertaining the validity of information.
14.3. SpaIndex.com does not and cannot review all communications and content posted to or created by users accessing the Site and excludes all liability in respect of the content of these communications and materials. If the User has a complaint regarding any material displayed in a Forum or otherwise communicated through the Site, SpaIndex.com’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove content.
15. Submitted Material
15.2. Without limiting the disclaimers set out in clause 12, SpaIndex.com reserves the right to block or remove communications or materials that it considers are or may be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or; other intellectual property right of another; (d) in violation of any law or regulation; or (e) offensive or otherwise unacceptable to SpaIndex.com in its sole discretion.
16. Representations, Warranties and Disclaimer
16.1. THE SITE, THE SERVICES AND THE INFORMATION AND OTHER MATERIAL CONTAINED IN THE SITE, WHETHER VISUAL, WRITTEN, OR AUDIBLE (“CONTENT”) IS OFFERED AS-IS AND SPAINDEX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE PRESENCE OR ABSENCE OF DEFECTS OR ERRORS.
16.2. Site Content is subject to change at any time without notice. The Site and the Services are provided for lifestyle enhancement and recreational purposes only and are not intended as a substitute for professional advice or medical treatment. SpaIndex.com uses reasonable endeavor to provide current and accurate Content, however the Site and the Content may contain errors. SpaIndex.com does not represent that the Content is current, accurate or complete, or that it is appropriate for the Users specific requirements. SpaIndex.com does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided on the Site or any web site linked from it.
16.3. Although reasonable efforts are made by SpaIndex.com to ensure the integrity of the Site, SpaIndex.com cannot guarantee the safety of computer systems of site users. SpaIndex.com does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Site. The User acknowledges that the User enter and uses the Site at their own risk.
17.1. THE LIABILITY OF SpaIndex.com AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF THE SITE, OR THE SERVICES WILL BE LIMITED FOR AN AGGREGATE OF ALL CLAIMS TO AN AMOUNT EQUAL TO THE FEES FOR THE SERVICES PAID BY THE USER TO SpaIndex.com IN THE SIX MONTHS PRIOR TO THE THEN CURRENT CLAIM ARISING.
17.2. SpaIndex.com and its related bodies corporate will not in any case be liable for any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data or, without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed, arising out of or in connection with these Terms, the Site, or the Services.
17.3. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on the User by any applicable law in their country of residence that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of SpaIndex.com for a breach of such non excludable condition or warranty is limited, at SpaIndex.com’s option, to: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
18.1. The User will fully indemnify SpaIndex.com in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following: (a) any breach of these Terms by the User; (b) Your use of the Site; or (c) without limiting the foregoing, any claim that the use of the Site or any Submitted Material communicated by the User infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
19. Prohibited Uses
19.1. In using the Site in general and in particular any Discussion Forum, You must not: (a) engage in marketing or commercial promotion of products or services; (b) impersonate or falsely claim to represent a person or organization; (c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; (d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person; or (e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
20.1. These Terms are governed by and must be construed in accordance with the laws of the State of California. The parties submit to the exclusive jurisdiction of the courts of the State of California in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
21.1. You may serve a notice on SpaIndex.com for the purposes of this agreement by sending an e-mail to info (at) spaindex.com AND its physical address existing at the time of any notice. SpaIndex.com may serve a notice on you by sending it to your email OR physical address. Notices will be deemed to have been served one hour after transmission by email.
22. Changes to the User Agreement
22.1. SpaIndex.com may add, remove or change the provisions of this agreement from time to time. All changes will be notified to you by being posted on the Site. It is your responsibility as a user to refer to these additions and changes. Changes will come into effect immediately on being posted and you will be deemed to have accepted them if you continue to access the login area of the Site after that time. If you do not wish to accept them, you must terminate this agreement as described above.
23. Advertising Material
23.1. Advertising, sponsorship and other commercial promotions from third parties may appear on the Site. Such materials may include links to other sites operated by advertisers and other third parties. Those parties (and not SpaIndex.com) are responsible for ensuring that such sites comply with all relevant local laws and regulations. To the extent permissible by law, SpaIndex.com disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
24.1. Each party will promptly execute all documents and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms.
24.2. The failure of either party to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.
24.3. If any provision in this Agreement is held to be illegal or unenforceable for any reason, such provision shall be severed and the remainder of this agreement shall continue in full force and effect.
24.4. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. You are not permitted to assign any of Your rights, benefits or obligations under these Terms.
24.5. This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.
24.6. Headings have been included in these Terms for convenience only and are not considered part of, or be used in interpreting, these Terms.
[Last Updated September 1, 2014]