Terms & Conditions

Use of Gift Card Policy

Divine Spa gift cards are non refundable. Gift cards can only be used to redeem against products or services sold in-store at Divine Spa. Gift cards are valid as cash value only, and cannot be purchased as a pre-designated service or product. It is not replaceable if lost or stolen and should be treated as cash. Divine Spa is not responsible for loss, theft or mutilation of this certificate. This certificate cannot be redeemed for cash except in accordance with applicable law. Face value of the gift card are in Canadian dollars. Unauthorized resale will invalidate this certificate. When properly authorized, this certificate may be redeemed for goods and services at our in-store location only.

Product Descriptions

Divine Spa attempts to be as accurate as possible when describing products; however, Divine Spa does not warrant that product descriptions or other content available on the site are accurate, complete, reliable, current, or error-free. If a product offered on the site is not as described, your sole remedy is to exchange your unused product for a credit at Divine Spa.

Intellectual Property

All content and technology available on or underlying the site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the “Content is the property of Divine Spa, and is protected by Canadian and International copyright laws. The compilation of all content on this site is the exclusive property of Divine Spa and protected by Canadian and international copyright laws.

The trademarks, logos, and service marks displayed on the site (collectively the “Trademarks” are the registered and unregistered marks of Divine Spa. All other trademarks not owned by Divine Spa are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Divine Spa.

Except as set forth in the limited license in Section 4 below, neither the site, the Trademarks, nor any portion of the site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of Divine Spa.

Limited License

Divine Spa grants you a limited, revocable, and non-exclusive license to access and make personal use of the site. Please note, however, that you may not frame or utilize framing techniques to enclose the site or any portion thereof without Divine Spa’s prior written consent.

The limited license set forth in this Section 4 does not include the right to: (i) modify or download the site or its contents (except caching); (ii) make any use of the site or its Content other than personal use; (iii) create any derivative work based upon either the site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Any unauthorized use by you of the site terminates the limited license set forth in this Section 4.

Your Account

If you use the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the site on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for harm caused by that person’s wrongful use of the site. Divine Spa reserves the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, in our sole discretion.

Unsolicited Idea Submission

You acknowledge and agree that Divine Spa is free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without compensation to you.

Children

This website is not intended for children under 13. We do not collect personally identifiable information from any children who we know to be under 13. Conditions of Use, Notices, and Revisions

Representations and Warranties – Limitation of Liability

The site is presented “AS IS.” Divine Spa does not make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable.

You agree that Divine Spa will not be liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to this site; (c) data non-delivery, misdelivery, corruption, destruction or other modification, or (d) events beyond our reasonable control.

Further, Divine Spa will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Divine Spa, has been advised of the possibility of such damages. Indemnification of Divine Spa.

You agree to defend, indemnify and hold harmless Divine Spa for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to your use of the site.

General

You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy constitute the complete and exclusive agreement between you and Divine Spa concerning your use of the site, and supersede and govern all prior proposals, agreements, or other communications.

Diviner Spa reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the site. Any changes are effective immediately upon posting to the site. Your continued use of the site constitutes your agreement to all such terms and conditions. Divine Spa may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Divine Spa. The failure of Divine Spa to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Divine Spa of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Divine Spa will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Divine Spa as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please contact us.

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Divine Spa © 2016 All Rights Reserved Terms of Use and Privacy Policy

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