1. Information about My Spa Pass
Our site is operated by Spa Pass Ltd (we or us), a company registered in England and Wales with company number 10939229 and with our registered office at Spa Pass Limited, Aizelwoods Mill, Nursery Lane, Sheffield, S3 8GG. This is also our main trading address.
2. Your Status
2.1 By placing an order for membership through our site, you warrant;
2.1.1 That you are legally capable of entering into binding contracts and you are at least 18 years old;
2.1.2 You will be financially responsible for all of your use of and through our site.
2.1.3 All information supplied by you in using this website are true and accurate; and
2.1.4 You shall be completely responsible for all charges arising out of the use of our site including without limitation the costs of products or services provided by suppliers with whom you contract via our site.
2.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
2.4 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
3. Your contract with us
3.1 After placing an order for membership through our site accompanied with the correct payment by debit, credit card, or any other payment method and upon our accepting your application to join My Spa Pass we will send you an email to confirm your order.
3.2 A verification email will be sent to you to complete the registration followed by a welcome email confirming your membership.
3.3 Title of your My Spa Pass only passes to you on receipt by us of payment in cleared funds from you. If payment of cleared funds is not received by us (e.g. credit card payments are charged back or accounts remain unpaid at the due date) your contract will be voided and any My Spa Pass despatched to you will be disabled by us.
4. Type of membership
You can apply to become a member to our annual membership. Please note that a My Spa Pass membership is an ongoing subscription service and will automatically renew at the end ofyour initial membership term at the same fee as the initial membership cost. You can cancel your membership at any time inaccordance with the relevant terms and conditions but otherwise, your membership will continue to renew towards the end of each subsequent term until it is cancelled in accordance with these conditions Automatic renewal applies to all members where you have provided us with payment details.
(a) The cost of your annual membership will be advertised on our site and may vary from time to time.
(b) Your membership will automatically renew on the same date each year.
(c) Your membership card; we will ensure that your new card is with you on your annual renewal date to ensure that you are never without your pass.
(d) You may cancel your membership at any time during the cancellation period, this is the 14 day ‘cooling off’ period commencing on the initial purchase (For trial memberships the “initial purchase” is at point of signing up for the trial) of your card. If you cancel during this period:
4.1 You need to do so by calling our operations team on telephone number 0114 282 3370 between 10am – 5pm Monday to Friday. Or by logging into your online account on our website. On cancellation you will receive an email confirmation of cancellation of your account from us.
4.2 You will be entitled to a refund of your membership fee less a pro rata charge for the period of cover and our £15 administration charge; and
4.3 You will be responsible (at your cost) for the return of your My Spa Pass card (if issued) and any promotional items sent to you such items to be returned within a period of 14 days from the date of cancellation of your membership.
Please note that:
4.4 No refund of your membership fee will be made by us if you cancel your membership after the cooling off period has expired;
4.5 And from the date of cancellation we will disable your log in details so you will be unable to access any member offers and promotions appearing on My Spa Pass website.
5. Conditions of Use
5.1 You must not share your Members Club username or password with any other person;
5.2 You must not share you My Spa Pass membership card with anyone; it is not transferrable.
5.3 You must not reproduce in any form your plastic My Spa Pass membership card;
5.4 As “My Spa Pass” is a trade mark registered in the UK and operated under an exclusive licence by Spa Pass Limited (our trade mark) you must not reproduce or otherwise use any part of our trade mark or anything deceptively similar to it, or authorise assist or enable others to do so without our prior written consent;
5.5 You must not use our trade mark in combination with any other third party trademarks, names, logos, illustrations, photographs, video or audio sequences or graphics without our prior written consent;
5.6 You must not use or share any discount codes, vouchers or details of the savings we have obtained from those partnership organisations whom participate with us via social media, on printed material, or in any other media whatsoever;
5.7 You must submit your designs for any printed materials you want to produce (in whatever format) using your My Spa Pass plastic membership card and/or our trade mark to us for our prior written approval;
5.8 You must not make use of any design you submit to us or any advertising, marketing or promotional materials incorporating such design unless we have given prior written approval for each and every use; and
5.9 You must not supply your plastic My Spa Pass membership card to any person in connection with either the purchase of any goods or the payment for or hiring of goods under a hire purchase agreement whether with any of our Partners or otherwise.
Please note that:
5.10 Failure to comply with any of the above conditions will entitle us to either (i) cancel your membership with immediate effect by written notice to you, or (ii) suspend your membership and the use of your My Spa Pass membership card until you have remedied your breach of the conditions to our satisfaction. Failure by you to remedy the breach within 14 days of our notifying you of the same and requesting you to remedy it will result in the immediate cancellation of your membership; and
5.11 There is a £8 administration charge for replacing any lost, stolen or damaged plastic My Spa Pass membership card.
6. Our Partners & Use Of Your My Spa Pass Membership Card
6.1 Our current Partners and their redemption locations are shown on our website.
6.2. As a member you are granted access to offers and partnership rates. The discounts provided will vary and you should check the details of each site on our website for details of how to redeem/book the specific offer before going. Most partners will require a pre booking and ask for membership proof on entry/when paying. Pre-bookings can be made online where available or by telephoning the site directly. When presenting your My Spa Pass membership card upon entry you may also be required to show identification as proof you are the member. Failure to provide identification if requested can void any booking discount.
6.3. The expiry date of each My Spa Pass membership card should be checked and will not be valid if expired and cannot be used.
6.4.My Spa Pass membership cards can only be used by the named member and is strictly non-transferable.
6.5.On occasion we will remove or amend offers or promotions provided by our Partners. We will endeavour to replace them although we shall have no liability for any such withdrawals or changes to the availability of an offer.
6.6.Members will have the benefit of all additional associations or third party offers which are added to the Member’s Area of our site and are subject to availability.
6.7. Any printed material that you may receive from us provides information about offers available from our Partners that were correct at the time of printing and are subject to change.
6.8.To be valid when presented for exchange, your membership card must be intact and not damaged.
6.9.Your My Spa Pass membership card cannot be refunded or exchanged for cash or other denominated vouchers or discount cards, nor can it be used in conjunction with any special promotions, discount tokens,coupons or cards.
6.10.We are not liable for any site, or any of our Partners that refuse to honour the advertised discount or promotion.
6.11. Any queries regarding the redemption of your My Spa Pass membership card with any of our Partners should be directed to our operations team on telephone number 0114 282 3370 between 10am and 5pm, Monday to Friday.
7. Our Liability
7.1 Subject to clause 7.3, if we fail to comply with these terms and conditions we shall only be liable for the membership fee and no further costs.
7.2 Subject to clause 7.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
7.2.1 loss of income or revenue;
7.2.2 loss of business;
7.2.3 loss of profits; or
7.2.4 loss of anticipated savings.
7.3 Nothing in these terms and conditions excludes or limits our liability for:
7.3.1 death or personal injury caused by our negligence;
7.3.2 fraud or fraudulent misrepresentation;
7.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and
Services Act 1982; or
7.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
7.4 We do not make or give any promises, warranties, guarantees or representations concerning the goods or services provided by our Partners, nor do we accept any losses or liability arising out of, or in connection with, such goods or services. We will not become involved in any dispute between you and any of our Partners.
7.5 We will not be liable if for any reason our site is unavailable at any time or for any period.
These terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.
8. Written Communication Applicable laws may require that some of the information or communications we may send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be addressed to our Commercial Director at Spa Pass Limited, Aizlewoods Mill, Nursery Street, Sheffield, S3 8GG. We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in condition 8 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
10. General provisions
10.1 No failure or delay by us to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
10.2 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
10.3 We have the right to revise and amend these terms and conditions (and any document expressly referred to in them) from time to time
and you will be subject to the terms and conditions (and any document expressly referred to in them) in force at the time that you order a membership card from our site and become a member of our Members Club, unless any change to these terms and conditions (and
any document expressly referred to in them) is required to be made by law or governmental authority (which if appropriate will be deemed to apply retrospectively).
10.4 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
10.5 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
10.6 We shall be under no liability to you in respect of anything which, apart from this provision, may constitute a breach of these terms and conditions arising by reason of circumstances beyond our control which shall include (but shall not be limited to) acts of God, war, riot, civil commotion, malicious damage, fire, flood, storm, drought, explosion, sabotage, accident, embargo, compliance with any law or governmental order, rule, regulation or direction, shortage of supplies, equipment, materials, breakdown or labour disputes of whatever nature and for whatever cause arising.
11. Law and Jurisdictions
These terms and conditions shall be governed by and construed in accordance with English law. Any dispute arising from, or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
CHRISTMAS ADVENT CALENDAR GIVEAWAY COMPETITION RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: This Campaign is open only to those who sign up at https://1.shortstack.com/Bb1SWK and who are 18 years of age or older as of the date of entry. The Campaign is only open to legal residents of England, Scotland and Wales, and is void where prohibited by law. Employees of My Spa Pass Ltd., its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of My Spa Pass Ltd. as final and binding as it relates to the content of this Campaign.
- Campaign Period: Entries will be accepted online starting on 01/12/2018 at 00:01 (United Kingdom GMT) and ending 24/12/2018 at 23:59 (United Kingdom GMT). All online entries must be received by 24/12/2018 at 23:59 (United Kingdom GMT).
- How to Enter: The Campaign must be entered by submitting an entry using the online form provided at https://1.shortstack.com/Bb1SWK. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of My Spa Pass Ltd. Optional verbiage to include: You may enter only once per prize/day. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of My Spa Pass Ltd.
- Prizes: The Winner(s) of the Campaign (the “Winner”) will receive:
Day 1: Elemis Exclusive Peptide Essentials Collection, RRP £124.
Day 2: Nakin Advanced Cleansing Milk & Performance Face Serum, RRP £40.
Day 3: 6-months’ worth of Mii Mascara, RRP £93.
Day 4: Dermalogica Dewy Skin Day & Night Phyto Replenish Oil & Overnight
Repair Serum Set, RRP £32.50.
Day 5: CND Vinylux Rhythm & Heat Nail Polish Plus Mii Mascara, worth over £25.
Day 6: A My Spa Pass Membership for You and a Friend, RRP £50.
Day 7: Beauty Lab Hydrating Mask, RRP £30.
Day 8: Elemental Herbology Earth Balance Bath & Body Oil, RRP £28.
Day 9: Dr. Murad’s Miniatures with Cosmetic Bag, worth over £35.
Day 10: Crystal Clear Intense Anti-Ageing Serum, RRP £30.
Day 11: Beauty Lab Black Diamond Energizing Serum, RRP £95.
Day 12: Thomson & Scott Brand New Extra Brut Champagne, Bottle of Magnum
Prosecco & 1 x 6 Pack of Cans (& 6 Branded Straws), worth over £100.
Day 13: Elemental Herbology Moisture Replenish Cell Plumping Facial Wash &
Age Support Eye Elixir Eye Cream, RRP total: £90.
Day 14: A My Spa Pass Membership for You and 4 Friends, RRP £125.
Day 15: Temple Spa Skin Truffle 15ml, RRP of 50ml £90.
Day 16: Beauty Lab Black Diamond Anti-Ageing Night Cream, RRP £78.
Day 17: Skin Complete Food Supplement Capsules, RRP £80.
Day 18: Beauty Lab Skin Perfecting Moisture Cream, RRP £45.
Day 19: Elemis Pro-Collagen Anti-Ageing Neck Balm & Marine Cream Travel Duo,
Day 20: Elemental Herbology Radiance & Vitality Facial Cleanser, RRP £29.
Day 21: My Spa Pass Membership for You and Your Colleagues (up to 15
individuals), RRP £400.
Day 22: Beauty Lab Glyco-Wash & Beauty Lab Multi-Vitamin Oil, RRP £67.
Day 23: Pai Organic Cosmetics Gift Set, Including Camellia & Rose Gentle
Hydrating Cleanser 100ml, Rosehip Bio-Regenerate Oil (30ml) & Chamomile & Rosehip Calming Day Cream, RRP £92.
Day 24: A Spa Day for 2 at One of Our Partners’ Luxury Spa Destinations
Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by My Spa Pass Ltd. No cash or other prize substitution shall be permitted except at My Spa Pass’s Discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for My Spa Pass Ltd. to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Winner of spa day: Where You are the recipient of a spa day, My Spa Pass is not responsible for any events or circumstances experienced at any of our affiliated or partner locations.
- Postage: Once each prize has been dispatched from My Spa Pass Ltd.’s Offices, we will not be liable for any prizes lost/delayed or damaged in the post for reasons beyond our control.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of My Spa Pass Ltd. Winner will be notified by email within five (5) days following selection of Winner. My Spa Pass Ltd. shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 28 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT MY SPA PASS’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that My Spa Pass, anyone acting on behalf of My Spa Pass, and My Spa Pass’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of My Spa Pass. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless My Spa Pass from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which My Spa Pass may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: My Spa Pass reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond My Spa Pass’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, My Spa Pass may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by My Spa Pass. My Spa Pass reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. My Spa Pass has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, My Spa Pass reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless My Spa Pass and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF THE UNITED KINGDOM, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in SOUTH YORKSHIRE having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: My Spa Pass, Aizlewood Mills, Sheffield, S3 8GG, England. Requests must be received no later than 31/12/2018, United Kingdom GMT.
- Sponsor: The Sponsor of the Campaign is My Spa Pass, Aizlewood Mills, Sheffield, S3 8GG, England.
- Facebook: The Campaign hosted by My Spa Pass is in no way sponsored, endorsed, administered by, or associated with Facebook.
- By entering the competition, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.