Terms and Conditions – Customers
Retreat may from time to time review and revise these terms. The revised policy will be effective and binding on you at the time it is posted on the Platform. The date of the most recent revisions will be communicated on or through the Platform. Continued use of the Platform by you will constitute your acceptance of any changes or revisions to these terms. Your failure to follow these terms, whether listed below or communicated on or through the Platform, may result in suspension or termination of your access to the Platform, without notice, in addition to Retreat's other remedies.
The Platform is owned and/or operated by Retreat and is intended for personal use strictly in according course uance with these terms.
2. Use of Platform
By using the Platform, you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with Retreat and are not otherwise prohibited from using the Platform pursuant to any terms or conditions, including those relating directly to your personal device and the laws of the local or national jurisdiction from which you are accessing or using the Platform. If you are not able to make the representations in the preceding sentence, you are prohibited from accepting these terms and using the Platform, however, any unauthorized use of the Platform by you shall be subject to these terms until your unauthorized usage terminates. Retreat does not knowingly collect any personal information from children through the Platform. By using the Platform on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Platform constitutes their acceptance of these terms. Additionally, you will use the Platform, at all times, in ways that are in compliance with all municipal, provincial and federal laws and regulations of all kinds, including but not limited to all laws with respect to the driving and use of a motor vehicle. Specifically, you agree that you will not operate a motor vehicle while using the Platform.
3. Retention of these Terms
Retreat recommends that you retain a copy of these terms in either electronic or tangible format for your subsequent reference. You can access a web-based version of these terms by visiting Retreat Terms and Conditions.
4. Ownership and Content
You acknowledge that any and all information and/or content displayed on or in relation to the Platform, including the manner in which the content is presented, is the property of Retreat. You may only use the Platform for the purposes it is intended for. Retreat may, in its sole discretion, block and prevent your continued use of the Platform, for any reason whatsoever.Under no circumstances will Retreat be liable for any harm you suffer as a result of your use of, or reliance on, this Platform or any information provided by the Platform or advice you receive via the Platform.
5. Copyright and Trademark Notices
The content, organization, graphics, design, and other matters related to the Platform are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws and are the sole property of Retreat. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Platform is strictly prohibited, without our express written permission. Other product and company names mentioned herein, including the names of any other parties, may be the trademark of their respective owners.
Subject to your compliance with these terms, Retreat, hereby grants you a limited, non-exclusive, right to use the Platform on one portable wireless device. We are entitled to refuse, restrict, limit, suspend and/or interfere or interrupt the Platform or any part thereof, without any notice to you to revise, update, replace, repair, improve, and/or upgrade the Platform or for any other reason. Where used in these terms, the term “Platform” includes any patches, revisions, updates, upgrades or replacements of the Platform (the “Revisions”) that may be delivered to you or that you may receive. If we find that multiple users are accessing a single registration, we will have the option to charge you for the additional users, which amounts shall be due and owing immediately. We shall also have the right to immediately terminate your continued use of the Platform.
7. Restrictions on Use
Except to the extent otherwise expressly permitted hereunder or otherwise expressly permitted by Retreat, and without limitation, the following restrictions shall apply to your use of the Platform and the license granted herein:
- You may not copy or reproduce any portion of the Platform;
- You may only use the Platform for your own non-commercial use;
- You may not distribute, share through any information network, transfer, sell, lease or rent the Platform or any part of it to any other person;
- You may not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the Platform or any part of it;
- You may not decompile, reverse engineer or disassemble the Platform or any part of it; and
- You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in these terms.
We may use your personal information to tell you about our services, including those of our merchants. This may include commercial electronic messages over email, telephone, text or any other methods (“CEMs”) letting you know about new merchants or product offerings provided by them or us. When registering for the Platform, you were provided the option to receive said CEMs. If you consented, you may withdraw your consent to receive CEMs at any time by contacting us directly or by clicking the 'unsubscribe' link directly in said CEMs. Please note that withdrawing consent for marketing from Retreat will not withdraw consent to marketing you may provide to merchants through using our services. Also note that CEMs do not include email or text messages related to appointment or products that you have purchased and by using the Platform, you agree to permit Retreat to send confirmation, change of service, reminder, and/or cancellation related communications to you. More information regarding the use of CEMs by Retreat can be obtained by mail at 607-1205 Queen St. West, Toronto, ON Canada, by email at firstname.lastname@example.org.
9. Your Account
Certain portions of the Platform are available only to individuals who have registered with and obtained a password from us. By registering with Retreat, you certify that you are at least 18 years of age. You may not provide or use a password, email address, or any other information of anyone else in connection with the Platform. You agree to provide true, accurate, current and complete information about yourself when you register with or order Products from us, and to maintain and promptly update that information to keep it true, accurate, current and complete. 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, including the selection and use of all content and services.
10. Fees and Payments
The Platform will make use of third party service providers for the processing of payments. By using the Platform, you consent to the disclosure of your personal information to said third party service providers and to the processing of your payments by said service providers via the Platform. You acknowledge that data charges may be incurred through your use of the Platform and you agree that you are responsible for any and all such charges that may be charged to you and that we shall have no liability to you whatsoever in respect of such charges. We take no responsibility for these charges or fees whatsoever.
You are permitted to cancel an appointment booked via the Platform on the following conditions:
- If you cancel an appointment booked via the Platform less than 24 hours prior to the start of the appointment, you will not receive a refund or credit for any amount you paid;
- If you cancel an appointment booked via the Platform more than 24 hours prior to the start of the appointment, you will receive credit for the amount you paid added to your account on the Platform. This credit can be used towards any number of services booked through Retreat until it amounts to zero dollars. Under no circumstances will you be entitled to a monetary refund;
11. Linked Sites
The Platform may contain links to other websites and/or other applications. We do not assume responsibility for the accuracy or appropriateness of the content contained on those websites and/or other applications. You enter those sites at your own risk. A link to the same should not be construed to mean that we are affiliated or associated in any way or that we endorse or recommend those websites and/or applications.
12. International Users
The Platform is controlled, operated and administered by Retreat from its offices located within Canada. If you access the Platform from a location outside of Canada, you are responsible for compliance with all applicable local laws and regulations.
YOU ARE SUBJECT TO THE FOLLOWING DISCLAIMERS:
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE PLATFORM AT YOUR OWN RISK. THE PLATFORM AND ALL DATA AND CONTENT PROVIDED THROUGH THE PLATFORM IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERM OR CONDITION OF ANY KIND. RETREAT AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. RETREAT CANNOT AND DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE DATA AND CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE OR CURRENT. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE PLATFORM OR OTHERWISE. SHOULD THE PLATFORM PROVE TO BE DEFECTIVE, YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TERMS OR CONDITIONS IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Information on the Platform should not necessarily be relied upon and should not be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
- f your jurisdiction does not allow limitations on warranties, the limitations on warranties in these terms and conditions may not apply to you. Your sole and exclusive remedy relating to your use of the Platform shall be to discontinue using the site.
- Retreat is under no obligation to review any content or material submitted, posted or otherwise displayed through the Platform and assumes no responsibility or liability relating to any such content or material. You may not imply that any content or material is in any way sponsored or endorsed by Retreat or its affiliates.
- Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Platform, your use of the same, or the content, even if advised of the possibility of such damages.
- You are solely responsible for obtaining and maintaining reliable Internet connectivity. We are not responsible for your inability to download or otherwise access content.
- Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material.
- Retreat does not warrant that the Platform will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device. You acknowledge and agree that Retreat and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
- This Platform and its contents do not constitute an endorsement or recommendation of any particular product, service, item, location, home or provider or their suitability for your needs. By using the Platform, you expressly confirm that you are using the products and/or services offered on the Platform at your own risk.
YOU SHALL INDEMNIFY AND HOLD HARMLESS THE PLATFORM AND RETREAT AND ITS AFFILIATES, DIRECTORS, OFFICERS AND SHAREHOLDERS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, EXPENSES, LIABILITIES AND OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, REASONABLE LAWYERS' FEES, THAT WE MAY INCUR AS A RESULT OF, OR IN CONNECTION WITH, (A) ANY BREACH OF ANY REPRESENTATION OR WARRANTY MADE BY YOU TO US; (B) YOUR FAILURE TO COMPLY WITH ANY OF OUR POLICIES; (C) YOUR USE AND/OR ACTIONS IN RELATION TO THE PLATFORM AND/OR OUR SERVICES; (D) THE FITNESS OF ANY INFORMATION OR SERVICE RECEIVED THROUGH OR RELATED TO THE PLATFORM; AND YOUR MISUSE OF ANY INFORMATION, DATA OR CONTENT RELATED TO THE PLATFORM.
THE FOREGOING OBLIGATIONS WILL SURVIVE TERMINATION OF THIS GRANT OF USE.
15. Default Rights and Remedies
Upon any failure by you to comply with your obligations to us, we shall have all of the rights and the remedies available to us, whether at law, in equity or otherwise, including, without limitation, rights and remedies under these terms and conditions of use and/or any policy adopted by us. Without limiting our rights and our remedies, we may turn your account over to a collection agency or a lawyer for collection. No delay or failure on our part in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by us of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
16. Limitation of Liability
You are subject to the limitations of liability contained in these terms and conditions and all ancillary terms and conditions adopted by us. In the event that, notwithstanding such limitations of liability, we are determined to be liable to you in connection with any transaction between us and you or the purchase of products or services through the use of the Platform pursuant to these terms and conditions, or otherwise, our liability to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100.00. We are not, in any event, liable for any consequential, exemplary or indirect damages.
17. Absence of Relationship
The sole relationship between you and us is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship exists between us.
18. Governing Law
These terms and conditions, all ancillary terms and conditions and the use of the Platform and our Products and services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You irrevocably agree to the exclusive jurisdiction of the courts of Ontario for the resolution of disputes between us relating to this Agreement.
19. Headings and Extended Meanings
The headings appearing in this agreement are for convenience only and shall not in any manner affect the interpretation hereof. Words importing the singular number include the plural and vice versa and words importing gender include all genders.
20. Entire Agreement and Survival
These terms and conditions and all ancillary terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof. These terms and conditions are intended to be enforceable to the fullest extent permitted by applicable law. If any term of the same is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the same and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Retreat reserves the right to assign any or all of our rights and obligations hereunder as we, in our sole discretion, determine appropriate or necessary, without your consent. These terms and conditions shall be binding on all permitted assigns and successors of us and you.
The failure of Retreat to exercise any of our rights upon a breach of any of the provisions of these terms and conditions or any of the ancillary terms and conditions shall not be deemed a waiver as to any subsequent breach.
23. Costs and Expenses Related to Collection
In the event that Retreat must take any action against you to enforce your obligations under these terms and conditions and/or any ancillary terms and conditions, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by us, including, without limitation, reasonable attorneys’ fees, in connection with such action.
23. Further Assurances
You covenant and agree that you and your successors and permitted assigns will sign further agreements, assurances, papers and documents and generally do and perform or cause to be done and performed such further and other acts and things that may be necessary or desirable by us from time to time in order to give full effect to this Agreement, the ancillary policies and every part hereof.
24. Force Majeure
If we cannot perform any obligation hereunder as a result of any event that is beyond our control, our delay or failure to perform, such obligation shall be excused and we shall not be liable for any damages as a result of, or in connection with, such delay or such failure.