TERMS & CONDITIONS FIVE ELEMENTS SPA

1. Introduction

This website is operated by Five Elements Spa Ltd. The terms “we”, “us”, and “our” refer to Five Elements Spa Ltd. The use of our website is subject to the following terms and conditions of use, as amended from time to time. The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

2. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

3. Spa Etiquette and Policies

Vouchers are valid for three months from date of purchase.

Vouchers can be used at any time for treatments (not products) at Five Elements Spa Mauritius. To book please call us on + 230 424 58 00 or contact us on email on info@5elementsspa.mu

Booking in advance is recommended.

Online bookings can be done solely with the approval and confirmation with Five Elements Spa.

If you turn up without prior bookings of a treatment and there’s no availability for same, Five Elements Spa has every right to refuse you.

A 24-hour notice period is required for cancellation and rescheduling. Should cancellation / rescheduling not be made in time the full treatment fee will apply and the voucher will be redeemed.

Kindly arrive at least 15 minutes prior to your scheduled treatment/s to allow time for you to change and fill in our consultation card.

Guests are welcome to arrive 30 minutes prior to the scheduled treatment to enjoy the complimentary spa facilities. Guest may also enjoy these facilities after the treatment. These facilities are not available for clients who only have Grooming Treatments I.e. Nail Bar and Waxing. Use of the facilities can be purchased for an additional Rs. 200 for the day subject to availability.

We kindly request punctuality. Late Arrival will result in a reduction in treatment time whilst the full treatment fee will apply.

Please bring your bathing costume for the use of facility – sauna.

Ensure cellular/mobile phones are switched off during treatments.

All prices are subject to change without prior notice. Vouchers is valid for treatments at the current price. The holder of the voucher will be liable to pay any shortfall on the new price of the treatment on the day of presentation.

Products purchased are not refundable.

Five Elements Spa will not be held responsible for any theft, damage, loss or misfortune that may occur.

Please consult your therapist if you have any of the following conditions:

On any medication

High blood pressure

Any heart condition

Recent surgery

Sinusitis

Sunburn

Pregnancy

Epilepsy

Diabetes

Eczema or Psoriasis

Muscle or joint injuries

Any Allergies

4. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

5. Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

6. E-Commerce & Privacy

The Website www.5elementspsa.mu sells gift vouchers and treatments online.  The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties.  Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

7. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have

no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

8. Online Payment – Virtual Card Services

 Accepted methods of payment, except waiver granted by Five Elements Spa , are credit cards. The payment is secured by SSL (Secure Socket Layer). Five Elements Spa processes the payment via MIPS MyPay which does not store the details of the card. MIPS MyPay is a Payment System Industry (PCI) compliant payment ecosystem.

When you choose an online payment option, your card details are processed securely via the payment gateway of our banking partner Mauritius Commercial Bank. Rest assured that your card is encrypted securely when it travels over the Internet. Important: It is the responsibility of the buyer to check, within 48 hours, that the payment corresponds to what should have been paid and that the payment has been made. No claims can be made to MIPS / or Five Elements Spa after 48 hours.

Refund and Return Policy

Once a voucher has been purchased, no refund will be issued

Updating of these Terms and Conditions

We reserve the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

9. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

10. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

11. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable

to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors,  and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

13. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

14. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

15. Headings

Any headings and titles herein are for convenience only.

16. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

17. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of Mauritius without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of Mauritius and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

18. Questions or Concerns

Please send all questions, comments and feedback to us at info@5elementsspa.mu