Terms and Conditions

Updated: October 26th, 2023

IMPORTANT NOTICE: THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. IT IS IMPERATIVE TO READ THOROUGHLY AS IT INFLUENCES YOUR LEGAL RIGHTS. DETAILS ARE FOUND IN THE BINDING INDIVIDUAL ARBITRATION SECTION FURTHER BELOW.

Effective Date: This Agreement was last revised on October 26th, 2023.

This Agreement clarifies the criteria for using the www.privadaspa.com website (the “Website”) and the Privada Spa Mobile Application (the “Mobile Application”). This Agreement has an expansive application. It controls any access and usage of the Website, Mobile Application, any content or information within them, and all service-related aspects (defined as “Service”).

Upon engaging with the Website and/or Mobile Application, you (“user”, “you”, “your”) consent to the terms of this Agreement. If you disagree with any part of this Agreement, you should refrain from using the Website or the Mobile Application.

1. AGREEMENT OVERVIEW

The stipulations in this Agreement are legally binding. They govern every interaction with the Website, Mobile Application, and all content within them. By accessing or using any of these platforms or the Service, you confirm that:

  1. You have thoroughly read, understood, and accepted the terms in this Agreement.
  2. You are 18 years or older.
  3. You possess the legal authority to consent to this Agreement.

Those under 18 are prohibited from using the Website, Mobile Application, and Service. If you cannot accept these terms, please abstain from using the said platforms and Service.

Some features of the Website or Mobile Application might have additional terms. These will be provided accordingly and are incorporated into this Agreement by reference. If there’s any conflict between these additional terms and this Agreement, the former will prevail.

Any engagement with the Website and/or Mobile Application is also governed by the terms of any agreement you may have entered with Privada Spa. Continued use implies acknowledgment that neither Privada Spa nor its associates are parties to any external agreement you might form with any third party. Moreover, Privada Spa isn’t accountable for any actions or oversights tied to your engagement with the Website, Mobile Application, or Service.

Privada Spa retains the prerogative to revise this Agreement, without prior notice. Changes will be immediately effective once displayed on the Website or Mobile Application. Continued interaction with the platforms post-revisions denotes your acknowledgment and acceptance of the updated Agreement. Apart from these specified instances, the Agreement cannot be modified.

2. DESCRIPTION OF SERVICES

Through the Website and/or the Mobile Application, Privada Spa presents detailed information about offerings at Privada Spa locations, which includes massage and facial treatments, complemented by:

a. The facility to book, amend, or cancel appointments at any Privada Spa location.

b. The opportunity to share details and complete forms related to massage and facial treatments at your chosen Privada Spa location.

c. Utilize benefits under any agreement made with Privada Spa.

d. Buy and/or redeem gift vouchers.

e. Purchase massage and facial sessions and products as a visitor at any Privada Spa location.

f. Access details about and locate the nearest Privada Spa.

g. Request information related to franchising.

h. Participate in customer feedback surveys.

i. Explore employment prospects with Privada Spa.

j. Apply for positions at the Privada Spa corporate office. Together, these features form the “Services”.

To engage with these Services, you are required to:

  1. Have all necessary tools and equipment for connecting to the Website and/or Mobile Application.
  2. Ensure you have a reliable Internet connection to access the Website and Mobile Application.
  3. Cover any fees related to Internet access or equipment usage.

3. DISCLAIMER OF WARRANTIES

YOU FULLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, APPLICATION(S), AND ANY CONTENT OR INFORMATION AVAILABLE THROUGH THEM, INCLUDING ANY SERVICES, IS ENTIRELY AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY LAW, THE WEBSITE, APPLICATIONS, AND THEIR ASSOCIATED CONTENT OR SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. Privada Spa AND ITS ASSOCIATES (COLLECTIVELY, “Privada Entities”) HEREBY DISAVOW ALL WARRANTIES, WHETHER EXPLICIT, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A SPECIFIC PURPOSE, ACCURACY, ENJOYMENT, AND NON-INFRINGEMENT.

Privada Entities MAKE NO ASSURANCES THAT THE WEBSITE, APPLICATIONS, THEIR CONTENT, OR SERVICES WILL FULFIL YOUR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, OR BE FREE FROM ERRORS, OR THAT ANY ERRORS WILL BE FIXED. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, ACQUIRED FROM Privada Spa, THROUGH ITS WEBSITE, APPLICATIONS, OR SERVICES, DOES NOT CONSTITUTE ANY WARRANTY UNLESS EXPLICITLY STATED IN THIS AGREEMENT.

ALL DISCLAIMERS IN THIS SECTION WILL CONTINUE TO APPLY EVEN AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE, APPLICATIONS, OR SERVICES. In certain jurisdictions, the disallowance of implied warranties may not be applicable, hence, some of these disclaimers may not apply to you.

4. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, Privada Spa AND ITS ASSOCIATES (COLLECTIVELY, “Privada Entities”) SHALL NOT BE HELD LIABLE FOR ANY FORM OF DAMAGES. SPECIFICALLY, Privada Entities WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF INCOME, OR LOSS OF USE, ASSOCIATED WITH OR ARISING FROM THE WEBSITE, APPLICATIONS, THEIR CONTENT, OR ANY SERVICE PROVIDED BY Privada Spa. THIS LIMITATION APPLIES WHETHER THE CLAIMED DAMAGES ARISE FROM CONTRACTUAL OBLIGATIONS, WARRANTIES, NEGLIGENCE, TORT, STATUTORY RIGHTS, IN EQUITY, OR ANY OTHER LEGAL BASIS, EVEN IF Privada Entities HAVE BEEN PREVIOUSLY INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS MAY NOT RECOGNIZE OR ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OF THE PREVIOUSLY MENTIONED DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

5. INDEMNIFICATION

You commit to indemnify and hold Privada Spa and its associates (collectively, the “Privada Entities”) harmless from any claims, demands, liabilities, damages, losses, and expenses, including, but not limited to, reasonable attorneys’ fees and costs, resulting from or in connection with your use of the Website, Applications, the content therein, any Services, any products or services provided or purchased from Privada Spa locations, or any breach of this Agreement. This includes, but is not limited to, the use of your equipment to access the Website or Applications, violation of any third-party intellectual property or other rights. The obligations to indemnify and hold harmless, as set forth in this section, will remain effective even after the termination of this Agreement or cessation of your use of the Website, Applications, or Services.

6. BINDING INDIVIDUAL ARBITRATION

IMPORTANT: This section contains crucial provisions that may affect your legal rights. Please review it carefully.

Last Update to Section 6: October 26, 2023

Objective: All Disputes between you and any Privada Entity fall under this Binding Individual Arbitration clause. The term “Disputes” has the broadest enforceable definition and includes disagreements, claims, or controversies arising from (1) your interaction with the Website and/or Applications; (2) any content, service, or product associated with the Website, Applications, or any Service; (3) any product or service from Privada Spa locations; and (4) the interpretation of this Agreement, including the validity of this Arbitration clause. Unless exceptions apply, if negotiations don’t resolve Disputes, they will be arbitrated, not litigated.

Exclusions: Disputes not covered by this section are those related to protection or infringement of trade secrets, copyrights, trademarks, or patent rights, and those pursued in small claims court without seeking equitable relief.

Opt-Out Right: Within 30 days from the noted “Last Update” or your first log in, you can opt out of this arbitration clause. Send your decision to opt-out to Privada Spa at LEGAL@PRIVADASPA.COM. Include your name, address, and a clear statement of your intent. If you don’t opt out, your usage indicates your acceptance of this agreement.

Notice of Dispute: Before resorting to arbitration, notify Privada Spa about any Dispute at LEGAL@PRIVADASPA.COM. Both parties should engage in good faith negotiations for at least 60 days. If no resolution emerges, arbitration can be initiated.

Class Action Waiver: Disputes will be handled individually, not as part of any collective proceedings. If this clause is found void, arbitration becomes inapplicable, and the right to a jury trial is reinstated.

Initiation and Selection of Arbitrator: Arbitration is to be initiated with JAMS (http://www.jamsadr.com). This Agreement dictates terms in case of a conflict with JAMS rules.

Arbitration Procedures: The FAA (Federal Arbitration Act) governs the arbitration since it involves interstate commerce. The arbitration will be conducted by a single arbitrator and will follow JAMS procedures based on the claim amount. Privada Spa covers the cost for claims up to $75,000, unless deemed frivolous.

For claims seeking only monetary relief of $10,000 or less without any equitable remedy, arbitration will be document-based or held telephonically or in-person, as per JAMS rules.

Confidentiality: Arbitration proceedings will remain confidential. Exceptions are allowed if disclosure is required by law, court order, or as necessary for specific entities.

Location: Arbitration can be started in Miami, Florida, or your home county. However, Privada Spa can move it to Miami-Dade County if they cover any additional costs you incur due to the change.

Severability: If any clause in this section (except the Class Action Waiver) is deemed unenforceable, that clause will be omitted. The rest of the section remains valid. If the Class Action Waiver is found unenforceable, the entire section becomes void, and both parties agree to waive the right to a jury trial.

Continuation: This section remains valid even after the termination of this Agreement or any Service.

7. GOVERNING LAW AND JURISDICTION

The laws of the State of Florida will govern this agreement and any disputes between the parties. The specific exclusion is the “conflict of law rules.” Conflict of law rules in any jurisdiction often determine which jurisdiction’s laws should be applied in a particular legal dispute. By excluding the application of these rules, the parties are clarifying that Florida law will apply regardless of where the parties are located or where the transaction took place. 

Any dispute that is not covered by the arbitration provision will be addressed in court. This provision sets out the specific courts where a lawsuit can be filed:

a. The Superior Court of the State of Florida located in Miami-Dade County.

b. The United States District Court for the District of Florida. 

The term “exclusively” ensures that any disputes not subject to arbitration can only be litigated in the two courts mentioned. This provision restricts the parties from bringing a lawsuit in any other court.

8. MODIFICATIONS AND INTERRUPTION TO SERVICE

Privada Spa has the authority to change or terminate the Website, Application(s), or any Service. They can make these changes at any given time and are not obligated to provide users with prior notice. Even if changes or discontinuations may affect users or third parties, the Privada Entities are not liable for any consequences resulting from such actions. In simpler terms, if Privada Spa decides to change or stop providing a service, and this causes inconvenience or any form of damage to users, they cannot be held responsible. Users must recognize and accept that Privada Spa does not promise uninterrupted, continuous, or secure access to their services (Website and Application(s)). This implies that there might be occasions when these platforms may be down, slow, or not accessible. Interruptions or issues with the service might be due to reasons beyond Privada Spa’s control. This can include a broad range of circumstances like technical difficulties, natural disasters, cyber-attacks, or any other unforeseen disruptions.

9. THIRD-PARTY SITES, AND INFORMATION

The Website and Application(s) may feature links to external sites or applications. However, Privada Spa does not claim responsibility for the accuracy, content, or availability of these external platforms.

Just because a link to a third-party site or application is present doesn’t mean Privada Spa endorses, controls, or sponsors that site or its content, products, or services.

Users should be aware that when they access these third-party sites, they do so at their own risk. Privada Spa is not liable for any issues, harm, or damages that might arise from accessing or using these third-party sites.

This clause explicitly states that by using the Website and/or the Application(s), users release the Privada Spa from any claims or liabilities that might arise from using third-party applications or sites.

If a user has concerns or issues with third-party links, it’s recommended they contact the third-party directly.

Any use of third-party sites or apps will be governed by those entities’ terms of use and privacy policies. Privada Spa is not accountable for these terms or policies and suggests users review them before using the third-party services.

If a user employs Google Maps/Google Earth through the Website, Application, or any Service, they must also adhere to Google’s specific terms and privacy policy.

10. MOBILE TEXT MESSAGING

By opting into this service, users allow Privada Spa to communicate with them through SMS text messages, which might use automatic dialing systems.

Information shared via these texts can be communicated amongst Privada Spa, and their agents. The privacy of such information is governed by the provided Privacy Policy link.

Users can start receiving texts by responding with “Y” to a confirmation message. They can stop the service anytime by sending “STOP” in reply to any of the text messages. Upon opting out, users will receive one more message confirming the termination of the service.

While the Text Services are free, the user’s mobile carrier might impose charges. Users should be aware of any fees or limits associated with their own mobile plans.

The service might not be available everywhere and may not always function properly due to a variety of reasons, such as changes by the carrier or changes to the user’s device. It’s the user’s responsibility to have the necessary device and carrier service to receive texts.

A list of mobile carriers that are compatible with the Text Services is provided.

For issues or questions related to the text messaging service, users can contact the provided email address or phone number.

The user’s consent to receive text messages is completely voluntary and isn’t a precondition for purchasing any products or services.

11. SECURITY AND PASSWORD; CREDIT CARD INFORMATION

Users must keep their account passwords confidential and are solely responsible for any activity stemming from their accounts.

To purchase services through the website, users will need to input their credit card details.

Users affirm that the credit card details they provide are accurate and that they are authorized users of the provided card.

12. COMPLIANCE WITH LAWS

Users are wholly responsible for ensuring their actions while using the platform are in compliance with state, federal, or international laws, regulations, or other governmental requirements.

Users should not engage in or encourage any activity that might be considered illegal or could lead to legal consequences, either criminal or civil, under local, state, national, or international laws.

13. COPYRIGHT AND TRADEMARK INFORMATION

All content on the Website and/or the Application(s), including but not limited to design, text, graphics, and their arrangement, is copyrighted as of 2023 by Privada Spa Inc. or is the property of Privada Spa Inc or third parties. 

Users are strictly forbidden from:

  1. Using the content in unauthorized ways, such as reproduction, modification, distribution, or replication.
  2. Conducting data extraction or mining, or other forms of commercial exploitation without explicit written permission.
  3. Using automated or manual methods to monitor or copy content without authorization.

14. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Privada Spa, Inc designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Privada Spa Inc.

Attn: General Counsel

By Mail: 19505 Biscayne Blvd Suite #2350, Aventura, FL 33180

By Email: legal@privadaspa.com

15. ACCESSIBILITY

Privada Spa affirms its commitment to ensuring that its digital platforms, including but not limited to the Website and the associated Application(s), are designed, developed, and maintained to be accessible to all users, irrespective of any disabilities they may possess.

In pursuit of this commitment, The Company endeavors to conform its digital platforms to the standards and guidelines set forth in the Web Content Accessibility Guidelines 2.0 Level AA (“WCAG 2.0 AA”) as promulgated by the World Wide Web Consortium. The referenced guidelines serve as a touchstone in our efforts to ensure digital inclusivity.

For further elucidation on the WCAG 2.0 AA and its criteria, users are directed to the official documentation available at the link provided: WCAG 2.0 AA.

The Company values feedback on its accessibility initiatives. Users encountering any accessibility barriers or having specific concerns or questions relating to the accessibility features of the Website and/or Application(s) are encouraged to communicate with The Company directly. Queries and feedback can be directed to the designated electronic mail address: accessibility@privadaspa.com.

This commitment is made in furtherance of The Company’s dedication to digital inclusivity and is grounded in its broader goals of ensuring equal access and nondiscrimination in its digital offerings.

16. MISCELLANEOUS PROVISIONS

This Agreement sets forth the entire understanding and agreement between the parties relating to the subject matter hereof and supersedes any and all prior discussions, negotiations, agreements, whether oral or written, regarding the Website, the Applications, and any Service. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by both parties.

If any provision of this Agreement is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the legality or enforceability of the remaining provisions, which will continue in full force and effect.

The Company reserves the right to assign or transfer its rights, obligations, and/or responsibilities under this Agreement to any third party in the event of a merger, acquisition, sale, or other transfer of assets without the requirement of additional consent from you.

This Agreement shall operate in conjunction with, and shall not supersede, any other written agreement you may have entered into with Privada Spa Inc. regarding your use or participation in relation to the Website, the Applications, and/or any Service.

By accepting this Agreement, you expressly consent to the handling, use, and disclosure of your personal and non-personal information in accordance with our Privacy Policy, which is incorporated herein by reference and can be accessed at the designated link.

Your use of the Website, the Applications, and/or any Service is a clear acknowledgment that no entity affiliated with the Privada Spa brand, including but not limited to Privada Spa, is a party to any Wellness Agreement or other contractual relationship that you may have established with any independently operated Massage Privada Spa franchised establishment.

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