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Terms of Service

THIS TERMS OF SERVICE AGREEMENT (“THIS AGREEMENT” OR “these TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND Circle Wellness AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “CIRCLE WELLNESS,” “THE COMPANY,” “US,” OR “WE”), ON THE OTHER HAND, REGARDING YOUR USE OF SERVICES (ANY CLASSES, EVENTS, OR ACTIVITIES HOSTED, SPONSORED, OR AFFILIATED WITH CIRCLE WELLNESS (together, the “program”) WHETHER AT OR VIA A CIRCLE WELLNESS IN-PERSON LOCATION, WWW.CIRCLEWELLNESSSPAS.COM, AND INSTRUCTORS (“GUIDES”) EMPLOYED OR OTHERWISE RETAINED BY CIRCLE WELLNESS, AND/OR ANY APPLICABLE DOWNLOADABLE SOFTWARE PROGRAM THAT YOU ARE ACCESSING OR INSTALLING ON YOUR DEVICE OR PERSONAL COMPUTER, INCLUDING THE CLASSES, EVENTS AND/OR ACTIVITIES AVAILABLE THROUGH THAT SOFTWARE PROGRAM (TOGETHER, THE “SERVICE”)).


BY CLICKING “I AGREE”, “I ACCEPT”, OR EQUIVALENT LANGUAGE, YOU AGREE TO BE BOUND IN ALL RESPECTS BY THIS AGREEMENT.

Part 1: Liability Waiver

Part 2: Additional Terms

Eligibility

You must be 18 years of age or older to use any of Circle Wellness’s programs & services. By agreeing to this agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase and other agreements with Circle Wellness and its partners, vendors, agents, and service providers.

Community Guidelines

By joining and participating in Circle Wellness’s community, you are agreeing to the following guidelines:

 

Privacy

  • Do not publish your personal information in a public community, whether online or otherwise. Please use direct messaging when personal information must be shared.
  • Do not take screenshots from Circle Wellness’s community and post them anywhere without explicit prior written consent from the publisher of the original content.
  • Do not share private conversations between users that were had with the expectation of remaining private.

Respect

  • Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, including our community members or staff; malicious speech regarding topics of sexual orientation, gender, gender identity, age, ethnic origin or race, religion, nationality, disability, size, veteran status, marital status, sexist comments; or hate speech will not be tolerated.
  • Discrimination against people based on race, color, ethnic origin, religion, disability, gender, gender identity, age, veteran status, marital status, nationality, sexual orientation, or any other characteristics protected under federal or local law will not be tolerated. In short, treat each other respectfully.
  • Circle Wellness is a welcoming community where diversity is encouraged to thrive.

Additional Health Disclaimer

I agree to fully assume all such risks and accept personal responsibility for the damages following any such injury. I agree to conduct myself in a safe and reasonable manner. I agree that I will not participate in the program while under the influence of drugs or alcohol and will not consume drugs or alcohol while participating in the program.

Account

In order to use the service, you must create an account using MarianaTek. When registering, you must provide accurate and complete information and promptly update this information to keep it current. If you provide inaccurate or incomplete information, we may suspend or terminate your account and your use of the service and activities.

You are solely responsible for all activities that occur through your account. Users are responsible for keeping their login credentials confidential and safe. Users must choose strong passwords. By registering, users agree to be fully responsible for all activities that occur under their username and password.

To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or breach of security by sending an email to hello@circlewellnessspas.com.

Membership Fees

Circle Wellness offers annual membership subscription-based access to in-person experiences. Subject to payment of any applicable fees and your compliance with all terms, we grant you a non-exclusive, non-transferable, limited license to access, view, use, and display sessions and/or online content for non-commercial, private use.

Circle Wellness uses third-party payment processors including Stripe and Square, through MarianaTek. The processing of payments or credits will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these terms.

Memberships are billed on a periodic basis as specified at purchase. Members may cancel their membership at any time, but no refunds are provided for unused time.

Service Provider

If you purchase sessions, events, or activities at one of Circle Wellness’s in-person locations, you are contracting with the relevant entity operating that location.

Offers, Discounts, Coupons, App Purchases

All discounts, promo codes, and special offers are subject to eligibility and at our sole discretion. Coupons, vouchers or discount codes are non-commercial and of limited use. Purchases made through third-party app stores are subject to their terms and conditions.

Modification & Discontinuation of Content

We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, the service (or any portion thereof) with or without notice. We reserve the right to correct errors and inaccuracies and to change and update information on this Site at any time without notice, including prices and item availability. We will not be liable for any such actions.

Retail Sales

All sizes and weights quoted are approximate. To the extent permitted by applicable laws, we do not guarantee the reliability of these descriptions and we will not be liable for any inaccuracy, error or omission in the information contained on this Site in relation to the products and articles offered for sale by us, including their prices.

All prices listed exclude applicable taxes and are in Canadian dollars and all delivery and any additional charges will be clearly displayed where they apply and will be processed in Canadian dollars. You agree to pay all charges payable for your order.

We reserve the right to limit the quantity of items you may buy.

Terms For Purchase

You must provide us with a valid payment method (credit card, PayPal) and related payment information needed to process the payment. By submitting that information to us or our third-party payment processor, you agree that you authorize us and/or our processor to preauthorize the payment and to charge your method of payment. For any product or service that you order on the Site, you agree to pay the price applicable (including any sales taxes) as of the time you submit the order. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

 

Products purchased through the Site are delivered to you by a third-party delivery company. This delivery company is an entity completely independent from Circle Wellness and does not act as an associate or affiliate. You will become the owner of the purchased products and will assume the risks of loss immediately upon delivery of the products.

 

All payments must be made by Visa, MasterCard, American Express, GooglePay or PayPal. We do not accept cash, personal or business checks. Sales taxes or other taxes, customs, import/export charges or similar governmental charges are not included in the price of the products as shown. Such taxes will be automatically added to orders by Circle Wellness and withheld by Circle Wellness. You are responsible for paying any such taxes or charges imposed on your purchases, included but not limited to sales, use or valued-added taxes.

 

We shall automatically charge in Canadian Dollars, we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes. In addition, any refunds are made in Canadian Dollars and we are not responsible for the exchange rate at which a bank charges its customer or or any additional charges it makes.

 

All purchase transactions made through the Site are subject to our Return and Policy and our Shipping Policy in effect at the time of purchase. The purchase of products and services on the Site is subject to availability.

 

We reserve the right, at our sole discretion, to refuse or cancel any order as well as to apply restrictions on the quantity of products covered by an order. We are also entitled to seek additional information from you before accepting, processing or delivering an order. In cases of refusal, cancellation or restriction of the order, we will notify you and will proceed to the refund by reversing the charges applied on the credit card of the order.

Proprietary Rights

All materials on the service, including names, logos, trademarks, images, text, graphics, videos, software, and other elements (“material”) are protected by copyrights, trademarks, and/or other intellectual property rights. Material is made available for limited, non-commercial, personal use only. No material may be copied, reproduced, sold, or otherwise used without prior express written permission.

Consent to Electronic Communications

By using the service, you consent to receiving electronic communications from us, including notices about your account and information related to the service. You are solely responsible for any telecommunication fees, including SMS, data, or other fees.

Limited Liability

We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this Site or for any products or services purchased from us. Notwithstanding the above, and to the maximum extent permitted by applicable laws, our aggregate liability for loss or damages in any event will be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause or the amount of a hundred (100) dollars if no product has been paid or is payable by you.

Updates to Our Terms of Service

We may occasionally update this Terms of Service agreement. When we do, we will revise the “last updated” date. Your continued use of the service after such changes will be subject to the then-current terms.

Contacting Circle Wellness

For questions, comments, complaints, or claims related to Circle Wellness locations or services: hello@circlewellnessspas.com

Last Updated: June 14, 2024