SERVICE AGREEMENT

Last updated on 22 April 2024

AQUASSAGE

TERMS AND CONDITIONS

Welcome to AquaSsage!

In these terms, we also refer to NINIMIR PTY LTD ABN 26 653 708 859 operating under the registered business name AquaSsage as “AquaSsage”, “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you sign up for our Services through our website https://www.aquassage.com.au/ and any other websites we operate with the same domain name and a different extension (Website), in person at our store, or by any other way you purchase our Services.

Key Words used in these terms

To make it easier for you to understand the terms on which we provide, and you use, the Services, we've tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Products” in these terms, we mean any of our products available for purchase at our store or online.

When we say “Services” in these terms, we mean any of our dry aqua massage, infrared wellness cocoon-red cocoon or vibroacoustic sound therapy services provided in store and any other associated services we may offer (Services). In these terms when we use Services we are also referring to Products if applicable.

We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Waiver and Consent

Before using our Services, you must also sign and agree to our Waiver and Consent forms, if applicable, and these form part of these terms.

It is your responsibility to ensure you update AquaSsage on any changes in your medical condition and your ability to avail our services.

Acceptance of these terms

Before you sign up for our Services, or otherwise engage with the Services, please carefully read these terms. If you don't agree to these terms, please don't sign up for the Services. By booking our Services, any appointment, creating an account, or otherwise proceeding to engage with the Services, you agree to be bound by these terms.

MEDICAL EMERGENCIES

If you require immediate medical attention, contact your treating general practitioner or call 000.

DO NOT USE THE WEBSITE OR OUR SERVICES IF: You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:

· severe chest pain

· heart attack

· stroke

· loss of consciousness

· severe bleeding

· breathing difficulty

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Website or our Services or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Website or our Services and instead contact 000 immediately or seek alternative and appropriate medical services.

DISCLAIMER – HEALTH CONDITIONS AND PREGNANCY

AquaSsage is not a staffed by medical professionals or massage therapists and none of its staff are trained in massage therapy. AquaSsage cannot cure, diagnose or treat any health condition. Before you use the Services, we recommend seeking medical advice to evaluate any risks and see if the Services are right for you.

(a) (No medical advice) AquaSsage does not provide medical advice. Any information on the Website, or shared in any part of our Services, are in no way to be taken as advice, including medical advice. Employees at AquaSsage are not medical practitioners. Any information provided during any appointment is not to be taken as any form of medical advice.

(b) (Physician approval) You cannot use the Services if you have been told by a physician that you cannot receive massage therapy or any of the other Services.

(c) (Results not guaranteed) We cannot guarantee any results from your use of the Services. Everyone is an individual and results may vary.

(d) (Not suitable for minors) Our Services are not suitable for anyone under the age of 16. DO NOT access our Services or sign up if you are under the age of 16. If you are between the ages of 16 and 18, a legal guardian is required to accept and sign the liability waiver form.

1. HEALTH CONDITIONS

(e) Prior to your appointment, we recommend that you seek the advice of a medical professional and advise our team of any special health conditions or medications when scheduling your appointment as it may impact your AquaSsage session.

(f) We strongly recommend that you consult your doctor before your AquaSsage session if you experience any of the following conditions to obtain their approval. We reserve the right to request medical clearance from you if you have any of the following conditions:

(i) High/low blood pressure;

(ii) Physical ailments;

(iii) Surgery;

(iv) Pregnancy;

(v) Heart and Circulatory problems;

(vi) Phlebitis (inflammation of a vein);

(vii) Varicose Veins or Thrombosis;

(viii) Swollen joints and Severe inflammation;

(ix) Extreme bruising;

(x) Skin infections;

(xi) Contagious diseases;

(xii) Suffering a fever; or

(xiii) Any other condition or illnesses.

2. Pregnancy

(a) If you are pregnant, it is essential that you consult your doctor before your AquaSsage session.

(b) You must inform us if you have any of the following symptoms or conditions:

(i) Nausea;

(ii) Low Blood Pressure;

(iii) High Blood Pressure;

(iv) Haemorrhoids;

(v) Deep Vein Thrombosis (DVT);

(vi) Eclampsia;

(vii) Abdominal Cramping;

(viii) Placenta Praevia;

(ix) Diabetes; or

(x) Any other symptom or condition that may impact your massage treatment.

You must obtain medical clearance from your doctor prior to using the Services, if you are pregnant and you have any of the above conditions

If you are unsure about anything in our Services, or participating in our Services, we encourage you to seek medical advice and a referral from a health practitioner prior to using our Services.

It is your responsibility to ensure you update AquaSsage on any changes in your medical condition and your ability to avail our services.

1. SIGNING UP FOR SERVICES

(a) To sign up to the Services, you may need to create an account (Account) and pay the Fees (as defined in clause 8(a)(i)).

(b) All Services must be paid in full, either via our online booking system or in store, prior to using any Service. We reserve the right to not provide Services if you have not paid any Fees.

(c) (No under 16s) The Services are not intended for any person under the age of 16 years old or any person who has previously been suspended or prohibited from the Services. By creating an Account and paying the Fees or otherwise accessing the Services, you represent and warrant that:

(i) you are over the age of 16 years and accessing the Services and Website for personal use; and

(ii) you are authorised to use the debit or credit card you provide for the Services.

(d) Signing up to the Services constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Services you have ordered in exchange for your payment of the total Fees listed upon checkout.

(e) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming the Services.

(f) You are responsible for managing your Account and ensuring that you only access and engage with the Services in an appropriate manner.

(g) You must provide true and accurate information when signing up for an Account. By signing up or creating an Account you acknowledge and agree that any information you provide to us is true and accurate.

(h) If you are between the ages of 16 and 18, a legal guardian is required to attend the location with you, read, accept and sign the liability waiver form with you.

2. OUR SERVICES

2.1 APPOINTMENTS AND BOOKINGS

(a) Appointments can be made via the booking section of our Website, in person or by telephone. We may use a third party booking provider and this may be subject to additional terms and conditions.

(b) You will select your appointment time upon booking.

2.2 CANCELLATIONS

(a) We require a minimum of 24 hours’ notice to cancel or reschedule an appointment.

(b) Appointments can be cancelled or rescheduled via telephone or on our Website.

(c) If you cancel your appointment prior to 24 hours’ notice, the full value of your booked Service will be credited to you in the form of an AquaSsage credit on your Account.

(d) If you cancel your appointment with less than 24 hours’ notice, you will incur a 50% cancellation fee. The remaining 50% will be credited to you in the form of an AquaSsage credit on your Account.

(e) If you fail to show up or cancel your appointment with less than 12 hours’ notice, you will incur a 100% cancellation fee. Please note: No-shows and last-minute cancellations are difficult for our business, for any small business. It means that an appointment allotment has gone unfilled and that other clients miss out on theirs.

(f) If you have purchased a special, which means services that you have not paid full price for AND you fail to show up or cancel your appointment with less than 24 hours’ notice, you will incur a 100% cancellation fee.

(g) If you have only paid the non-refundable deposit, AND you fail to show up or cancel your appointment with less than 24 hours’ notice, you will incur a 100% cancellation fee.

2.3 NO REFUNDS FOR CHANGE OF MIND OR CANCELLED APPOINTMENTS

(a) Due to the nature of the Services, we do not offer change of mind refunds or for cancelled appointments.

(b) Nothing in this clause is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

2.4 RUNNING LATE

(a) We recommend that you arrive 10 minutes prior to your scheduled appointment.

(b) If you are running late or are not ready to commence your booked session at the arranged time, please telephone us. We will try to accommodate you, or otherwise let you know that we cannot accommodate the delay.

(c) If we are unable to accommodate the delay, your massage treatment will conclude at the scheduled finish time, which would mean a shortened session.

2.5 COMPLY WITH ALL SAFETY REQUIREMENTS

(a) You warrant and agree to comply at all times with any instructions, directions or manuals on how to use the Services given to you by AquaSsage or any of its personnel, including operating any emergency stops if necessary. You acknowledge and agree that you are in control of stopping the Services at any time whenever you feel there is any issue

2.6 MISCONDUCT AND HARASSMENT

(a) The health and safety of our team is very important to us. Under no circumstances will misconduct or harassment of any kind - physical, sexual, or verbal - be tolerated within our store or by our team.

(b) Any misconduct and harassment will result in a non-refundable cancellation of service and an immediate removal from our location. If you have a membership, your membership will be terminated and we will not provide a refund. A police report may also be filed if the charges are deemed to be of a serious nature.

3. Health and hygiene practices

(a) Our health and hygiene practices are taken seriously and evaluated regularly at AquaSsage.

(b) We endeavour to maintain a clean and sanitary environment at all times, as your health and the health of our team is our primary concern.

(c) Our store, including the floors, surfaces, door handles, and any other common areas are cleaned and sanitised regularly throughout the day.

(d) In order to use the Services, you must be clean and hygienic i.e. showered and with clean clothes and with no offensive odour. This is for the protection of all of our guests and the equipment. We reserve the right to refuse entry if you do not comply with this clause and we will not refund your Service if you do not comply with this clause.

(e) If you are unwell or experiencing any cold or flu symptoms prior to your appointment, please promptly call us to reschedule your appointment. Do not attend your appointment if you are experiencing any cold or flu symptoms.

4. Gift CERTIFICATES

(a) Gift certificates are non-refundable.

(b) Gift certificates are valid for 3 years from the date of sale.

(d) Gift certificates can only be redeemed by the individual gift certificate holder; however they may be redeemed over multiple appointments and in-store Products.

(e) Any appointments booked using a gift certificate are subject to the cancellation or reschedule policy in clause 2.2 of the terms.

5. Membership (Unlimited Aquassager)

(a) The Unlimited AquaSsager Membership allows for unlimited annual access to some Services available at AquaSsage, subject to any limitations in this clause.

(b) You may choose to pay weekly or annually for your membership, and you subscribe to the membership and payment terms.

(c) (Automatic Renewal) You may choose a membership option that automatically renews. If you choose this option you can cancel prior to expiry by giving us at least one months’ notice in writing.

(d) Memberships start on the date of sale.

(e) Memberships are non-refundable.

(f) You may pause the membership for a period four weeks per twelve months in total, and a minimum of two-week blocks at any one time.

(g) The VIP Membership includes one of each: dry aqua massage, and one Cocoon wellness, and one compression therapy and one vibroacoustic sound therapy session per day. You may book in all different sessions per day but you can only have one of each type of session per day as part of the VIP Membership. If you would like to book additional appointments for the same service, you can do so by booking a standard appointment in accordance with clause 1 and 2 of the Terms.

(h) Members can avail the "Friend of a friend of ours" Program, in accordance with clause 6.

(i) Members may have access to the VIP lounge even if no appointment is booked.

(j) Members must provide 24 hours' notice for cancellations and rescheduling. If less than 24 hours' notice is provided, a flat fee of $29.99 per booking will be charged to your credit card automatically. For example, if you have booked an AquaSsage session followed by a Cocoon Wellness session, and have cancelled both without providing 24 hours' notice, you will be charged a total of $59.98.

(k) Membership does not include access to any workshops or events where separate payment is required.

(l) Membership does not include access to Sekhem Energy Healing or our Massage Therapist.

(m) Members receive 10% off products in store, and does not include towel rental, shower usage, events, workshops, drinks, gift certificates.

(n) Cancellation of membership prior to the expiry date will incur a fee of four times the weekly membership amount. For example, if your membership amount is $99.00 per week, membership cancellation fee is $99.00 x 4 = $396.00.

(o) Payment is automatically and weekly deducted from your authorised account in line with clause 8 and 9 of this agreement.

6. "Friend of a friend of ours" Program

(a) Our Friend of a Friend of Ours program is available to Unlimited AquaSsager Members only.

(b) Unlimited AquaSsager members can bring a friend and they receive 30% off all in store services, as well as 10% off all in-store products (discounts cannot be applied to already discounted items, specials or deals (such as Tight A$$ Wednesday), Sekhem Healing, Massage Therapist, towel rental, shower usage, events, workshops, drinks or gift certificates).

(c) The guest will receive all the perks of a member while the member is accompanying them on that visit only, including in-store discount, wi-fi, coffee, tea and VIP longue access.

(d) The member must book an additional appointment for their guest at the time of booking their appointment, providing their details.

(e) Payment must be made prior to booking time / arrival.

(f) If the member needs to reschedule or cancel the appointment, both appointments will be cancelled in accordance with clause 2.2 of the Terms.

7. PRODUCTS

(a) We generally do not provide refunds or exchanges for any Products sold including for change of mind. However, if your Product is faulty or defective, please contact us and we will provide you with a refund, replacement or exchange.

(b) (Defective Products) To request a remedy in relation to a Product, notify us of your claim as soon as possible, together with written and photographic evidence to support your claim, including proof of purchase. We will respond to your claim as soon as possible, usually within 10 business days, to either accept or reject your claim and, if applicable, send you a returns form.

8. PAYMENT

(a) All Fees are:

(i) as displayed and accepted by you at the time of checkout (Fees);

(ii) in AUD dollars; and

(iii) subject to change without notice prior to signing up for the Services.

(b) (Payment obligations) You must pay the Fees in full at the time of signing up to the Services or paying for the Products.

(c) (GST) Unless otherwise indicated, amounts stated on the Website and point of sale include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for the Services, we will attempt to contact you and inform you of this as soon as possible. If there is any inconsistency between the pricing listed on our platforms, including our Website, social media pages or printed promotional material, the prices listed on the Website will take precedence.

(g) (Price changes) Pricing is subject to change and prior notice is not required. Once your booking has been confirmed, the price for your Service is fixed.

9. DIRECT DEBIT

If Fees are paid using direct debit (DD) you:

(a) by agreeing to a subscription, authorise direct debit in line with AquaSsage’s Payment Provider;

(b) agree to enter into any DD Agreement required by AquaSsage’ Payment Provider;

(d) must ensure that there are sufficient funds available in your account to allow AquaSsage’ Payment Provider to debit the Fees payable; and

(e) acknowledge and agree that there may be additional payments required from the Payment Provider if you miss or fail to make any payment. These terms are third party terms separate and in addition to this agreement and are governed by clause 11.1.

10. COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(c) We may collect sensitive information about you during the course of providing you with services through the Services. We only collect the information that you choose to provide us during the Services and will not collect this without your consent. It is up to you whether you choose to disclose your sensitive information.

(d) By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.

11. THIRD PARTY SERVICES

(a) The Services may be powered by goods or services provided by third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Services is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.

(b) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Services or any issues experienced in any Program.

12. LIABILITY

(a) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Products, the Website, the Services these terms or any other goods or services provided by us provided by us to the value of the Fees (if any) paid for the Services or Products. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.

(b) All express or implied representations and warranties in relation to the Products, the Website, the Services these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.

(c) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.

(d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':

(i) breach of any of these terms;

(ii) use of the Products, the Website, the Services or any other goods or services provided by us; or

(iii) use of any other goods or services provided by us.

(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

13. DISPUTE RESOLUTION

If a dispute arises out of these terms or if you are unhappy with your Product or Services for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Melbourne, Victoria and split the costs of that equally. Where that venue is inconvenient for either or both parties, we will endeavour to conduct the mediation through electronic means (such as videoconferencing). If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t not commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

14. TERMINATION

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, a refund of any advanced amounts paid by you in respect of undelivered Services, unless we have terminated this agreement for your misconduct, harassment, or breach of this agreement, in which case you will not be entitled to any refunds.

15. GENERAL

(a) (Governing law and Jurisdiction) This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(b) (Amendments) These Terms may only be amended by AquaSsage.

(c) (Variation) We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

(d) (Severance) If any part of these conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

(e) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(f) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(g) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(h) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

(i) (Interpretation) In these Terms, the following rules of interpretation apply:

(i) (singular and plural) words in the singular includes the plural (and vice versa);

(ii) (gender) words indicating a gender includes the corresponding words of any other gender;

(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(v) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(ix) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.