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  • 105-2635 Barnet Highway, Coquitlam BC
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TERMS OF SERVICE AND USE

 

ALNA CONTRAST THERAPY SPA INC. 

These terms of service and use (this “Agreement”) govern access to and use of all Services. By accessing any services made available by us, which services may include the use of or access to our website, the creation, registration or use of an online account, participating in any event or activity hosted, sponsored or affiliated by us or at our facilities, you, the Customer (sometimes referred to as “you”), agree to be bound by this Agreement. This Agreement constitutes a legally binding contract between you and ALNA CONTRAST THERAPY SPA INC. (“we”, “us”, or the “Company”). 

BY USING OR ACCESSING THE SERVICES, INCLUDING BY CLICKING A BOX INDICATING ACCEPTANCE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES OR ACCESS THE FACILITIES. THIS AGREEMENT INCLUDES CERTAIN LIMITATIONS ON LIABILITY INCLUDING A WAIVER OF YOUR RIGHTS, PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. 

THIS AGREEMENT CONSTITUTES A CONTRACT TO WHICH THE CONSUMER PROTECTION ACT APPLIES. YOUR TERMINATION RIGHTS UNDER THE CONSUMER PROTECTION ACT ARE SET FORTH IN SECTION 5 BELOW. 

For good and valuable consideration, the Parties agree to the following:

  1. DEFINITIONS.
    1. “Account” means a Customer registered profile (including username and password) used to access certain features of the Platform. 
    2. “Consumer Protection Act” means the Business Practices and Consumer Protection Act (British Columbia) and its regulations. 
    3. “Customer Data” means any data, information, or content submitted or uploaded by the Customer to the Company, as well as any data the Company collects about the Customer in connection with the Customer’s use of the Services (including usage, device, and technical data).
    4. “Facilities” means the thermal contrast spa facilities and other amenities made available to the Customer at our place of business.  
    5. “Fees” means the total of all fees payable for the Services, plus all applicable taxes, in each case as set forth on the booking page of the Platform. 
    6. “Party” or “Parties” means the Company or Customer, as applicable. 
    7. “Platform” means the Company’s website platform and all software applications, content and related materials, including any updates, upgrades, patches, technology and modifications. 
    8. “Privacy Policy” means the Company’s privacy policy which is incorporated into this Agreement by reference. 
    9. “Selected Plan” is defined in section 5 of this Agreement. 
    10. “Services” means all services provided by the Company to the Customer, including but not limited to: (1) use of or access to the Platform, (2) creating, registering for or using an Account, (3), registering for a Selected Plan, (4) all use of and access to the Facilities, including any individual bookings, sessions, classes or events at the Facilities, and (5) attending any classes or events at the Facilities.
  1. GENERAL TERMS OF SERVICES 
  1. All Services, including using or accessing our Platform, registering or creating an Account, purchasing a Selected Plan, any use or access to the Facilities and attending any classes or events at the Facilities, are governed by this Agreement. In exchange for the Fees, the Company will make available the Services to the Customer in accordance with the following:
    1. Certain Services are offered on a shared basis, meaning Facilities and resources may be used by multiple customers simultaneously. Availability of Services may be subject to scheduling and capacity limits, as determined by the Company in its sole discretion; 
    2. Use of the Services is contingent upon the Customer’s compliance with our rules, policies and guidelines as they may be established or modified from time to time. This includes, without limitation, our check-in procedures for access to the Facilities and registration for specific classes, health, safety and sanitary rules, dress code, codes of conduct and etiquette, and class policies; 
    3. We reserve the right to suspend or terminate access to the Service if, in our reasonable opinion, the Customer breaches this Agreement or violates any of our rules, policies or guidelines; 
    4. The scope and nature of Services are subject to change at our discretion, upon reasonable notice to the Customer; 
    5. The Customer must adhere to a code of conduct that promotes respect, safety and courtesy towards all customers and staff. Inappropriate behavior, including bullying, rudeness, harassment, discriminatory conduct or any form of abuse, will result in disciplinary action, up to and including termination of the Customer’s access to Services;
    6. Services are exclusively for the use of the Customer; they cannot be transferred, shared, or utilized by non-customers without explicit permission from the Company. Violation of this policy may lead to immediate termination of membership and access to Services. 
  2. Customer Conduct Generally. Your use and access to the Services are for your own personal use and for no other purpose, you will not use the Services as a service for or on behalf of any other third-party. You will only use the Services in a manner consistent with all applicable laws, and you will not use the Services in any manner that  is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable, you will not impersonate or attempt to impersonate another person or entity or misrepresent you or your affiliate with another person or entity. You must abstain from the use of drugs or alcohol while utilizing any of the Facilities and to refrain from participating in any Services while under the influence of drugs or alcohol. For the safety and comfort of all guests, horseplay, roughhousing, and any form of sexual activity are strictly prohibited within the Facilities.
  1. CUSTOMER REPRESENTATIONS AND WARRANTIES
    1. General Representations and Warranties. You represent and warrant that: (1) you are of legal age to enter into a binding agreement; (2) all Customer Data you provide is true and correct, and you will promptly update all Customer Data you provide in order to keep it true and correct.
    2. Health Assessment. You represent and warrant that you are in good health and capable of participating in the Services and using the Facilities. Services may include the offering of thermal contrast therapy such as hot and cold baths, dry and wet saunas, spaces and equipment for stretching and light physical activity, breathing and meditation classes and activities, and exposure to very hot and very cold temperatures. It is your responsibility to consult with a healthcare professional prior to participation in any Services. 
    3. Notice regarding thermal contrast. Prolonged exposure or participation in thermal contrast therapy including the use of warm or cold baths or saunas may in some cases result in adverse health effects including lightheadedness, dizziness, difficulty breathing or discomfort. You must immediately stop participating in the Services if you experience these effects at any time. 
    4. Notice regarding photosensitive seizures. The Services may include visual simulations such as flashing lights or patterns that may appear in video which can, in very rare, instances be connected with seizures or blackouts in a very small percentage of people. Immediately stop participating in the Services and consult a doctor if you experience any seizure or related symptoms.
  2. FEES AND BILLING AUTHORIZATION  
    1. You agree to pay all Fees as set out on the booking page of our Platform at the time of purchase and you authorize us to bill your credit card for all Fees.  
  1. MEMBERSHIP PLAN TERMS
    1. Single Bookings. All bookings, including drop-in sessions and membership enrolments, will be completed through our Platform. Any single bookings or series of multiple single bookings (whether a drop-in session or specific class or activity) are sold as-is and are not refundable. 
    2. Selected Plan Tiers. By purchasing a membership enrolment you agree to the membership tier, booking types, pricing, access rights, usage limited, renewal terms and other conditions applicable to that selection, as displayed on our Platform at the time of purchase (the “Selected Plan”). Your Selected Plan forms part of this Agreement and governs your access to and use of the Services. The Company may offer multiple enrolment, drop-in and membership tiers and booking options, each with different benefits and restrictions, and you will only be entitled to the rights and services associated the Selected Plan. 
    3. Term. The term of the Selected Plan commences on the start date as set forth in the Selected Plan and continues for the initial period as set out in the Selected Plan (the “Term”). At the end of the Term, the Selected Plan automatically terminates unless the Parties enter into a new extension or renewal term. 
    4. Termination by Customer. Notwithstanding the Term, and subject to the subsection 5(g) below under the heading “Punch Card Plans and Single Bookings”, the Customer may terminate a Selected Plan: (a) within 10 days of having received a copy of this Agreement pursuant to the subsection below under the heading “Consumer Protection Act”; (b) at any time upon not less than 30 days’ advance written notice of cancellation; or (c) at any time due to a material change in the Services or the circumstances of the Customer. In case of cancellation by the Customer pursuant to (c), the Company will refund any prepaid Fees for the unutilized portion of the Term, as the Customer’s sole remedy.  In case of cancellation by the Member pursuant to (b), the Selected Plan will remain active until the termination of such 30-day period and the Member will pay all Fees until such date. 
    5. Termination by Either Party. A Selected Plan may be immediately terminated in the event there is a material breach of this Agreement by the other Party. 
    6. Termination by the Company. The Company may terminate a Selected Plan at any time for any reason up to not less than 30-days written notice, or immediately in the event the Company no longer occupies any of its Facilities.
    7. Consumer Protection Act. The Customer may cancel a Selected Plan until 10 days after the Customer receives a copy of this Agreement, without any reason to cancel. The Customer must give notice of cancellation at the address set forth in this Agreement, by a method that allows the Customer to provide the giving of notice, including registered mail, electronic mail or personal delivery. If the Customer sends the notice of cancellation by mail or electronic mail, it does not matter if the Company receives the notice within the required period provided that the Customer has sent such notice within the required period. If the Customer cancels the Selected Plan pursuant to this section, the Company must refund any fees to the Customer within 15 days after the notice of cancellation has been given. Customers may have additional rights and remedies pursuant to the Consumer Protection Act which are in addition to those rights and remedies set out in this Agreement. This Agreement is intended to comply in all respects with the requirements of the Consumer Protection Act. In the event that any provision of this Agreement is found to be inconsistent with or in contravention of the Consumer Protection Act, such provisions will be deemed to be severed or amended, as necessary, to the minimum extent required to comply with the Consumer Protection Act, without affecting the validity or enforceability of the remaining provisions. Nothing in this Agreement will be construed as waiving, limiting or restricting any right or remedy available to the Customer pursuant to the Consumer Protection Act. 
    8. Punch Card Plans. To the extent that the Selected Plan constitutes a prepaid purchase of a specified number of visits or sessions, such Selected Plan is sold as-is and is non-refundable. Each prepaid purchase of a specified number of visits or sessions is valid for 24 months from the start date as set forth at the time of purchase. Any unused visits or sessions after such 24-month period are forfeited. In no event will any visits or sessions be refunded, credited or transferred to another person.
  1. WAIVER OF RIGHTS AND LIMITATION OF LIABILITY
    1. THE CUSTOMER RELEASES, INDEMNIFIES, AND FOREVER DISCHARGES THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRACTORS, AND OWNERS (COLLECTIVELY, THE “RELEASEE”) OF AND FROM ANY AND ALL MANNER OF ACTIONS, CAUSES OF ACTION, LOSS, DAMAGE, EXPENSE, SUITS, CONTRACTS, CLAIMS, DAMAGES, AND PERSONAL INJURY, OF ANY NATURE OR KIND WHATSOEVER, WHETHER IN LAW OR IN EQUITY OR PURSUANT TO STATUTE (COLLECTIVELY, “CLAIMS”), WHICH AS AGAINST THE RELEASEE OR ANY OF THEM THE CUSTOMER EVER HAD, NOW HAS OR AT ANY TIME HEREAFTER MAY HAVE, ARISING OUT OF THE CUSTOMER UTILIZING THE FACILITIES OR PARTICIPATING IN THE SERVICES. 
    2. USE AND ACCESS IN AND TO THE SERVICES AND THE FACILITIES ENTAILS KNOWN AND UNTANTICIPATED RISKS AND MAY POSE PHYSICAL RISK TO THE CUSTOMER OR DAMAGE TO PROPERTY, INCLUDING, WITHOUT LIMITATION, SERIOUS INJURY, BURNS, HEART ATTACKS, HEADACHES, SEIZURES, HEART INJURIES, EMOTIONAL OR MENTAL INJURY OR DEATH, TO THE CUSTOMER OR THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, RISKS ALSO INCLUDE INJURY AS A RESULT OF THE PARTICIPATION OF ANY EVENTS OR ACTIVITIES AT THE FACILITIES BY OTHERS, INCLUDING THE TRASNIMISSION OF ILLNESS OR DISEASE. 
    3. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF RELATING TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE FEES ACTUALLY PAID BY THE CUSTOMER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 
    4. Participation Risks. The Customer expressly acknowledges and agrees that the Customer’s use of the Facilities and participation in the Services entails known and unanticipated risks and may pose physical risk to the Customer or damage to the Customer’s personal property and the Customer may suffer injury or loss, including, without limitation, serious injury to body, emotional or mental injury, or death to the Customer or to third parties.  Without limiting the foregoing, risks also include injury to the Customer as a result of the participation in the Services by others, which may include the transmission of illness or disease or the harmful conduct of others. All expenses associated with medical assistance will be the Customer’s responsibility and will not be paid for by the Releasee. Use of the Services or Facilities may result in damage, theft or loss of personal property, and the Company will not be responsible for any such damage, theft or loss which occurs in connection with your use or participation in any Services or the Facilities. 
    5. Voluntary assumption of risk. The Company’s agreement to permit the Customer to use the Facilities and partake in the Services is based on the strict understanding that the Customer assumes all of the risk involved in using the Facilities and partaking in the Services, including the risks as set out in this section and that neither Company nor any other of the Releasees will be held responsible in any way should the Customer or others become injured or suffer any adverse consequences as set out in this section, even if such injury or adverse consequence arises from faulty or improperly maintained equipment, incomplete or inadequate instructions, or the negligence or actions of the Releasee or others. 
  1. DISCLAIMER OF WARRANTY
    1. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN OR AS REQUIRED BY LAW, THE COMPANY MAKES NO (AND HEREBY DISCLAIMS) ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO ANY HEALTH OR OTHER BENEFIT THAT MAY BE DERIVED FROM OR IN CONNECTION WITH ANY USE OF THE FACILITIES. 
  1. INDEMNIFICATION 
    1. You agree that you will defend, indemnify and hold harmless the Company and its affiliates against any claim, demand, suit or proceeding made or brought against it: (i) arising from your use of the Platform Services or Facilities in an unlawful manner; (ii) arising from your violation of this Agreement; (iii) arising from any errors in, or incorrect Customer Data submitted by or on your behalf to the Platform, in each case including reasonable legal fees and costs finally awarded against the Company as a result of, or for any amounts paid by the Company under a settlement in respect of, the foregoing claims.
  1. ACCOUNTS
    1. If you register for an Account, you will register for such account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You agree to notify the Company immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another person. 
  2. INTELLECTUAL PROPERTY
    1. Reservation of Rights. The Company, its affiliates, and its licensors reserve all of their right, title and interest in and to the Platform and all intellectual property rights in and to, among other things, the Company’s name, logo, trade names, trademarks, copyrights and all content made available on or through our Platform, including any class images, texts, graphics, videos, photography, instructional or educational content or other data. No rights are granted to any Customer hereunder other than as expressly set forth herein. 
    2. License by Customer to Use Feedback. You grant us and our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into our services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our or our affiliates’ Platform or the Services.
  1. PRIVACY AND CUSTOMER DATA
    1. Use of Information. We may collect and use certain information, including Customer Data, for the purposes of providing the Services. The collection and use of all such information is governed by this Agreement (including our Privacy Policy, as it may be amended from time to time), which is incorporated into this Agreement by reference and which form an integral part of this Agreement. Our Privacy Policy can be found here: [insert link to Privacy Policy]. You agree to the Company collecting, using, accessing and storing Customer Data for its legitimate business purposes, and disclosing Customer Data to its affiliates and subcontractors for the purposes of providing the Services. 
    2. Security Disclaimer. We do not guarantee the security and confidentiality of any information transmitted to us via any website or by e-mail. 
    3. Aggregated Data. We may collect and use data, that is not Personal Data (as defined in our Privacy Policy), derived from the Customer’s use of the website (“Non-Identifiable Aggregated Data”) for our reasonable business purposes, including but not limited to improving the website and Services. We may (a) make Non-Identifiable Aggregated Data publicly available in compliance with applicable law, and (b) use Non-Identifiable Aggregated Data to the extent and in the manner permitted under applicable law.
    4. Third-party products or services.  Our Platform may contain links to, or integrations with, third-party websites, products, or services that are not owned or controlled by us, including third-party payment processors and account integrations (“Third-Party Services”). The Company does not endorse, and is not responsible or liable for, the availability, functionality, accuracy, content, or practices of any Third-Party Services. Any use of such Third-Party Services is at the Customer’s own risk and subject to the terms and policies of those providers. The Company disclaims all warranties and liabilities arising from or relating to Third-Party Services.
    5. Disclaimer of warranties. The Company makes no warranty that information, software or other material accessed or viewed in connection with the Platform will be free of viruses, bots, worms or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network. The Company will not take any responsibility for any third party advertisements or any products or services provided by third parties. 
    6. Consent to Electronic Communications. By using the Service, you agree to receive all notices and communications electronically, including account-related and service-related information, and acknowledge that these electronic communications satisfy legal requirements for written notice. You are responsible for any charges imposed by your telecommunications or other service providers, including text, data, or related fees.
  1. ACCEPTABLE USE OF PLATFORM
    1. In connection with the use or access of our Platform, the Customer will Customer not in any way: (1) engage in illegal, fraudulent, violent, harassing, defamatory, or discriminatory activities or behavior; (2) offer fake reviews; (3) upload or share misleading, false, or deceptive content; (4) circumvent or attempt to bypass any security measures on our Platform; (5) use our Platform to distribute malware, viruses, other malicious code; (6) interfere with or disrupt the performance or integrity of our website; (7) access or attempt to access systems or data not intended for the Customer; (8) disassemble, reverse engineer, or copy the Platform or its features unless explicitly allowed by law; (9) use our Platform to develop or promote competing products or services; (10) collect, scrape, or harvest personal data from the Platform without permission; or (11) frame or link to content without written authorization. 
  1. GENERAL 
    1. Modification. This Agreement may be amended, updated or modified from time to time by the Company in its sole discretion. Any changes will become effective upon posting the revised Agreement on the Platform or by providing notice to the Customer through reasonable means, including email or account notifications. Continued use of the Services after such changes have been posted or communicated constitutes your acceptance of the modified Agreement. If you do not agree to any modification, you must immediately cease using the Services. 
    2. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and the parties agree to attorn to the exclusive jurisdiction of the courts situated in the Province of British Columbia.
    3. Currency. All references to a dollar amount are expressed in the lawful currency of Canada. 
    4. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties concerning the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, concerning such subject matter.  
    5. Force Majeure. In no event will the Company be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond the Company’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, epidemic, pandemic, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. The suspension of performance will be of no greater scope and no longer duration than is necessary, and the Company will use commercially reasonable efforts to remedy its inability to perform.
    6. Relationship. This Agreement will not be construed as creating any partnership, joint venture, or agency among the parties, and no party will be deemed to be the legal representative of any other party for this Agreement.  
    7. Headings. The headings used in this Agreement are for convenience and reference only and will not affect the construction or interpretation of the Agreement.
    8. Waiver. The waiver by any party hereto of a breach or a default of any provision of the Terms by another party will not be construed as a waiver of any succeeding breach of the same or any other provision, nor will any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.
    9. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 
    10. Assignment. The Company may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the Customer’s prior written consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
    11. Gender, Plural and Singular. In this Agreement, unless the context otherwise requires, reference to a gender includes all genders and the plural includes the singular and vice versa, “or” is not exclusive and “including” is not limiting, whether or not such non-limiting language (such as “without limitation” or “but not limited to”) is used with reference to it, and modifications to the provisions of this Agreement may be made accordingly as the context requires.
    12. Survival. This Agreement will survive the completion of the Services, including the closure of any Account.
    13. Enurement. The Agreement will enure to the benefit of and be binding upon the parties and, except as otherwise provided or as would be inconsistent with the provisions of this Agreement, their respective heirs, executors, administrators, successors and permitted assigns.
    14. Contact. Any questions, feedback or notices under this Agreement can be sent by email to hello@alnaspa.ca or personal delivery at 105-2635 Barnet Highway, Coquitlam, British Columbia, V3E 1K9.