By registering for and creating a Mobile Wellness Card (your "Wellness Card") with Blackhawk Issued Content, LLC ("Spafinder") via Spafinder's Mobile Application (the "Application") you agree to adhere to and be bound by these terms and conditions. If you do not agree with any part of these terms and conditions you may not use your Wellness Card. Your use of the Wellness Card and the Application is also governed by our User Agreement the terms of which are incorporated herein.
Your Wellness Card is issued to you by Spafinder. To use your Wellness Card you must download the Application. You are solely responsible for the implementation and usage of the Application. You should regularly check for updates to the Application and promptly download updates when available. The Wellness Card and Application are not directed to individuals under the age of thirteen (13). Only individuals thirteen (13) years of age or older may use the Wellness Card. Users between the ages of thirteen (13) and eighteen (18) must review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to this Terms and Conditions. Should User's parent or legal guardian not acknowledge and agree to this User Agreement, User must immediately discontinue use of the Wellness Card and Application, including uninstalling the Application if it has already been installed. You represent that you are of sufficient legal age to use the Wellness Card and to create binding legal obligations for any liability you may incur as a result of the use of the Wellness Card.
2. YOUR ACCOUNT.
You are responsible for all transactions on your Wellness Card. You are responsible for maintaining the confidentiality of your account information, your password and your login information. You agree to accept responsibility for all activities that occur under your account or password. By selecting your communication preferences during registration, email, SMS (text messaging) or Push Notification during registration, you agree to have promotional and informative communications to be sent periodically to you by Spafinder. Please note, for your security and added protection, any transactional or account modification notices will result in a mandatory email notification to your account.
3. UPLOADING FUNDS TO YOUR WELLNESS CARD.
You can upload Spafinder gift certificates and gift cards ("gift cards") to your Wellness Card. (Note: "Bonus" gift cards which carry an expiration date cannot be uploaded to your Wellness Card.) When you upload a gift card to your Wellness Card, the value of the gift card being uploaded will be transferred to your Wellness Card and the gift card will thereafter retain a "zero" balance and will not be available for future use. You can upload as many gift cards to your Wellness Card as you like, and the value of all gift cards uploaded will be added to the cumulative value of your Wellness Card. You can also upload dollar funds to your Wellness Card via credit card or debit card from time to time.
All gift cards and dollar funds (including rewards) that are uploaded to your Wellness Card are only available for the purchase of services and products at participating Spafinder merchant partners (visit www.spafinder.com for the most up to date listing of Spafinder merchant partners). Your Wellness Card is not a bank account, deposit account or credit card. Except as otherwise required by applicable law, the funds on your Wellness Card (including rewards) are not refundable and may not be redeemed or returned to you as cash. The funds on your Wellness Card (including rewards) do not accrue interest.
To upload additional dollar funds to your Wellness Card you will need a valid credit card or debit card. All dollar funds uploaded will be in the denomination of the country where the Wellness Card was first created (the "home currency"). (If you use your Wellness Card in a different country, the transaction will be converted from the local currency to the home currency at the exchange rate in effect on the date of reconciliation.) Instructions for uploading dollar funds to your Wellness Card can be found by clicking the CARD icon in the Navigation Menu. Spafinder may limit or change from time to time the value you are permitted to upload to your Wellness Card.
You can also arrange for automatic reloading of your Wellness Card. Instruction for automatic reloading can be found at in our FAQ, located at the PROFILE icon, then within the GEAR icon on the App. You may check the balance of your Wellness Card at any time by visiting the HOME icon in the Navigation Menu.
4. MY 365 REWARDS.
You will earn My 365 Reward points by using your Wellness Card. As you attain certain point levels you will have the opportunity to claim additional dollar value as a reward ("Bonus WELLth") and have it added to your Wellness Card.
You will earn points by taking any of the following action:
(a) Add dollar value to your Wellness Card via credit card or debit card (earn 1 point for every $2 of value added) (Note: uploading a gift card to your Wellness Card does not qualify as "adding dollar value".)
(b) Post an online review of any of our worldwide network partner locations (earn 10 points) (Note: Only your first 4 accepted reviews during each calendar month will earn rewards points. All submitted reviews are subject to our Online Review Guidelines and Standards located //www.spafinder.com/about/useragreement.jsp.
(c) Book appointments & classes on either www.spafinder.com or through the Application (earn 10 points) (Note: Only completed appointments and classes will earn points. Cancellations/no-shows do not earn points.)
(d) Pay for your appointment or class using the Application (earn 1 point for every $2.50 spent)
For every 500 points you earn, you will have the opportunity to claim $25 of Bonus WELLth and have it added to your wellness Card. (Note: you must claim Bonus WELLth for it to be added to your Wellness Card. Bonus WELLth that is not claimed may expire due to account inactivity. In addition, claiming Bonus WELLth and having it added to your Wellness Card does not qualify as "adding dollar value"
As you attain certain point levels you will receive upgraded Wellness Champion level status. Users who have earned up to 1499 points during their lifetime, are Bronze Level Champions. Users who have earned 1500-2999 points are Silver Level Champions. Users who have earned 3000 or more points are Gold Level Champions. (Note: If your points expire due to account inactivity, your lifetime points will be reset to 0.).
Your points will automatically expire after 18 months of user account inactivity. Bonus WELLth that is not claimed and added to your Wellness Card will automatically expire after 18 months of user account inactivity. Your user account will be considered "inactivate" if, during any 18 month period:
(a) you have not earned or redeemed any points, or
(b) your user account has been canceled.
Although points and Bonus WELLth may expire, the dollar value on your Wellness Card never expires.
6. EXCLUSION OF WARRANTY.
SPAFINDER (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING YOUR USE OF THE APPLICATION AND THE WELLNESS CARD, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. SPAFINDER DOES NOT WARRANT THAT THE APPLICATION AND/OR WELLNESS CARD WILL OPERATE ERROR FREE. THE APPLICATION AND/OR WELLNESS CARD MAY CONTAIN INACCURACIES OR ERRORS. SPAFINDER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER SPAFINDER NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE APPLICATION AND/OR WELLNESS CARD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY.
SPAFINDER (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, THE APPLICATION AND/OR THE WELLNESS CARD OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO THEREFROM. IN NO EVENT SHALL SPAFINDER (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND REPRESENTATIVES) OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE APPLICATION AND/OR WELLNESS CARD OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY, OR (C) THE PERFORMANCE OR NON PERFORMANCE BY SPAFINDER OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL SPAFINDER BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWERS FAILURES, STRIKES, LABOR DISPUTES, ROTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACTS OF TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
If, notwithstanding the foregoing, Spafinder or any third party provider, partner or affiliate should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Application or Wellness Card, the liability of Spafinder and the third party providers, partners and affiliates shall in no event exceed US$100.00. In its sole discretion, in addition to any other rights or remedies available to Spafinder and without any liability whatsoever, Spafinder at any time and without notice may terminate or restrict your access to any component of the Application and/or Wellness Card. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
You agree to and shall defend and indemnify and hold Spafinder and any third party providers, partners and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of, relating to, or arising from your use of the Application and/or the Wellness Card, the use of your account by and other person or persons, or your breach of these terms and conditions.
9. THIRD PARTY RIGHTS.
The provisions of paragraphs 6 (exclusion of warranty), 7 (limitation of liability) and 8 (indemnification) are for the benefit of Spafinder and its officers, directors, employees, agents, representatives, affiliates, third party providers and partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
The Application may contain links to other websites that are provided solely as a convenience to you and not as an endorsement by Spafinder of the contents of such other websites. Spafinder is not responsible for the content of linked websites and do not make any representations regarding the accuracy or content of the materials on such linked Web sites. If you decide to access linked websites, you do so at your own risk.
The relationship between Spafinder and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
12. GOVERNING LAW.
These terms and conditions and their performance shall be governed by the laws of the state of Florida, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in Miami Dade county, the state of Florida, United States of America, in all questions and controversies arising out of your use of the Application and/or the Wellness Card and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of the Application and/or the Wellness Card is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
13. ATTORNEY'S FEES.
If Spafinder take any action to enforce this Agreement and these terms and conditions, it will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Spafinder may be entitled.
14. INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of any of this Agreement and these terms and conditions will cause such damage to Spafinder as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Spafinder shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Spafinder in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Spafinder may terminate use of its Application and/or Wellness Card and this Agreement and these terms and conditions at any time for any reason. Such termination shall not affect any right to relief to which Spafinder and its third party providers, partners and affiliates may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Spafinder and its third party providers, partners or affiliates, as applicable.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
17. ADDITIONAL TERMS.
Additional terms and conditions may apply to purchases of goods and services through the Wellness Card, and you agree to abide by such other terms and conditions.
18. MODIFICATION OF THESE TERMS.
These Terms and Conditions may be modified at any time by Spafinder in its sole discretion by posting revisions on the Spafinder website ( www.spafinder.com ) or in the Application. Continued use of the Wellness Card after the posting of any modification will indicate the User's acknowledgement of and consent to such modification.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
21. ENTIRE AGREEMENT.
This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Sites.
Should you have any questions regarding the Wellness Card or this Agreement, you may contact us at:
Mobile Wellness Card
333 SE 2nd Avenue, Suite 3750
Miami, FL 33131
This Agreement is updated and effective as of February 26, 2016