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HABITAT WELLNESS, INC 
TERMS & CONDITIONS

These Terms and Conditions of Sales (the “Conditions”) govern the purchase of products and services offered for sale on this website (the “Website”). The Conditions constitute an agreement between you (“you“) and Habitat Wellness Inc. (“Habitat Wellness”).

1. Acceptance of Conditions

By submitting your order or reservation on the Website, you acknowledge and agree to comply with these Conditions and not to purchase any products or services for resale.

2. Description of Products and Services

Habitat Wellness makes every effort to produce the most accurate information possible on the Website. However, Habitat Wellness provides no guarantee that the description of products and services offered on the Website, their photographs or any other information on the Website is accurate, complete, reliable, current and/or error-free.

3. Conditions of Use & Cancellation Policy applicable to Certain Products and Services

The following conditions of use apply to the products and services offered for sale on the Website:

a. Monetary Gift Cards: Gift cards purchased online are delivered electronically. Gift cards are non-refundable and non-redeemable for cash. It is not possible to redeem a monetary gift certificate online, but it can be applied at the time of your spa visit. Some conditions apply.

b. Promotional Gift Cards: Promotional gift cards or gift certificates are redeemable exclusively at the indicated destination. Please note that these gift cards may have an expiry date and may not be valid on peak dates. Check your gift card or certificate for details.

c. Punch Pass: Each Punch Pass has its own Terms and Conditions that the guest is required to accept at the time of purchase. Discounts or promotions cannot be applied to the purchase.

d. Single Session Reservations: Any cancellation or reschedule made less than 48 hours will be non-refundable.

e. Private Group Reservations: purchases are not refundable but they may be rescheduled if Habitat is contacted 7 days prior to arrival. 

f.Memberships: Memberships auto renew monthly with the credit card on file until cancelled by the client. Habitat reserves the right to cancel, interrupt or reschedule any reservation. 

g. Hydrotherapy Sessions: No promotion or discount can be combined to any reservation. hydrotherapy is not recommended if you are pregnant. Guests must have reached the age of majority, which in Canada is 18 years. Bookings are guaranteed for up to 30 minutes after your selected meeting time. Locker provided free of charge. Bathing suits are mandatory, and sandals are recommended for spa access. 

4. Errors on the Website

Habitat Wellness reserves the right to revoke any offer appearing on the Website, to refuse or cancel any order or reservation, and to correct any mistake, inaccuracy, or omission on the Website, and to do so at any time without notice, even after an order or reservation has been submitted and even if the order or reservation has been confirmed and/or your credit card has been debited. If your credit card has been debited and your order or reservation is canceled, Habitat Wellness will reimburse you the full amount debited, via the original payment method.

5. Order and Reservation

a. Prices Unless otherwise expressly indicated at the time of sale, prices displayed on the Website do not include applicable taxes and the cost of shipping, if any, and they may be changed any time without notice. You are responsible for any sales, use, excise, value added, or similar sales taxes that may apply to your order or reservation, which will be added to your total invoice price during the checkout process. All prices posted on the Website are in Canadian Dollars. The price charged for the products ordered and the services reserved will be the price in effect at the time of your order, as stipulated in your order confirmation. 

b. Method of Payment The credit cards approved for online reservations/payments are VISA, MasterCard or AMEX. To minimize fraud and unauthorized charges to your credit card, we verify the validity of transactions by using Address Verification Service (AVS), CVV and 3D Secure (3DS

c. Validation of Information provided in your Order

After you place an order or make a reservation on the Website, Habitat Wellness will validate the information you provided by verifying your method of payment, billing address and shipping address, where applicable. Habitat Wellness will also verify the availability and quantity of the products and/or services you requested. Habitat Wellness reserves the right to limit quantities of products and/or services that you can purchase and/or reserve.

  1. Acceptance/Confirmation of your Order

You will receive an e-mail confirmation of any order placed on the Website. Confirmation of an order sent to you by e-mail or otherwise does not imply that Habitat Wellness has accepted your order. Any time after you submit your order, Habitat Wellness reserves the right to accept or refuse that order for any reason whatsoever. If your order is refused, Habitat Wellness will reimburse you the amount debited via the original payment method.

  1. Shortages

Habitat Wellness cannot guarantee the availability of all products and services offered on the Website. Consequently, all orders submitted on the Website are subject to availability. If a product is out of stock or a service is unavailable, Habitat Wellness will communicate with you and advise you of the shortage or lack of availability. Habitat Wellness will cancel the order and reimburse you the debited amount via the original payment method.

  1. Delivery

a. Delivery Period

Gift cards ordered on the Website will be delivered electronically within twenty-four (24) hours from order confirmation. Any other products ordered on the Website will be subject to delivery fees and shipped within approximately fourteen (14) days from order confirmation. Notwithstanding the foregoing, deliveries can take longer, including deliveries in certain remote areas.

Habitat Wellness reserves the right to change your delivery date at any time, upon notice. Notice will be given via email at the email address provided by you. If you do not receive your order on the scheduled delivery day or if you receive products that do not meet your expectations (or are missing), please notify Habitat Wellness within seventy-two (72) hours.

b. Delivery Area

Habitat Wellness delivers products within Canada only.

  1. Force Majeure

Habitat Wellness will not be responsible for any delay or failure to perform its obligations under these Conditions or otherwise, which arises out of or is due to unforeseeable events or events independent of the intention of the parties, such as but not limited to events of force majeure (“Force Majeure Events”), including, by way of example and not of limitation, all events of war, terrorist actions, interventions and prohibitions of official authorities, delays and damage in transport, inclement weather, lack of energy, financial crises, labor conflicts, epidemics, pandemics as well as delays in delivery on the part of suppliers for any reasons. Delivery times will be prolonged where any Force Majeure Event occurs.

  1. Product & Service Warranty and Liability

THIS CLAUSE IS NOT APPLICABLE TO CONSUMERS RESIDING IN QUEBEC OR ANY OTHER JURISDICTION WHERE PROHIBITED BY LAW: TO THE EXTENT PERMITTED BY LAW, HABITAT WELLNESS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PRODUCTS & SERVICES. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED. THE LIABILITY OF HABITAT WELLNESS, IF ANY, FOR DAMAGES ARISING FROM OR RELATING TO ALLEGEDLY DEFECTIVE OR DAMAGED PRODUCTS SHALL BE LIMITED TO THE ACTUAL PRICE PAID FOR SUCH PRODUCTS & SERVICES. THE LIABILITY OF HABITAT WELLNESS, IF ANY, FOR ANY OTHER DAMAGES WILL ONLY ARISE FOR DAMAGES CAUSED BY HABITAT WELLNESS’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

  1. General Liability

HABITAT WELLNESS SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND THAT YOU OR OTHERS MAY SUFFER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR REVENUES OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO HABITAT WELLNESS’S PERFORMANCE HEREUNDER, ITS PRODUCTS OR SERVICES, EVEN IF HABITAT WELLNESS KNEW OR SHOULD HAVE KNOWN OF THE POTENTIAL FOR ANY SUCH DAMAGES.

  1. Governing Law and Jurisdiction

If you reside elsewhere in Canada: These Conditions and all related matters shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to the rules of private international law or conflict of law rules, which would result in the application of other laws. Any dispute between Habitat Wellness and you or anyone else arising from, connected with, or relating to these Conditions or any related matter must be resolved before the courts sitting in the District of Vancouver, in the Province of British Columbia, Canada and you hereby irrevocably submit and consent to the exclusive jurisdiction of these courts in respect of all disputes.

13. Waiver

Any consent by Habitat Wellness to, or waiver of, a failure on your part to comply with the provisions hereof, whether such consent or waiver is expressed or implied, shall not constitute consent to, or a waiver of, any subsequent or different failure.

14. Severability

Should a provision of these Conditions be determined to be invalid, unlawful, null, or unenforceable by a court of competent jurisdiction, this provision shall be interpreted to reflect the intention of the parties and the other provisions herein shall remain valid and in force.

15. No Benefit of Third Party and Assignment

The Conditions apply for the benefit of Habitat Wellness, its suppliers and subcontractors, and their respective successors, assigns and related persons, and are binding, and apply for your benefit and to that of your heirs, executors, administrators, successors, assigns and personal representatives (and to those of the people you represent), and bind you. You and the persons you represent may not assign your rights and obligations under these Conditions without first obtaining the express written consent of Habitat Wellness, who may in its discretion deny such. Habitat Wellness may assign its rights and obligations under these Conditions without your consent or the consent of those you represent.

16. Language

You expressly request that these Conditions and any other document or communication related thereto be drafted in English only. Please note they are also available in French.

17. Updating of Conditions

Habitat Wellness may at any time and without notice, modify these Conditions by updating this page of the Website. Please consult this page regularly to review the Conditions in effect, which constitute the terms and conditions of purchase of the Products offered on the Website. The Conditions in force when you place an order on the Website apply to that order and are binding on you.

18. Questions/Comments

For any questions and/or comments, about your order (including a request to change or cancel an order or reservation), contact Habitat Wellness by email hello@habitat-wellness.com

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