Terms and Conditions

Welcome to FluteSpa! The services on this site are offered to you by AT2 Inc, parent company of FluteSpa. For the rest of this text, FluteSpa will be used, but it is understood that FluteSpa is a part of AT2 Inc. When you use FluteSpa ("FluteSpa.com", "FluteSpa", "we", "our", "us") you understand that you are subject to the following conditions. If you visit or shop at FluteSpa.com, you accept and agree to abide by these conditions. Please read them carefully. When you use any current or future FluteSpa.com service, you will be also subject to the guidelines and conditions applicable to such service or business. Before placing an order, if you have any queries relating to these terms and conditions, please email our customer service team at info@flutespa.com.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

BY USING THE FLUTESPA.COM SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE FLUTESPA.COM SITE.

Privacy

Please review our Privacy Policy, which also governs your visit to the FLUTESPA.COM site and forms part of these terms, in order to understand our practices.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

 

Electronic Communications

When you visit FLUTESPA.COM or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the FLUTESPA.COM site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the FLUTESPA.COM site - such as text, without limitation, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software - is the property of FLUTESPA.COM or content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content on the FLUTESPA.COM site is the exclusive property of FLUTESPA.COM and protected by Canadian and international copyright laws. All software used on the FLUTESPA.COM site is the property of FLUTESPA.COM or its software suppliers, and protected by Canadian and international copyright laws.

Trademarks

FluteSpa.com, FluteSpa, and other marks indicated on our site are trademarks or registered trademarks of AT2 Inc. in Canada and other countries. FluteSpa graphics, logos, page headers, button icons, scripts, and service names are trademarks of FluteSpa. FluteSpa’s trademarks may not be used in connection with any product or service that is not FluteSpa’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FluteSpa. All other trademarks not owned by FluteSpa or its affiliates that appear on the FLUTESPA.COM site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FluteSpa.

License and Site Access

FluteSpa grants you a limited license to access and make personal use of the FLUTESPA.COM site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of FluteSpa. This license does not include any resale or commercial use of the FLUTESPA.COM site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the FLUTESPA.COM site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.

The FLUTESPA.COM site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FluteSpa. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FluteSpa without express written consent. You may not use any meta tags or any other "hidden text" utilizing FluteSpa’s name or trademarks without the express written consent of FluteSpa. Any unauthorized use terminates the permission or license granted by FluteSpa. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the FLUTESPA.COM home page, so long as the link does not portray FluteSpa or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FluteSpa logo or other proprietary graphic or trademark as part of the link without express written permission.

Accuracy of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Reviews, Feedbacks, Comments, Communications and Other Content

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Risk of Loss

All items purchased from FluteSpa are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Illegal Usage Prohibited

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall AT2 INC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Links to Other Websites

Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. FluteSpa has not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. FluteSpa does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Indemnification

You shall indemnify and forever save harmless FluteSpa, its partners, affiliates, parent company, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this site.

Applicable Law

By visiting the FLUTESPA.COM site, you agree that the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws, will govern these Conditions of Use. The courts of the Province of Quebec shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.

Revision of Terms

FluteSpa may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you and your continued use of this site signifies your acceptance of these revised terms. Certain provisions of these terms may be superceeded by expressly designated legal notices or terms located on particular pages of this site.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Waiver

FluteSpa will not be considered to have waived any of its rights or remedies described in these terms unless the waiver is in writing and signed by FluteSpa. No delay or omission by FluteSPa in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.

Site Policies, Modification and Severability

Please review our other policies, such as our privacy policy, posted on the FLUTESPA.COM site. These policies also govern your visit to the FLUTESPA.COM site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the FLUTESPA.COM site. Your use of the FLUTESPA.COM site will be subject to the version of the Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Conditions of Use prior to using the FLUTESPA.COM site.

YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE FLUTESPA.COM SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Promotional Offers

FluteSpa promotional offers may be subject to promotion specific guidelines and restrictions. In addition to these promotion specific conditions, all regular FluteSpa terms and conditions still apply as usual and are applied at the discretion of FluteSpa management. Orders placed, that infringe on these guidelines can and will result in the cancellation of said order and will be treated as fraudulent.