The Terms of Service (this "Agreement") are entered into by Sawasdee Thai SPa. and the entity executing this Agreement ("You"). This Agreement governs Your use of the standard Sawasdee Spa Services (the "Service"). BY COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:
"Account" refers to the user account for the Service provided by Sawasdee Thai Spa. Only if a user holds an account will he/she be able to book or edit a therapy.
"Profile" means the collection of settings that together determine the information to be included in, or excluded from, a particular Report. For example, a Profile could be established to view a small portion of a web site as a unique Report, page, or information available to the user who is logged in.
"Services" means the therapies that we provide as a part of Health Care with a charge applied.
"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Confidential Information also includes, email ID, password, cell/mobile number, address.
"Guest/Customer/Clients Data" means the data we collect, process or store used to provide hassle free Services concerning the characteristics and activities of Visitors.
"Documentation" means any accompanying documentation made available to You by Sawasdee for use of availing the services, including any documentation available online.
"Property" means any web page, app, or other property under Sawasdee's control that sends to the user through the website or e-mail.
"Report" means the resulting analysis in Profile for the use of customer/clients/guests for analytical purpose. Not Necessarily, all the analytics will have 'Report' word.
"Third Party" means any third party (i) which is listed in our website that is not Sawasdee's Property. The information provided by third party may be useful for the visitors, hence it will/might be displayed.
"Visitors" means the users who uses our website for accessing the information.
The words "include" and "including" mean "including but not limited to."
To register for the Service, You must complete the registration process by providing us with current,
complete and accurate information as prompted by the registration form, including Your e-mail address (username)
and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts.
You are solely responsible for any and all activities that occur under Your Account. You will notify us immediately upon
learning of any unauthorized use of Your Account or any other breach of security. Sawasdee's (or its wholly-owned subsidiaries')
support staff may, from time to time, log in to the Service under Your clone profile without using your credentials
in order to maintain or improve service, including to provide You assistance with technical or billing issues.
We dont have access to your Passwords. In case you have lost your password, you may reset it through the 'Forgot Password' option given on our website.
Its been understood by registering, you are providing the correct and appropriate information to avail the services. Any change in the information needs to be updated when and where required in the website. Sawasdee will not be responsible for any incorrect information provided by You, in terms of normal use of the website or any proceedings against you. Membership means any users who register with us with a charge mentioned for the membership in our website, will be eligble and known as Membership Guest with Sawasdee.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
This policy is for the third party vendors, who want to place or add their offers, marketing plans on our website.
For user Convenience as of now we have given a "Pay on Visit" option. Visitors can book the therapies online on our website. We would confirm via e-mail about the confirmation of your booking. Once the confirmation is received, you may visit us and avail the therapy by paying through your debit or credits cards or by cash.
Guests/visitors/CustomerS can book a therapy online or by calling us. Bookings are subject to availability of time slots, rooms and the therapists. Only when we confirm, is when your booking is confirmed and you may avail the therapy.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAWASDEE WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF SAWASDEE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
The Service, which includes the website & its content and all Intellectual Property Rights therein are, and will remain, the property of Sawasdee (and its wholly owned subsidiaries). All rights in and to the website & its content not expressly granted to You in this Agreement are reserved and retained by Sawasdee and its licensors without restriction, including, Sawasdee's (and its wholly owned subsidiaries') right to sole ownership of the website & its content and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to):
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Sawasdee will stop providing, and You will stop accessing the website; and we will restrict access and block the accounts thereto in writing to Sawasdee within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees, membership or any other fees, and (b) any outstanding balance for Service rendered through the date of termination will not be payable and (c) all of Your historical Report data will no longer be available to You.
Sawasdee may modify these terms or any additional terms that apply to the Service to from time-to-time, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Sawasdee will post notice of modifications to these terms on their websites or blogs. Changes will not apply retroactively and will become effective no sooner than the days mentioned in the update, after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use of our website. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Sawasdee, (ii) You accept updated terms online, or (iii) You continue to use the Service after Sawasdee has posted updates to the Agreement or to any policy governing the Service.
Sawasdee will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and Sawasdee concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the state of India without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Indian law, rules, and regulations, Indian law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Pune, Maharashtra, India. Any notices to Sawasdee must be sent to: Sawasdee Family Thai Spa., Opp. Domino's Near Jyoti Restaurant,Above Rupee Bank, 2nd Floor NIBM Road, Kondhwa Khurd, Pune 411048 with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without Sawasdee's prior written consent, and any such attempt is void. The relationship between Sawasdee and You is not one of a legal partnership relationship, but is one of independent contractors.
Last Updated: 13th Oct 2015