Joy of Spa Gift Certificate Terms and Conditions

Last Updated: 9/23/09

IMPORTANT -- PLEASE READ: The following agreement (hereinafter "Terms and Conditions" or "Agreement") describes the terms and conditions that apply to the purchase, use and redemption of Joy of Spa gift certificates (each a "JOSGC"). By purchasing or using any JOSGC, you agree to these Terms and Conditions. You may want to keep a copy of for your records. JOSGCs are issued by BoomTime Gift Services, LLC, ("BGS," "we," or "us). This Agreement describes the basic terms that apply to JOSGCs including information regarding our privacy statement, our MUTUAL AGREEMENT TO EXCLUSIVELY ARBITRATE DISPUTES, limitations on damages and how we may make changes to the Terms and Conditions.
Purchasing, Sending and Receiving Gift Certificates

  • BGS is solely responsible for managing and validating the redemption of JOSGCs.
  • JOSGCs are void where prohibited or restricted by law.
  • JOSGCs may not be used to purchase gift certificates of any kind.
  • JOSGCs have no cash value, except as required by applicable law.
  • JOSGCs are not valid until payment has been received and successfully processed (meaning funds are received by BGS).
  • We reserve the right to refuse service or reverse any JOSG purchase for any reason and return the funds to the purchaser.
Redeeming Gift Certificates

 

  • JOSGCs are only redeemable at those businesses that choose to participate in the JOSGC program ("Participants"). Each Participant in the JOSGC is an independent business, which can opt out of the JOSGC program at any time. Therefore BGS cannot guarantee any individual business will accept JOSGCs at any particular time regardless of such business's participation in any program operated by BGS, its agents, vendors, partners, or affiliates.
  • Participants will generally redeem each JOSGC only for the value specified in the JOSGC record (as then reflected in the BGS data base). Each Participant sets its own pricing for its services.
  • If any purchase exceeds the value then recorded for a JOSGC in the BGS data base, the purchaser is responsible for paying the difference at time of such purchase.
  • JOSGCs are not redeemable for cash and cannot be returned for a cash refund except as required by applicable law.
  • JOSGCs do not expire. Any unused balance of a JOSGC will remain until redeemed. The value of a JOSGC may be verified at www.joyofspa.com/gc.
  • For security purposes, any person tendering a JOSGC may be required to show valid ID before it will be honored.
  • Purchase, use and redemption of JOSGCs are also governed by our Privacy Policy.
  • BGS, its agents and vendors, may provide JOSGC buyers with information about the redemption status of JOSGCs they purchase.
Cancellation and Expiration of Gift Certificates
  • BGS reserves the right to immediately invalidate any JOSGC, without notice, should it receive a credit card chargeback or other form of repudiated payment made towards a JOSGC.
  • BGS reserves the right to dishonor any JOSGC, it reasonably believes was not validly purchased, has already been redeemed, or if the person attempting to redeem such JOSGC stole or is otherwise not the beneficiary of the JOSGC intended by the purchaser.
  • BGS makes no representation that it will maintain any personally identifiable data regarding purchasers or recipients of JOSGCs and is not responsible for lost or stolen JOSGCs. BGS will take reasonable steps to verify the legitimacy of a party presenting a JOSGC, cancel fully redeemed JOSGCs, and identify such canceled JOSGS as not valid for further payment of any kind.
  • BGS is not responsible for lost or stolen JOSGCs. BGS may, at its sole discretion, replace a valid, lost JOSGC, provided it has not been redeemed and the replacement can be issued to either the original purchaser or a verifiable recipient. Any such replacement will be the sole and remedy provided to such purchasers or recipients.
  • In the event a JOSGC identification number or bar code is not functional, your sole remedy, and BGS's sole liability, shall be the replacement of such JOSGC.
Miscellaneous Terms and Conditions
  • BGS reserves the right to change these Terms and Conditions from time to time in its sole discretion.
  • BGS is not responsible for emailed JOSGCs that do not reach their intended recipient for reasons beyond its control. Bounced email is not monitored. Receipt of email can be verified only if the recipient of a JOSGC actually uses the URL provided in the email we generate to transmit the JOSGC using an internet browser.
  • If you purchase a JOSCG for a future (rather than immediate) delivery, BGS will generally schedule such delayed email delivery of JOSGCs between 1am and 6am MST on the date purchasers request delivery. BGS is not responsible for late delivery of JOSGCs and cannot guarantee the continuous data communication and availability of its website and is not liable for any technical difficulties in connection with the internet whatsoever, including without limitation, technical disruptions or computer malfunctions.
DISCLAIMERS AND LIMITATIONS OF LIABLITY AND WAIVER OF CLASS ACTIONS.

  • BGS, AND IT'S RESPECTIVE AGENTS AND AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO JOSGCS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. BGS DOES NOT REPRESENT OR WARRANT THAT YOUR JOSGC WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.

  • IN THE EVENT THAT BGS OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR JOSGC PRIOR TO THE EVENTS THAT GAVE RISE TO SUCH LIABLITY. BGS AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BGS OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A JOSGC THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.

  • YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT SEEK TO LITIGATE ANY CLAIMS AGAINST BGS, ITS PARENT COMPANY OR AFFILIATES ON A CLASS ACTION OR REPRESENTATIVE PARTY BASIS AND THAT YOU SHALL PURSUE SUCH CLAIMS SOLELY ON AN INDIVIDUAL BASIS.

  • The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such cases, BGS's liability is limited to the greatest extent permitted by law.


Assignment.
  • We may assign all or part of these Terms and Condition without such assignment being considered a change to the Agreement, and without notice to you. We are thus released from all liability for any such assignment. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by this Agreement.
NOTICE OF ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE.

This Agreement provides that all disputes between you and us will be resolved by BINDING ARBITRATION. In binding arbitration you GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (EXCEPT for matters that may be taken to SMALL CLAIMS COURT). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING , BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are FINAL, BINDING, as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

  • Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your purchase or use of the JOSGC (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.

  • Arbitration Procedures. You must first present any claim or dispute to us in writing by sending them to the attention of "Support" at the address set forth below to allow us an opportunity to resolve the dispute. If such dispute is not resolved within sixty (60) days, you may request arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA"). The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law.

  • Location of Arbitration. When reasonable, the parties will conduct arbitration proceedings by telephone or electronic data transmission. If the circumstances require face-to-face proceedings, the proceedings should be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by the AAA or by the arbitrator(s).

  • Costs of Arbitration. The parties will seek to administrate any arbitration at a reasonable cost based on the circumstances of the dispute. All administrative fees and expenses of arbitration will be divided equitably between the parties. If you demonstrate an inability to pay all or part of the costs of the procedure, we may cover such costs subject to allocation in the arbitration award or any mediation settlement.

  • Awards. An arbitrator may award any relief that would be available in court under law or in equity. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators will also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

Governing Law; Arizona.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona notwithstanding any conflict of law rules.

Entire Agreement; Construction.
  • These Terms and Conditions are the complete and exclusive statement of agreement between you and BGS, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.
  • Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa.

Waivers.  No failure or delay by either of party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any right, power or privilege granted by this Agreement.

Inquiries, Contact and Questions.

Inquiries and questions regarding these Terms and Conditions, the Joy of Spa website, gift program or any JOSGC may be answered at our website (www.BoomTimeGiftServices.com) or can be directed to (800) 985.2680.
For disputes, questions, comments or suggestions, please contact BGS at:

BoomTime Gift Services
PO Box 35160
Albuquerque, NM 87176
(800) 985.2680
www.boomtime.com