terms & conditions

1. Who you are dealing with

Aqua Vitae Day Spa is operated by two companies:

In these terms, “we”, “us” and “our” mean whichever of those companies operates the location you book, buy from, or deal with. Your agreement is with that company only. “You” means the person making the booking or purchase.

2. Agreeing to these terms

By booking an appointment, buying a gift certificate, ordering a product, or using this website, you agree to these terms. If you are booking on someone else's behalf, you confirm you have their authority and that you will pass these terms on to them.

3. Bookings

1. A booking request made through this website is not confirmed until we contact you to confirm the time, therapist and treatment.
2. Your appointment is only secured once the required deposit has been paid, or once you have quoted a valid gift certificate number.
3. Treatment times shown include preparation and consultation, not just hands-on time.

4. Deposits

1. We require a deposit of 20% of the total treatment value to secure a booking.
2. Deposits are payable by card, bank transfer or in person before the appointment.
3. Your deposit is applied to your treatment on the day.

5. Changing or cancelling an appointment

1. Please give us at least 24 hours' notice if you need to cancel or reschedule.
2. If you give 24 hours' notice or more, your deposit is refunded or moved to your new appointment, whichever you prefer.
3. If you give less than 24 hours' notice, your 20% deposit is forfeited.
4. If you are using a gift certificate or treatment voucher and cancel with less than 24 hours' notice, we deduct 20% of the treatment value from the certificate.
5. We will always try to fill your spot first. If we can fill the appointment with another client, no fee applies and your deposit is refunded or transferred in full.
6. If we apply a fee, we will tell you in writing, including the amount, the reason and the date of the appointment.

6. Not attending

If you do not attend your appointment and have not contacted us beforehand, your 20% deposit is forfeited. If you are using a gift certificate or treatment voucher, we deduct 20% of the treatment value from the certificate.

7. Arriving late

Please arrive 10 minutes before your appointment time. If you arrive late, we will do what we can to give you your full treatment, but where later bookings would be affected we may need to shorten your treatment so it finishes at the original scheduled time. The full price is still payable. We will always tell you before the treatment starts if this is the case.

8. Prices and payment

1. All prices are in Australian dollars and include GST.
2. Prices shown on this website may change. The price that applies is the price current at the time of your treatment or purchase.
3. We do not add a card surcharge.
4. Payment for treatments is due on the day, after your treatment.

9. Your health and suitability for treatment

1. You must tell us about any medical conditions, medications, allergies, skin sensitivities, injuries or pregnancy before your treatment, and let us know if anything changes between visits.
2. You must complete our consultation form honestly and keep it up to date.
3. Our treatments are for relaxation and beauty purposes. They are not medical treatment and are not a substitute for medical advice.
4. If we believe a treatment would be unsafe or unsuitable for you, we may decline or adapt it. We will discuss this with you first.
5. If you do not disclose something relevant and we cannot proceed on the day, the cancellation terms in clause 5 apply.

10. Clients under 18

1. Clients under 16 need a parent or guardian to consent to the treatment and to remain on the premises for its duration.
2. Clients aged 16 and 17 need written consent from a parent or guardian, but may attend on their own.
3. We may ask for proof of age.

11. Refusing or ending a treatment

We may decline to start a treatment, or end one that has begun, where a client behaves inappropriately, is affected by alcohol or drugs, or where continuing would be unsafe for the client or our staff. Where this happens, payment for the booking is still due. We do not tolerate any conduct of a sexual nature towards our staff.

12. Gift certificates

1. No expiry. Aqua Vitae gift certificates do not expire.
2. Transferable. You may give your certificate to someone else. Whoever presents it may use it.
3. Redeemable on treatments, packages and retail products at Aqua Vitae Day Spa.
4. Partial redemption. If you spend less than the certificate value, the balance stays on the certificate for next time.
5. Not refundable and not redeemable for cash. This is a condition of how our gift certificates are structured under the Corporations Act and the ASIC gift facility exemption. It is not something we can vary.
6. Treat it like cash. Lost or stolen certificates are not replaced.
7. Quote your certificate number when you book. Bookings made with a gift certificate are subject to the same 24 hour cancellation terms as any other booking (clause 5).
8. Nothing in this clause affects your rights under the Australian Consumer Law if a treatment paid for with a certificate is faulty. See clause 14.

13. Retail products bought online

1. We will let you know if an item is out of stock and offer you a refund or a substitute.
2. Delivery timeframes given on this website are estimates, not guarantees.
3. Risk in the goods passes to you on delivery.

14. Refunds, returns and your consumer rights

Products

Treatments

1. If you are unhappy with a treatment, please tell us before you pay. If your concern is valid we will not charge you for the part of the treatment that fell short, or for the whole treatment if that is fair.
2. If you raise it after you have paid, we will offer you a voucher to have the treatment redone, valid for 30 days.
3. Deposits and cancellation fees are covered by clause 5, not this clause.

15. Complaints

We want to know if something has gone wrong. Contact the spa you visited (details in clause 20) and we will acknowledge your complaint within one business day and respond properly within five business days. If you are not happy with our response, you can contact NSW Fair Trading or the ACCC. We will not discourage you from doing so.

16. Privacy

We collect personal and health information so we can treat you safely and manage your bookings. How we handle it is set out in our Privacy Policy.

17. Using this website

1. The content on this website, including text, images, treatment descriptions and branding, belongs to us and may not be copied or reproduced without our permission.
2. Information on this website is general in nature. Treatment descriptions, prices and availability may change without notice.
3. We do not guarantee the website will always be available or error free.

18. Our liability

To the extent the law allows, and other than our obligations under the Australian Consumer Law, we are not liable for indirect or consequential loss arising from your use of this website or our services. Where we are permitted to limit our liability, it is limited to resupplying the service or paying the cost of resupply. Nothing here excludes liability that cannot legally be excluded.

19. Changes to these terms

We may update these terms. The version published on this website at the time you make a booking or purchase is the version that applies to you.

20. Contact us

21. Governing law

These terms are governed by the laws of New South Wales. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.