These terms and conditions (the "Terms and Conditions") govern the use of xthetics.ca (the "Site"). This Site is owned and operated by Xthetics Face & Body Sculpt. This Site is a business.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Xthetics Face & Body Sculpt and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
The services will be paid for in full a prepayment fee is required upon booking. The remaining balance is due when the service is finished for single session bookings. For packages, payment schedule is as per Service Agreement for Package.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: In accordancewith the Termsand Conditions, if the member is unable to utilize the membership due to(a) death, (b) disability, (c) illness, (d)injury, (e) a change inresidence thatismore than 50km fromXthetics Face & Body Sculpt(f) being called to active duty by Canada Armed Forces and deployed outside of theprovince of Alberta.
In order to effectively exercise any right of cancellation, the member must notify Xthetics Face & Body Sculpt of their intention to cancel in writing, in person, by email or by certified or registered mail at the address : 425 11th Avenue SE, T2G 0Y4 Calgary, AB .
In the event cancellation is due to (i) illness or injury, a doctor’s certification of the same must be provided or (ii) member being called to active duty by the Canadian Armed Forces, a copy of official military orders.
2. Xthetics Face & Body Sculpt reserves the right at any time to cancel or suspend the membership in the event of : a. the member commits a serious breach of this agreement and/or Xthetics Face & Body Sculpt’s Policies, Rules and Regulations b. Any monies due to Xthetics Face & Body Sculpt remain unpaid for 30 days after its due date for payment. c. The member knowingly provides false details when applying for membership and the false declaration would have reasonably affected Xthetics Face & Body Sculpt’s decision to grant the membership. d. If Xthetics Face & Body Sculpt terminates for any reason, they reserve the right to retain any monies received to cover any reasonable costs they hav incurred as a result
3. Membership may besuspended forup to three months onmedical grounds. Amedical certificate may be required.Members will be liable to pay an administration fee of $50 to suspend their membership.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- Debit;
- Direct Debit; and
- Cash, Email transfer.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds for Services
We provide refunds for services sold on our Site as follows:
- Service fees are not refundable but can be transfered or applied toward a different service, retail items of gift cards.
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Xthetics Face & Body Sculpt and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Xthetics Face & Body Sculpt and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Alberta.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Xthetics Face & Body Sculpt are unable to resolve any dispute through informal discussion, then you and Xthetics Face & Body Sculpt agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Xthetics Face & Body Sculpt. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Xthetics Face & Body Sculpt agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Additional Terms
- For existing clients, a valid Credit card on file may be accepted in lieu of prepayment upon booking.;
- Consultation prepayment fees may be applied toward treatments up to 30 days after consultation occurs. This fee cannot be applied toward skincare or retail.
If the client doesn’t show or late cancel, the prepayment fee is retained as a no show/late cancellation penalty.;
- If the Client is unable to utilize the package due to(a) death, (b) disability, (c) illness, (d)injury, (e) a change inresidence thatismore than 50km fromXthetics Face & Body Sculpt(f) being called to active duty by Canada Armed Forces and deployed outside of the province of Alberta. In order to effectively exercise any right of cancellation, the Client must notify Xthetics Face & Body Sculpt of their intention to cancel in writing, in person, by email or by certified or registered mail at the address : 425 11th Avenue SE, T2G 0Y4 Calgary, AB .;
- Xthetics Face & Body Sculpt reserves the right at any time to cancel or suspend the services in the event of : a. the Client commits a serious breach of this agreement and/or Xthetics Face & Body Sculpt’s Policies, Rules and Regulations b. Any monies due to Xthetics Face & Body Sculpt remain unpaid for 30 days after its due date for payment. c. The Client knowingly provides false details when applying for financing and the false declaration would have reasonably affected Xthetics Face & Body Sculpt’s decision to grant financing. d. If Xthetics Face & Body Sculpt terminates for any reason, they reserve the right to retain any monies received to cover any reasonable costs they have incurred as a result.
Packages may be suspended by Client forup to three months onmedical grounds. A medical certificate may be required.; and
- Online Bookings are NOT secured without the provision of a valid Credit Card (CC) number. Please call us at (587)772-6449 for alternative methods.
CANCELLATION/NO SHOW FEE
Appointments can be rescheduled or cancelled at least 48 hours before the beginning of appointment or a late cancellation/no show fee of $50.00 is applied.
No show: if the client does not arrive within 15 minutes of appointment time, no show fees are applied.
EXTENUATING CIRCUMSTANCES
Situations where the late cancellation/no show fee may be waived (please contact the clinic):
Personal emergencies (car accident, injury or trauma)
Family emergencies (death or hospitalisation of family member)
Natural disasters (floods, road closures, hail storms)
COVID symptoms AND positive test : receptionist will confirm absence of COVID symptoms upon call to confirm/collect CC at least 48 hours prior to appointment. If COVID symptoms start after the call, we require a positive test result (PCR or rapid test) to waive late cancellation fee. If the client was a close contact of a COVID 19 patient but is asymptomatic or tested negative, he/she can attend the appointment.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(587) 772-6449
info@xthetics.ca
425 11th Avenue SE, Calgary, AB T2G 0Y4, Canada
You can also contact us through the feedback form available on our Site.
Effective Date: 9th day of September, 2021
