www.saunanplunge.com (“website”) owned and managed by SAUNA N PLUNGE (“we,” “us,” or “our”) welcomes you.
We offer you access to our services through our “website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. . By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website.
DEFINITIONS
INTERPRETATION
INTRODUCTION AND SCOPE
SERVICES
At saunanplunge.com, we offer you a meticulously designed website that provides an online directory of saunas and cold plunges.
Customers use the website to search for sauna and plunge locations near them. We offer both free and paid listing.
MODIFICATIONS TO THE SERVICE
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the changes to
ACCOUNT
For accessing the website and using certain resources, you may be required to provide specific information and create a user ID and password to establish an account.
When you create an account, we collect registration-related information such as name, address, e-mail, and phone number. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration.
You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice
ABOUT OUR SERVICE
We act as an aggregator and provide you a platform where Customers use the website to search for sauna and plunge locations near them that have been designed to save you time and money. We strive to provide you with the information you need to make an informed choice that best suits your needs. We accept no responsibility for any loss, damage, or death that happens during and after the service. The user shall indemnify us for all claims and liabilities arising out due to the use of the website by the user, including costs and expenses incurred.
SCAMMING, SPAMMING, OR MISLEADING USERS
We believe Sauna n Plunge should stay a clean place and we work hard to make it reliable and useful to both, Customers and Providers. Therefore we do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor many things in the backend and as soon as we notice strange behavior, we put such accounts on hold and contact the owner. In cases where we are 100% sure a user has tried to perform an illegal activity, we will immediately terminate such an account.
USER CONTENT
A. Content Responsibility.
The website permits you to submit content, feedback, etc. but you are solely responsible for the content submitted by you. You represent that you have required permission to use the content.
When submitting content to the website, please do not submit content that:
Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
B. Advertising: SAUNA N PLUNGE and its licensees may publicly display advertisements, paid content and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
PAID LISTING
GENERAL CONDITIONS
LIMITED GUARANTEE
By this Website:
GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
USER RESPONSIBILITIES
USER’S OBLIGATIONS
USER’S OBLIGATIONS
LISTING POLICY
ONLINE FRAUD AND SCAM
Scammers are getting gradually sophisticated in their efforts to get your money or personal details. Be aware and safeguard yourself from being scammed by following our tips.
Be vigilant about the fact that scams exist. When transacting with unwanted contacts from people or businesses, always consider the possibility that the tactic may be a scam. Remember, if it looks too good to be true, it probably is.
Keep your personal details secure. Be very careful about how much personal information you share on sites. Scammers can use your information and pictures to create a fake identity or to target you with a scam.
Wire money. Be alert when landlords ask renters to wire money to any account, especially an account located abroad.
We do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage or ask others to perform actions that are not legal. In cases where we are 100% sure a user has tried to perform an illegal activity, we will immediately terminate such an account.
EXCLUSION OF LIABILITY
We accept no responsibility for delays/errors due to circumstances outside of our ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, or reduced or non-delivery from the other user.
We shall not be liable for the behavior of the users. And we are also not accountable for the quality of the services provided by the Relationship manager on the website.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.saunanplunge.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall SAUNA N PLUNGE, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.
NO RESPONSIBILITY
We are not responsible to you for:
SPAM POLICY
You are strictly prohibited from using the Website or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS
The Website may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.
ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
LIMITATION OF LIABILITY
The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate errorfree or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, non-violation of third parties’ rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages. The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any typographical, technical, or pricing errors recorded on the website. The website may contain information on certain services, not all of which are available in every location. A reference to a service on the websites does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.
All conditions, warranties, and other terms which might otherwise be implied by statute.
Any liability for a direct, indirect, or consequential loss or damage incurred by any user in connection with our Website or connection with the use, inability to use, or results of the use of our Website, any websites linked to it, and any materials posted on it, including without limitation any liability for:
Loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time;
and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
COPYRIGHT AND TRADEMARK
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on our behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sublicense, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other product and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
MISCELLANEOUS
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
TERMINATION
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
DISPUTE RESOLUTION
If a dispute arises between you and the website www.saunanplunge.com, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and the website agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a “Claim”) in accordance with this section entitled “Dispute Resolution.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
ARBITRATION OPTION
For any claim arising between you and www.saunanplunge.com (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the law of the United States of America and the State of Nevada without giving effect to any principles of conflicts of law. The Courts of the State of Nevada shall have exclusive jurisdiction over any dispute arising from the use of the Website.
FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
ASSIGNMENT
We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at Connect@saunanplunge.com.