TERMS AND CONDITIONS OF USE

OVERVIEW

These Terms and Conditions (“Terms”) govern your access to and use of the Secret Santa Draw platform (the “Platform”), owned and operated by SPA CEYLON AYURVEDA (PVT) LTD, \(“SPA CEYLON”, “we”, “us”, or “our”). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from accessing or using the Platform.

We reserve the right to amend these Terms at any time, at our sole discretion, by publishing updates on our website without prior notice. Your continued use of the Platform following the posting of any such amendments constitutes your acceptance of the amended Terms.

SECTION 1 – DEFINITIONS

  1. Platform: The Secret Santa Draw service provided by SPA CEYLON, accessible through our website and associated applications.
  2. User: Any individual or entity accessing or using the Platform.
  3. Organizer: A User who creates and administers a Secret Santa event on the Platform.
  4. Participant: A User who joins a Secret Santa event created on the Platform.
  5. Reward Member: A User who subscribes to SPA CEYLON’s rewards program, receiving marketing communications as part of their membership benefits.
  6. Non-Reward Member: A User who uses the Platform without subscribing to SPA CEYLON’s rewards program.
  7. Marketing Communications: Promotional content, offers, updates, and any other forms of communication sent via email, SMS, or other means to Users by SPA CEYLON.

SECTION 2 – PLATFORM USAGE

Our Platform provides tools that allow Users to:

  1. Create Secret Santa Events: Organizers can create Secret Santa events with unique links for Participants to join.
  2. Set Deadlines: Organizers can set deadlines for gift exchanges.
  3. Manage Participant Lists: Organizers can manage Participant details and event-specific rules.
  4. Random Assignment: The Platform randomly assigns Participants to each other anonymously.

We act solely as a facilitator and are not responsible for the actual exchange of gifts, nor do we oversee communication or interactions between Organizers and Participants.

SECTION 3 – ORGANIZER RESPONSIBILITIES

Organizers are responsible for:

  1. Setting Guidelines: Establishing clear guidelines, budgets, and deadlines for gift exchanges.
  2. Accurate Information: Ensuring the accuracy of Participant details submitted via the Platform.
  3. Communication: Communicating directly with Participants regarding event details, deadlines, and any changes.
  4. Compliance: Adhering to all applicable laws and regulations in the organization of their events.

The Platform does not mediate disputes or enforce compliance with event rules. Any issues arising from the organization of the event are solely the responsibility of the Organizer.

SECTION 4 – PARTICIPANT RESPONSIBILITIES

Participants are responsible for:

  1. Providing Accurate Information: Ensuring that all information provided during sign-up is accurate and up-to-date.
  2. Adhering to Guidelines: Following the guidelines and deadlines established by the event Organizer.
  3. Gift Delivery: Ensuring timely and appropriate delivery of gifts as per the event's rules.
  4. Respect and Conduct: Engaging respectfully with other Participants and Organizers.

The Platform is not liable for any disagreements or issues arising between Participants or Organizers.

SECTION 5 – MARKETING COMMUNICATIONS

By signing up for and using the Platform, you acknowledge and consent to SPA CEYLON’s collection of your email address, SMS number, and other data such as preferences for the purpose of sending marketing communications. These communications are essential for enhancing your experience with our services, providing personalized recommendations, and promotions.

1. Mandatory Marketing Communications for All Users

By signing up for our Platform, all Users—including Reward and Non-Reward Members—agree to receive marketing communications designed to provide exclusive offers, updates, and information relevant to your interests.

You may unsubscribe from these communications at any time by following the unsubscribe link provided in the communication or by contacting us directly. Please note that it may take up to 10 - 15 business days to process your unsubscribe request due to technical or operational reasons.

If your unsubscribe request is not processed within this period, or if you experience any issues, please contact our support team shared at the bottom of the page and we will assist you promptly.

Opting out of marketing communications will not affect transactional or service-related communications necessary for using the Platform. For more details, please review our Privacy Policy.

2. Benefits of Marketing Communications

Our communications are designed to provide value to Users, which may or may not include the following:

  • Exclusive Promotional Offers: Tailored to Spa Ceylon products and services.
  • Early Access: To limited-time discounts, campaigns, and special events.
  • Personalized Recommendations: Enhancing your gifting experience with product suggestions based on your preferences.

By participating, you gain access to updates that enhance your understanding of Spa Ceylon’s offerings, enabling you to discover products and services perfectly aligned with your preferences and interests.

3. Frequency and Nature of Communications

SPA CEYLON ensures that all marketing communications are relevant, timely, and non-intrusive. Specifically:

  • Reasonable Frequency: Communications will not exceed three (3) messages per week. However, there may be occasional exceptions where additional messages are necessary, such as during special promotions, important updates, or events.
  • Value-Added Content: Messages will focus on providing exclusive offers, product launches, gift ideas, and personalized recommendations.
  • Avoidance of Spam: Communications are carefully curated to prioritize meaningful engagement and avoid excessive or irrelevant messaging.

4. Impact on Reward Members

By signing up for the Reward Membership, you agreed to receive marketing communications as an essential component of your membership benefits. These communications are designed to provide you with access to exclusive promotions, personalized offers, and valuable updates tied directly to your membership.

As these communications are integral to delivering the full benefits of your membership, opting out of marketing communications is not permitted while maintaining an active Reward Membership. If you wish to discontinue receiving marketing communications, you will need to cancel your membership.

If you have any questions or need assistance managing your membership, please contact our support team. Contact details can be found at the bottom of this page. For additional information on how we handle your data, please review our Privacy Policy.

5. Data Collection, Usage, and Compliance

SPA CEYLON collects and processes personal information necessary to facilitate marketing communications and improve your user experience. This includes, but is not limited to:

  • Personal Data: Names, email addresses, mobile numbers, date of birth and preferences submitted during registration or through Platform interactions.
  • Usage Data: Data on Platform usage, such as event participation and activity history.
  • Preference Data: Information provided by Users, including product interests, gift preferences, and browsing behaviors.

Purpose of Data Collection:

  • Tailored Marketing Campaigns: To create promotional content and recommendations that align with your preferences.
  • Platform Maintenance: To ensure smooth functionality of the Platform and associated services.
  • Enhanced Engagement: To deliver personalized offers and suggestions for improving your gifting experience.

Data Access: Personal data may be accessed by SPA CEYLON and authorized software developers under strict confidentiality agreements.

Compliance: All marketing activities adhere to Sri Lankan data protection laws, including the Personal Data Protection Act No. 9 of 2022, ensuring transparency, data security, and the protection of user rights.

6. Lead Generation and Aggregated Data Use

By using the Platform, you acknowledge that SPA CEYLON may utilize aggregated and anonymized data derived from Platform interactions for:

  • Internal Marketing Research: To analyze trends and improve service offerings.
  • Campaign Planning: To design effective promotional strategies tailored to user preferences.
  • Product Development: To refine and enhance Spa Ceylon’s product and service portfolio.

Aggregated and anonymized data will not identify individual Users and will be used solely for internal business purposes.

7. Future Marketing Initiatives

All marketing communications will include options to manage your preferences in compliance with applicable laws and regulations. Future marketing strategies and initiatives will adhere to Sri Lankan legal requirements, ensuring the continued protection of user rights and privacy.

SECTION 6 – DATA PRIVACY

Your submission of personal information through the Platform is governed by our Privacy Policy. We prioritize your privacy and only collect the information necessary to facilitate the gift exchange and marketing communications. Personal details (e.g., names, email addresses, SMS numbers) are shared only with the relevant event Organizer and other Participants in the same event, as necessary.

Additionally, personal information may be accessed by SPA CEYLON and authorized software developers on a limited scope solely for platform maintenance, security, and marketing purposes. All access and usage of personal data are safeguarded to ensure compliance with our Privacy Policy and relevant data protection laws.

SECTION 7 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

All marketing communications will include options to manage your preferences in compliance with applicable laws and regulations. Future marketing strategies and initiatives will adhere to Sri Lankan legal requirements, ensuring the continued protection of user rights and privacy.

SECTION 8 – LIMITATIONS OF LIABILITY

SPA CEYLON is not liable for:

  • Event Success: We do not guarantee the success, completion, or specific outcomes of any events organized through the Platform.
  • Gift Exchange Issues: We are not responsible for the quality, timeliness, appropriateness, legality, or condition of gifts exchanged between users or third parties.
  • Disputes: We will not mediate or resolve disputes between Organizers, Participants, or any third parties arising from interactions or transactions on the Platform.
  • Data Accuracy: We do not guarantee the accuracy, completeness, or reliability of any data, information, or content provided by users or third parties on the Platform.
  • Third-Party Links and Services: We are not liable for any content, products, or services provided by third-party websites, applications, or services linked to or accessed through the Platform.
  • Platform Availability: We do not guarantee uninterrupted, secure, or error-free access to the Platform. Scheduled or unscheduled maintenance, technical issues, or external disruptions may affect availability.
  • Loss or Damage: We are not responsible for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from the use or inability to use the Platform or services, including but not limited to loss of profits, data, goodwill, or other intangible losses, even if advised of the possibility of such damages.
  • Unauthorized Access: We are not liable for any unauthorized access to or use of your account, data, or communications resulting from circumstances beyond our reasonable control, including but not limited to hacking, phishing, or other cyber threats.
  • Compliance with Laws: Users are solely responsible for complying with applicable laws, regulations, and standards when using the Platform. We disclaim liability for any legal issues or penalties arising from user actions.
  • Force Majeure: We are not liable for delays, interruptions, or failures in performance resulting from events or circumstances beyond our reasonable control, including acts of God, natural disasters, government actions, labor disputes, pandemics, or other force majeure events.
  • User Content: We do not endorse, validate, or assume responsibility for any user-generated content, including reviews, comments, or materials posted on the Platform. Users are solely responsible for their content and its consequences.
  • No Warranties: The Platform and all services are provided on an "as is" and "as available" basis without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
  • No Liability Accepted: Under no circumstances will SPA CEYLON, its affiliates, directors, officers, employees, agents, or partners be liable for any claims, damages, or losses arising out of or connected to the use or inability to use the Platform, regardless of the legal basis of the claim.
  • Jurisdictional Exceptions: In jurisdictions where the exclusion or limitation of certain liabilities is not permitted, our liability is limited to the fullest extent allowed by applicable law.

SECTION 9 – AMENDMENTS TO TERMS

We reserve the right to update, modify, or replace any part of these Terms at our sole discretion by posting updates and changes on our website without prior notice. It is your responsibility to review these Terms periodically to remain informed of any changes. Continued use of the Platform following the posting of any updates or modifications constitutes your acceptance of those changes.

If required by law or deemed necessary at our sole discretion, we may notify you of significant updates via the contact information provided during registration (e.g., email or SMS). However, your obligation to periodically review these Terms on our website remains applicable at all times.

We also reserve the right to require Users to acknowledge and agree to the updated Terms as a condition of continued access to the Platform. If you do not agree to the updated Terms, you must discontinue using the Platform immediately.

SECTION 10 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Sri Lanka. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Sri Lanka.

SECTION 11 – SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, unlawful, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SPA CEYLON and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 13 – ENTIRE AGREEMENT

These Terms, along with our Privacy Policy, constitute the entire agreement and understanding between you and SPA CEYLON regarding your use of the Platform, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

SECTION 14 – CONTACT INFORMATION

For questions or concerns regarding these Terms of Service, please contact us at:

Email: online@spaceylon.com