Terms and Conditions Applicable to QCNY Customers

PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS SITE, BOOKING OR RECEIVING QC TERME SERVICES, OR PURCHASING PRODUCTS, VOUCHERS, AND/OR GIFT CARDS FROM QC TERME. By accessing any area of this Site, booking or receiving QCNY services, or purchasing products, vouchers, and/or gift cards from QCNY, either through this site or in person, users (“users” or “you”) agree to be legally bound without limitation, qualification, or change and to abide by these Terms, which will constitute our agreement (“Agreement”). THE TERMS INCLUDE PROVISIONS FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.


Thank you for choosing QCNY. By accessing any area of this website qcny.com (the “Site”), you are entering into a binding contract with QC Terme NY LLC a NY limited liability company doing business as QCNY (“QCNY”). You acknowledge that you have read and understood the Agreement, accept the Agreement, and agree to be bound by it. You represent that you are at least 18 years of age if you purchase, cancel or modify any services available through QCNY. You also represent that you have the power to enter into a binding contract with us and are not barred from doing so under any applicable laws. You also promise that any registration information that you submit to QCNY is true, accurate and complete, and you agree to update us if your information changes. By using a credit card to book an appointment or otherwise purchasing any services, products, vouchers, and/or gift cards through this Site, you represent and warrant that you have the authority to use that credit card for the request or purchase. It is a violation of law to place a request or make a purchase in a false name or with an invalid method of payment. QCNY reserves the right to cancel any reservation or any other transaction that it reasonably believes to have been fraudulently made, including by unauthorized use of a credit or debit card. Entrance to the QCNY spa is restricted to customers who are at least 21 years of age or older. Therefore, while customers of 18 years of age and older may make purchases of products or services (i.e., for others as gifts), QC Terme reserves the right to deny entry to the spa of anyone who is unable to provide proof of age. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE, THE USE OF OUR SERVICES OR PRODUCTS, OR THESE TERMS TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW. THESE TERMS ALSO INCLUDE A CLASS ACTION AND JURY WAIVER. 1. Governing Law, Arbitration and Dispute Resolution (US Customers). a. Conditions for Dispute Resolution. We are committed to customer satisfaction and will try to resolve any dispute with you promptly. You agree to give us an opportunity to resolve any problem, dispute or claim relating in any way to the Site or any of its related applications, products, or services, including any dealings with us, our marketing and customer service agents, or the performance of any services or products offered through the Site or any representations from us (each a “Claim” and collectively “Claims”). You must send us written notice of the Claim by email to support@qcny.com with the subject line: “Dispute Notice.” You and we each agree to negotiate your Claim in good faith. If we cannot resolve your Claim within 60 days of receiving your notice at this address, you may pursue your Claim as explained in this section support@qcny.com b. Applicability and Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is invalid, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. c. Choice of Law/Forum Selection. The Terms and the provision of our products and services will be governed and interpreted pursuant to the laws of the State of New York, without reference to New York conflict of law rules. With respect to any disputes or Claims not subject to arbitration, as set forth in this section, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. d. ARBITRATION. Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This arbitration clause will survive termination of these Terms. This provision is intended to be given the broadest interpretation and application to encompass all disputes or Claims arising out of or relating to your relationship with us, including the use of the Site, our products, our services, and any other interactions with us. As set forth above, if we are unsuccessful in resolving your Claim following 60 days after our receipt of your written notice to the appropriate address, any dispute or Claim arising out of or relating to your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take Claims of $5,000 or less to small claims court if they qualify for hearing by such a court. Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this Section comes into effect (the “Opt Out Deadline”). This will be the earliest of (a) the date you first used our Site, (b) the date you first used our services or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice by email to support@qcny.com with the subject line: “Arbitration – Opt-Out Notice”. We must receive your opt-out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any Claim in arbitration if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline. For all Claims, whether pursued in arbitration or small claims court, it is a condition precedent that you must first send a written description of your Claim to us as set forth above to allow us an opportunity to resolve the dispute. The arbitration of any dispute or Claim will be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Section. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this Section will supersede and govern over the AAA Rules. You and we agree that this Section 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, and not governed by state law. The place of arbitration shall be New York, New York and any in-person arbitration hearing will be held there. The arbitration will be conducted in the English language. An arbitrator may award any relief to either party that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your Claim, as well as afford public injunctive relief where such remedies are permitted and cannot be waived by applicable law. Any arbitration will 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. We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your Claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. Otherwise, we will each bear the fees and expense of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. In addition to the above, you and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action, except for actions for injunctive relief as described below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this arbitration section will be void as to you. If you opt-out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. Notwithstanding the above Terms, nothing in this Section will be construed to waive any right you have under applicable law to pursue a Claim for injunctive relief with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public. Any such public injunctive relief Claims are preserved and will be subject to arbitration. To the extent permitted by applicable law, any determination of the extent to which your Claims qualify as seeking public injunctive relief will be heard and decided by the arbitrator. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 2. Service Information, Shipping, and Use of Vouchers. After you make a purchase on our website, you will receive an email with a summary of the services or products you requested on the website to the email address provided at the moment of purchase. We take reasonable steps to display as accurately as possible the details of the services and products available through our website. Any information is subject to change at any time. If, for any reason, a service or product you request through our website is no longer available, we will notify you as soon as possible and within a reasonable period by email to the address provided at the moment of purchase. a. Virtual shipping. If you have chosen the virtual shipping option for your services, a voucher will be sent to the email address or addresses you provided to us when making your purchase. b. Physical delivery. If you have chosen a physical delivery option for any products or vouchers purchased on our website, the products or vouchers will be sent by mail or courier to the address or the addresses you provided to us when making your purchase. Shipping charges may apply as indicated during the checkout process, or during your selection of the physical delivery option for shipment. c. Use and validity of QC Pass and any other Vouchers. At this time, QC Pass and other Vouchers purchased for the New York location may be redeemed at the New York location only. In order to use a QC Pass or a voucher, you must present it at the reception desk of the location at the time you arrive for your services. d. No Refunds of Vouchers. No refund is due for unused services. In the case of QC Terme Passes or other denominations concerning cash vouchers, these will be accepted only at the New York location for the purchase of goods and services provided by the facility at the applicable rates on the date of use. 3. Terms of payment. Payment shall be made immediately after the order of service and prior to its delivery. 4. Cancellation and refunds. a. Spa Visits and Services. We hope you are able to enjoy our services. In the event of unforeseen circumstances requiring a cancellation or modification of your visit or appointment, you agree to contact us to request to cancel or modify your visit or appointment at least one hour before your scheduled treatment or visit. In this case QCNY will not charge you any cost. If you fail to provide the notice required under this paragraph, QCNY reserves the right to charge you for the cost of the cancellation or modification. QCNY reserves the right to cancel or modify reservations in its sole discretion for any reason. QCNY will not accept any liability or responsibility for any third party costs, claims, liabilities or expenses howsoever incurred or suffered by you in relation to or associated with your travel to and/or from your reservation at QCNY, such as flights, land transportation, ferry transportation, communications, insurance, lost property, medical services, etc. Please refer to Section 6 below for further detail on these limitations of liability. b. Product Purchases. Products may be returned free of charge, within 7 days from (1) the date of purchase, in the case of in-person purchases, or from (2) the date of the shipping confirmation, in the case of purchases made through the Site. Products must be returned in their original condition, unopened, in their original packaging complete with all parts, and with the original proof of purchase. Incomplete, opened, or damaged products will not be accepted. We reserve the right to designate items that are not eligible for return or refund on the Site. Any such designation will be noted on the web page displaying the applicable products. Products purchased on the Site can be returned through the Site for a refund or exchange subject to the above terms. The customer is responsible for the shipping costs incurred when sending the items back to QC Terme. Items purchased in-person, or elsewhere, must be returned to their original point of purchase. c. Gift Cards, QC Passes and Vouchers. The terms and conditions contained in this section apply to any voucher or gift card purchased at QCNY spa or on the Site (referred to in this section collectively as “Gift Cards”). Gift Cards are issued by QC Commerce US Corp., a corporation organized in and existing under the laws of the Commonwealth of Virginia, regardless of the identity of the issuer identified on the Gift Card at the time obtained by the customer or user. Therefore, the laws of the Commonwealth of Virginia, without regard to conflict of law principles, govern any Gift Card purchased for use at QCNY spa or for purchases on Site. Gift Cards can be purchased by users who are 18 years of age or older, and are redeemable only at the NY location provided that the access to the QCNY spa shall be granted to customers who are at least 21 years of age or older. Gift Cards must be redeemed toward the purchase of eligible products or services as determined by QCNY. The Gift Card has no cash value, is not redeemable for cash or other cards, is not reloadable or refundable, cannot be combined with other Gift Card balances, and cannot be resold, exchanged or transferred for value, except as required by law. If you have an insufficient balance to pay for a product or service, you may use a credit or debit card, another Gift Card, or may use a different form of payment altogether to pay the remaining amount. No fees or expiration dates apply to the Gift Cards. Once a Gift Card is purchased, the risk of loss and title for the Gift Card passes to the purchaser or gift recipient, as applicable. QCNY and QC Commerce US Corp. disclaim all express or implied warranties as to the Gift Card. These Gift Card terms may be subject to change in our sole discretion subject to applicable law. QCNY and QC Commerce US Corp. are not responsible if a Gift Card is lost, stolen, destroyed or used without permission. QCNY and QC Commerce US Corp. will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases for products or services. In the event a Gift Card is non-functional, your sole remedy and QCNY and QC Commerce US Corp. sole liability will be the replacement of such Gift Card, subject to applicable law. If you live in a state which disallows limitations of liability on implied warranties, or disallows the exclusion or limitation of certain damages, then some or all of the disclaimers may not apply to you, and you may have additional rights. A Gift Card may not be used to purchase other Gift Cards. 5. Warranty Disclaimer. QCNY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO QCNY SERVICES, SALES OF PRODUCTS, THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, QCN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF RIGHTS OF THIRD PARTIES. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPLACEMENT SERVICE, AS APPLICABLE. QCNY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. QCNY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. YOU AGREE THAT YOU USE QCNY’S WEBSITE, PRODUCTS AND SERVICES AT YOUR OWN RISK. BY ACCEPTING THESE TERMS, YOU AGREE TO READ AND FOLLOW ANY SAFETY INFORMATION PROVIDED TO YOU AND TO FOLLOW ANY AND ALL APPLICABLE LAWS THAT MAY GOVERN YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT QCNY IS NOT RESPONSIBLE OR LIABLE FOR ANY MISUSE OR UNAUTHORIZED USE OF ITS WEBSITE, PRODUCTS OR SERVICES, OR ANY CONSEQUENCES ARISING OUT OF SUCH MISUSE OR UNAUTHORIZED USE. 6. Limitation of Liability. YOU AGREE THAT QCNY’S TOTAL LIABILITY ON ANY AND ALL CAUSES OF ACTION OR CLAIMS FOR LOSSES OR DAMAGES UNDER ANY THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY PURCHASE MADE BY YOU, OR FROM THE PERFORMANCE OR BREACH OF THE AGREEMENT OR FROM THE PROVISION OR SALE OF ANY SERVICES OR GOODS PROVIDED TO YOU WILL BE LIMITED TO THE AMOUNTS PAID BY YOU TO QCNY FOR THE GOODS OR SERVICES AT ISSUE DURING THE PRIOR TWELVE (12) MONTH PERIOD PRECEDING THE DATE THAT YOUR CLAIM FOR LIABILITY ARISES HEREUNDER. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL QCNY, ITS OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING THIS WEBSITE OR ITS CONTENTS AVAILABLE (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES WHATSOEVER; (2) ANY DAMAGES, INJURY OR LOSS OF USE, DATA, BUSINESS, BUSINESS OPPORTUNITIES OR OTHER ECONOMIC ADVANTAGE, GOODWILL, REVENUE, OR PROFITS (WHETHER DIRECT OR INDIRECT), WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT QC TERME HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FOR THE AVOIDANCE OF DOUBT, YOU HEREBY EXPRESSLY AGREE THAT THE CATEGORIES OF DAMAGES DESCRIBED HEREIN CONSTITUTE SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES WOULD BE CONSIDERED DIRECT DAMAGES UNDER ANY APPLICABLE LAW GOVERNING THE AGREEMENT. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if one or more of the Covered Parties have been advised of the possibility of damages. Nothing in the Agreement removes or limits QC Terme’s liability for intentional wrongdoing or gross negligence. 7. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify and hold QCNY harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of your breach of the Agreement. You further agree to indemnify and hold QCNY harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Site and/or any information or content provided on any of the Site, any Service, any service or product provided by or purchased from any QC Terme location, using your equipment to access the Site, infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Website and/or any Service. 8. No Waiver. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. 9. Intellectual Property Rights. All content included or available on the Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof, is the property of QC Terme srl and certain third parties, while QCNY is the licensee, all of these parties are protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of QC Terme srl or QCNY is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Site and/or any content or information contained on any of its pages without prior written permission of an authorized officer of QC Terme srl or QCNY. “QC Terme”, “QCNY”, “QC Spa”, “QC New York”, “QC Terme NY” are proprietary marks of QC Terme srl and QCNY. These trademarks may not be used in connection with any product or service that is not provided by QCNY, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits QC Terme Srl or QCNY. All other trademarks displayed on the Site, if any, are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with QC Terme srl or QCNY. 10. Miscellaneous. The Terms constitute the entire agreement between you and QCNY, and supersede any previous agreement or understanding. If any part of these Terms is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms with respect to the items to which they apply. We may revise or modify this Site, these Terms, products, product information or pricing without notice. 11. Contact Us. If you have any questions concerning QCNY’s services or the Agreement, please contact us team by visiting the About Us section of our website or sending us an email at the following address: support@qcny.com