Policies, Terms and Conditions for the Services of Bota Bota

This website (www.botabota.ca) is the property of Bota Bota, spa-sur-l’eau (4473191 CANADA INC.) (“Bota Bota” or “we”). These Terms define the terms and conditions under which you may use our website and the products and services we offer. The content, services and products of Bota Bota that you may obtain through the Website are referred to herein and in the Terms as the “Content”. This site offers visitors information about our products and services, an online store that allows the purchase and booking of treatments and packages and a blog. By accessing or using the website of our service, you confirm that you agree that you have read, understood and agree to be bound by these terms. In case of your refusal to accept these conditions in whole or in part, please refrain from accessing and using this website.

PRIVACY POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.botabota.ca (the “Site”).

SECTION 1 – PERSONAL INFORMATION WE COLLECT

Information requested

When you make a purchase or a reservation on our web site or you subscribe to our electronic communications, we collect the personal information which you provide us such as the first name and last name, the postal address, the postal code, the electronic address, telephone, credit card number, gender/sex, date of birth and any other information about you that you may provide. When you choose to sign up for our electronic communications, with your explicit permission, we may send you emails about news, updates and promotions regarding products and services.

Your personal information is collected through forms such as the website registration form, the order form, the communications preferences form. We use the collected information for the following purposes: tracking the order, information and promotional offers, statistics, contacting you and managing the website and our social media.

Your information is also collected through the interactivity that may be established between you and our website in the following ways: statistics, contact, management of the website and our social media. We use the collected information for the following purposes: forums or discussion areas, comments, correspondence, information and/or promotional offers.

The personal information we collect is collected through forms and through the interactivity established between you and our website. We also use, as described in the next section, cookies and/or logs to gather information about you.

Cookies

When you visit the Site, we collect certain information through log file and cookies about your device, including information about your IP address, web browser, visited pages, you request, time and day information, the domain name of your internet service provider and information about your position when you are searching our physical position.

The use of such cookies allows us to improve our services and a personalized welcome, a personalized consumption profile, the follow-up of your command and make statistics.

Here you will find a list of cookies that we use. You may choose to authorize or refuse their use through your browser’s settings.

JSESSIONID: unique session identifier from Resort Suite solution, allows to stock information regarding your session (client id, cart…). Stays present during your user session.

PHPSESSIONID: unique session identifier from Resort Suite solution, allows to stock information regarding your session (client id, cart…). Stays present during your user session.

_ga: Allows to know the frequency at which a user visits the web site, the pages he visited, the length of the stay, the way the user interacts with the web site. Stays present for 2 years.

_gat_gtag_UA_12285846_1: Allows to know the frequency at which a user visits the web site, the pages he visited, the length of the stay, the way the user interacts with the web site. Stays present for 2 years.

_gid: Allows to know the frequency at which a user visits the web site, the pages he visited, the length of the stay, the way the user interacts with the web site. Stays present for 2 years.

acceptTerms: Allows to know if the user has granted permission to use cookies. Stays present for 1 years.

SECTION 2 – CONSENT

Express and Implied Consent

When you provide us your personal information to sign up for our electronic communications, complete a transaction, verify your credit card, place an order, schedule a delivery or return a purchase, we assume that you agree that we collect your information and that we use it in accordance with the provisions of Canadian law, including the anti-spam law (Bill C-28), and for these purposes only.

Withdrawal and opposition right

We are committed to offering you the right to oppose and opt out of your personal information. The right of opposition is the possibility offered to Internet users to refuse that their personal information be used for certain purposes mentioned during the collection. The right of withdrawal is the possibility offered to users to request that their personal information no longer appear, for example, in a mailing list.

To exercise these rights, you can contact us:

  1. Go to your profile section of the website: www.botabota.ca/en/connexion/
  2. By sending us an email to the following address:
    info@botabota.ca
  3. By calling us at 514-284-0333
  4. By writing to us at:
    Bota Bota, spa-sur-l’eau
    535 de la Commune Ouest
    Montreal, QC
    H3C 5X5, Canada

Access right

We are committed to recognizing a right of access and rectification to data subjects wishing to consult, modify or delete information concerning them.

To exercise these rights, you can contact us:

  1. Go to your profile section of the website: www.botabota.ca/en/connexion/
  2. By sending us an email to the following address:
    info@botabota.ca
  3. By calling us at 514-284-0333
  4. By writing to us at:
    Bota Bota, spa-sur-l’eau
    535 de la Commune Ouest
    Montreal, QC
    H3C 5X5, Canada

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 – AMAZON WEB SERVICES, RESORTSUITE AND ZENDATAMARKETING

Our website and our online store are hosted on Amazon Web Services, Inc. They provide us with the online e-commerce platform that allows us to sell you our services and products.

Your data is stored in the ResortSuite data storage system and databases, and in the ResortSuite general application. Your data is stored on a secure server protected by a firewall.

Your data pertaining to your communications preferences is also stored in Zendatamarketing’s data storage system and databases.

Payment:

By placing an order, you agree to pay the total price of your order (price of products and / or services, delivery charges and applicable taxes) as indicated on the site at the time of the order. You also agree to honor your contract with the financial institution issuing your credit card.

If you make your purchase through a direct payment gateway, in this case, I4GO, the application will store your credit card information. This information is encrypted in accordance with the data security standard established by the Payment Card Industry (PCI-DSS standards). Information about your purchase transaction is retained for as long as necessary to finalize your order. Once your order is finalized, the details of the purchase transaction are deleted.

All direct payment gateways are PCI-DSS compliant, managed by the PCI Security Standards Board. The PCI-DSS requirements ensure the secure processing of credit card data by our store and service providers. For more information, please review Shift 4’s terms and the condition and the Privacy Policy here.

SECTION 5 – PROVIDED BY THIRD PARTIES

In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to perform the services they provide us.

However, some third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we are required to provide them for your purchase transactions.

With respect to these providers, we recommend that you read their privacy policies carefully so that you understand how they will manage your personal information.

It should be remembered that some providers may be located or have facilities located in a different jurisdiction than you or ours. So, if you decide to pursue a transaction that requires the services of a third-party provider, your information could then be governed by the laws of the jurisdiction in which that provider is located or those of the jurisdiction in which its facilities are located.

For example, if you are in Canada and your transaction is processed through a US-based payment gateway, your proprietary information that was used to complete the transaction could be disclosed under United States, including the Patriot Act.

Once you leave the site of our shop or are redirected to the website or the application of a third party, you are no longer governed by this Privacy Policy or the Terms of Service of our website.

Links

You may have to leave our website by clicking on certain links on our site. We assume no responsibility for the privacy practices of these other sites and recommend that you read their privacy policies carefully.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to ensure that they are not lost, misappropriated, accessed, disclosed, altered, or destroyed in an inappropriate manner.

The personal information we collect is kept in a secure environment. People working for us are required to respect the confidentiality of your information.

To ensure the security of your personal information, we use the following measures: Secure Sockets Layer (SSL) protocol, Digital certificate development, Login/password, Firewalls, Access management – authorized person, Management access – data subject, network monitoring software, computer backup.

We are committed to maintain a high degree of confidentiality by incorporating the latest technological innovations to ensure the confidentiality of your transactions. However, since no mechanism offers maximum security, there is always a risk involved when using the Internet to transmit personal information.

If you provide us with your credit card information, it will be encrypted using the SSL security protocol. While no method of Internet transmission or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional standards generally recognized by the industry.

SECTION 7 – AGE OF RESTRICTION

By using this site, you agree that you have at least the age of majority in your state or province of residence, and that you have given us your consent to allow any dependent minor to use this website information.
At the Bota Bota physical site, our products and services are intended for an audience over 18, except for specific events.

SECTION 8 – CHANGES TO THE PRESENT PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please check it frequently. Changes and clarifications will take effect immediately upon posting on the website. If we make any changes to the content of this policy, we will notify you here that it has been updated so that you know what information we collect, how we use it, and under what circumstances we disclose it, if it is necessary to do it.

If our store or business is being acquired by or through a merger with another company, your information could be transferred to new owners so that we can continue to sell you products and services.

Questions and contact

If you wish to access, correct, modify or delete any personal information we have about you, file a complaint, or simply want more information, please contact our privacy officer at info@botabota.ca or by mail at:

Privacy Standards Officer
Bota Bota, spa-sur-l’eau
535 de la Commune Ouest
Montreal, QC
H3C 5X5, Canada

TERMS OF SERVICE

OVERVIEW

This website is operated by Bota Bota, spa-sur-l’eau (4473191 CANADA INC.). Throughout the site, the terms “we”, “us” and “our” refer to Bota Bota, spa-sur-l’eau. Bota Bota, spa-sur-l’eau offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Amazon Web Services, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Prices posted on the website

The prices presented on the site are in Canadian currency, the services will be billed to you in Canadian dollars. If you are a resident outside Canada, a conversion to your local currency will be automatically made by your credit card institution. If applicable and unless otherwise stated on the site, please note that shipping and delivery charges and applicable sales taxes will be added to your bill. Prices displayed on the site are subject to change without notice.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

Bota Bota loyalty passports are non transferable and non refundable.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Gift cards and monetary gift cards

Gift cards and monetary gift cards are non-refundable and can not be used to purchase another gift cards or monetary gift cards. Gift cards and monetary gift cards do not have an expiry date. One year after the issuance of gift cards or monetary gift cards for services, additional fees may be charged if prices are higher at the time of booking. The gift cards bought onsite can be used immediately. The gift cards bought by phone can be used after 48 hours. The gift cards bought by internet can be used after 1 week.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy below.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, see above on this page.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bota Bota, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bota Bota and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 535 de la Commune Ouest, Montreal, QC, H3C 5X5, Canada.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us:

  1. By logging into to your profile section of the website: www.botabota.ca/en/connexion/
  2. By sending us an email to the following address:
    info@botabota.ca
  3. By calling us at 514-284-0333
  4. By writing to us at:
    Bota Bota, spa-sur-l’eau
    535 de la Commune Ouest
    Montreal, QC
    H3C 5X5, Canada

REFUND POLICY

Our products, gift cards, monetary gift card, cannot be return, refunded or exchanged. For any questions, please contact our customer services by phone at 514-284-0333 or by email at info@botabota.ca.
Modification or cancellation of a reservation

You can modify or cancel a reservation no later than 48 hours before your treatment by contacting us by phone at 514-284-0333 or by email reservations@botabota.ca, otherwise a fee equal to 50% of the value of your treatment. you will be charged. If you do not attend your appointment without notice, the full price of your treatment will be charged to your credit card.