terms & conditions
Go Sunless Systems Ltd. (“Go Sunless”) offers an annual subscription-based membership program to its customers.
The following terms and conditions constitute the governing agreement (“T&C”) between Go Sunless and each of its customers that purchases a Go Sunless membership (each, a “Member”) with respect to a Member’s use of the spray tan services provided by Go Sunless to each Member (“Membership Program”).
Go Sunless reserves the right to the T&C, and to adopt additional rules, regulations, policies, or procedures related to the Membership, including policies, and/or Go Sunless's other offers, products and additional services, at any time, for any reason, and with or without prior written notice to the Members. By becoming a Member and participating in the Membership Program, you hereby agree to the T&Cs as they are in effect from time to time, as posted on the Web at http://www.gosunless.ca (“the Site”) or as they are otherwise provided to you. Each Member agrees to and represents that the Member is fully able and competent to enter into, abide by and comply with the T&Cs and the Policies. BY USING YOUR GO SUNLESS MEMBERSHIP, YOU ARE DEEMED TO HAVE AGREED TO THE T&C. IF YOU DO NOT AGREE TO THE MEMBERSHIP TERMS AND CONDITIONS YOU SHOULD TERMINATE YOUR MEMBERSHIP IMMEDIATELY.
Acceptance of Terms
The Member hereby accepts, and agrees to be bound by, the T&Cs and the Policies, as they are in effect from time to time.
Subject to the T&C, each Member with a valid Membership is entitled to receive the benefits set forth in the product description at Membership sign up. This includes one (4) hour online virtual training session, date to be determined. If the training session is not redeemed within the calendar year it may be rolled over to the next calendar year. You understand if you do not attend your scheduled training session, that session is subject to forfeiture. Except as provided in the T&C or approved by a member of Go Sunless management, Members may not receive, or combine with any Membership discounts or services, any other discounts on Go Sunless’s products or services.
Each Member agrees to pay the applicable annual membership fee described in the T&C (the “Membership Fee”). The Membership Fee(s) is $99 for the first year with an annual renewal of $49 a year. Each Member agrees to keep Go Sunless (or its designated third-party payment provider) informed of the Member’s up-to-date identity, address, other contact, and credit card billing information. Membership is effective for one calendar year from the date in which a member accepts these terms and conditions, THE MEMBERSHIP FEE WILL BE CHARGED TO THE MEMBER'S CREDIT CARD ON THE DATE OF THIS ACCEPTANCE (THE "START DATE"). THEREAFTER, THE MEMBER UNDERSTANDS AND AGREES THAT THE MEMBERSHIP FEE WILL AUTOMATICALLY RECUR ANNUALLY ON OR AROUND THE START DATE UNLESS AND UNTIL THE MEMBER TERMINATES THEIR MEMBERSHIP IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. EACH MEMBER IS RESPONSIBLE FOR UPDATING HIS/HER CREDIT CARD INFORMATION ON FILE WHEN A CREDIT CARD EXPIRES OR IS CANCELLED. GO SUNLESS RESERVES THE RIGHT TO CANCEL ANY MEMBERSHIP IMMEDIATELY WHICH IS IT UNABLE TO COLLECT A MEMBERSHIP FEE FROM A MEMBER.
Use of Trademark
Go Sunless is the owner of all rights to the “Go Sunless” and trademarks, trade names and other commercial symbols and related logos, together with such other trade marks, trade-names, symbols, logos, distinctive names, service mark, certification mark, logo design, insignia or otherwise which may be designated by the Licensor as part of the Go Sunless System from time to time (the "Marks"). Members are not able to use the "Go Sunless" name or its trademarks without written permission from Go Sunless.
Registration and Passwords
Termination and Effects of Termination
The initial purchase of a Membership is non-refundable whether the online virtual training session is redeemed or not.
You agree at all times to defend, indemnify and hold harmless Go Sunless, its affiliates, successors, transferees, assignors, assignees, licensors and licensees and their agents, associates, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Use & Non-Transferability of Benefits
Upon creation of a Membership or to receive the Services, each Member must provide his or her name and contact information. Go Sunless may at any time, including prior to providing the Services, require the Member to confirm their contact information and credit card billing information. Memberships are not transferable, are not exchangeable, are not redeemable for cash, and are void where prohibited by law. ANY REFUSAL BY A MEMBER TO PROVIDE PROOF OF HIS OR HER IDENTITY OR ANY REQUIRED IDENTIFICATION, OR OTHERWISE TO CONFIRM SUCH MEMBER’S INFORMATION RELATED TO HIS/HER MEMBERSHIP MAY RESULT IN IMMEDIATE TERMINATION OF THE MEMBERSHIP.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GO SUNLESS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR RELIANCE DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL GO SUNLESS’S MAXIMUM AGGREGATE LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO GO SUNLESS FOR THE SERVICES FROM WHICH THE CLAIM AROSE.The Site is continually under development and Go Sunless makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
Each Member consents to the receipt of communication from Go Sunless via e-mail, phone, text message, external websites and any other method of communication Go Sunless deems appropriate. Go Sunless and its marketing partners may use these channels to communicate with Members regarding requested Services or associated products, Membership status, changes to the Membership program, the T&C’s/Policies, and any new offers, promotions, or services Go Sunless may offer now or in the future.
This Agreement shall be governed and construed in accordance with the laws of the Province of Manitoba.
No waiver by Go Sunless of any term or condition set out in these T&C shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Go Sunless to assert a right or provision under these T&C shall not constitute a waiver of such right or provision. If any provision of these T&C is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the T&C will continue in full force and effect.