Terms of use

Terms of Service ("Terms")

Article 1 - Foreword

  1. The youspa.eu website ("Website") is run by Youspa s.r.l having legal office in Strada Gherbella 294/a, Modena (MO), 41126, Italy, F.C./VAT number and Modena Business Register n. 03600940369, Register of Activities n. MO-402052 ("Youspa").

  2. The Terms regulate the relationship between Youspa and the website user ("You", "Your" or "User"), controlling the provision of services offered by the Website. Hence, Youspa invites You to read the Terms carefully before using the website. By using the website, the User accepts to comply with the Terms, regardless of becoming a registered User in the website. Consequently, if You do not agree with what is set forth under the Terms, you are not authorized to use the Website and to access to the Services (as defined hereunder) and Youspa invites you to leave this website.

Article 2 - Service

  1. The service provided by Youspa on the website consists in the publication of products or service information provided by third parties ("Advertisers") with particular reference (but not limited to) beauty centres, wellness centres and spas (collectively "Spa"). It is an intermediation service in the electronic commerce, consisting in the matching of the User demand with the advertisers' offers ("Service"). In particular, there is no direct Spa trading relationship between Youspa and the User, since Youspa acts as a mere "virtual window" were the Spa are advertised in the name and on behalf of the advertisers. As a matter of facts, Youspa does not offer a booking or tour operating service and does not require any payment to the User for the Service available on the Website.

  2. Youspa informs that the Spa price list on the Website is given on the base of the information provided by the Advertisers who may not include all the rates, taxes and add-ons which may be applied to the published offer. In particular, flight fares are often subject to additional costs such as international taxes, departure expenditures, transportation and other compulsory surcharges by law. If the User performs a booking with one of the Advertisers, Youspa advises to check its website to know all the price components.

  3. The Spa price published on the website is based on the average calculation of each Spa performed by Youspa, basing on the average price of five standard Spa services as communicated by the Advertisers. Youspa does not guarantee the Spa rates and prices, as well as travel packages and their related offers In particular, the Spa average prices are updated weekly and are viewed in the User's favourite currency using the current exchange rates. Since price conversions are an estimate, we advise to check the exact amount and currency used for each rate on the Advertiser's booking website.

  4. Youspa does not guarantee the availability of the prices published by the Advertisers on the website. In particular, the published rates may refer to a certain length of stay, fixed dates or other restrictions. The User is advised to check directly on the Advertiser's website.

Article 3 - Ownership and Copyright

  1. Except whereas indicated in the Terms, the Website and all texts, images, brands, logos and contents of the Website are exclusively owned by Youspa, the Advertisers or our suppliers and partners. Youspa declares and guarantees that the trademark, the logo and all the other signs on the Website ("Trademarks") are registered and/or are Youspa common law trademarks and/or belong to third parties. Nothing of what is contained in the website shall be intended, even implicitly, as a license or right to use the Trademarks without the previous written authorization of Youspa or the third party owning the Trademark.

Article 4 - Use of the Website

  1. Youspa authorizes You to view, download and print the Website content under the following conditions: (i) you will do so just for personal and non-commercial purposes; (ii) you will not modify any content of the Website; (iii) any picture, video or copy of the Website material should read "© 2013, Youspa, all rights reserved"; (iv) you will not erase nor modify any ownership nor copyright nor industrial rights notice inserted in the Website by Youspa.

  2. Whereas not specified, the copy, broadcast, publication and distribution of Website contents without previous authorization by Youspa is strictly forbidden. The authorization shall be directly requested to: Youspa S.r.l., Strada Gherbella 294/a, Modena (MO), 41126, Italy, E-mail: [●]

  3. The User declares and guarantees to:

  1. be at least 18 years of age and to possess the legal capacity to sign this contract;

  2. use the Website in full compliance with the Terms. In particular, the use of the Website shall not violate the rights of a third party, the non-compliance of a contract obligation or juridical obligations towards a third party or the laws which may be applied to this relationship;

  3. to secure Youspa from any claims from any third party and deriving from an usage of the Website by the User which is not compliant to the Terms.

  1. The users will not be charged any amount for the use of the Website in compliance with the Terms. However, the Website contains external links managed by independent providers or by Advertisers. The services offered through these websites, as well as their contents, may require payments. It is the User's responsibility to carry out any verification deemed necessary before proceeding to any transaction in order to determine whether a fee will be applied or not.

  2. Youspa is not responsible for the contents on other websites, nor for taxes and expenditures which are not included in the offers.

  3. Whereas Youspa provides on its Website details on the prices of the services offered by other websites, such as Advertisers and third parties websites, they are given just for an information purpose. Youspa does not take any responsibility on the correctness of such information nor it is affiliated in any way to these third parties websites.

Article 5 - Disclaimer of Warranty and Limitation of Liability

  1. The Website is only for information purposes. Youspa, in the limits set forth by the applicable law, does not take any warranty in terms of commercial quality or suitability for special uses of the Website. Moreover, Youspa does not take any warranty on the accuracy or the exclusiveness of the contents of the Website.

  2. No provision in the present Terms can disclaim or limit Youspa liability for: (i) death or personal harm to the User; (ii) malice; (iii) gross negligence.

  3. Except to what is set forth by the previous article 5.2, the User uses the Website under its own responsibility and Youspa shall not be held responsible, both on a contract and extra-contract perspective, for any loss or damage deriving from the use of the Website, including, without any limitation, any (direct, indirect) damage and any loss (of revenue, of profits, of goodwill, of data, of contracts, of money usage), as well as losses or damages deriving from the interruption of business coming from the use, the impossibility to use or the performance of the Website.

  4. Since some legal systems do not allow disclaimers of warranties or limitations of liabilities, the limitation of liability under article 5.3 might not be applicable to You.

Article 6 - Links to other websites

  1. The Website contains links to Advertisers' websites and other third parties. The linked websites are not managed nor controlled by Youspa and Youspa does not take any responsibility for their contents. Youspa provides these links for commercial purposes and a link does not imply in any way the Youspa approval, sponsorship or affiliation with the linked website. The linked websites are owned by the sellers or providers of independent services, among which are the Advertisers managing those websites. Hence, Youspa does not guarantee that You will be satisfied with their products, services or business models. For this reason, we recommend You to perform any verification deemed necessary before entering those websites and perform a transaction.

Article 7 - Use of chat rooms, information bulletins and other communication 'forums'

  1. The Website may allow the Users to insert or submit materials or reviews of their own experiences, as well as the publication of messages or any other kind of communication in chat rooms, information bulletins or other forums ("User's Messages").

  2. In case Youspa provides the User's Messages services, you openly accept to use it for the sole purpose of submitting messages in line with the forum topic.

  3. Youspa shall not control nor be in charge of editing Users' Messages which are published or distributed on the Website and, except in case of malice or gross negligence, shall not be held accountable for User's Messages. However, Youspa reserves the right to erase, at its sole discretion and without any prior notice, User's Messages and/or contents from the Website.

  4. Hereunder is a list, by way of non-exhaustive example, of the User's Message types to be considered illegal or, in any case, forbidden. Youspa reserves the right to modify the content of this list in any moment at its sole discretion as well as to perform verifications and take the necessary legal actions towards those violating these provisions, including, for example, the removal of an offensive expression and the ban of the responsible of such violations from the Website. The list includes User's messages that:

  1. are clearly offensive towards the community, for example, communications promoting racism, fanaticism, hatred, physical violence towards any group or individual;

  2. harass or promote the harassment of any person;

  3. entail the transmission of advertising mail, such as chain letters, unwanted e-mails or "spamming";

  4. have an abusive or defamatory content;

  5. contain information that the User is aware of being false, misleading or promoting illicit activities or abusive, threatening or obscene conducts;

  6. promote or contain a non-authorized copy of other people's works which are protected by copyrights, such as providing pirated software or links to it, information on how to circumvent software protection systems or pirated music or links to pirated music files;

  7. contain pages whose access is restricted or possible only through passwords or contain hidden pages or images (those that are not linked or accessible from other pages);

  8. provide instructions on illicit activities such as, for example, illegal manufacturing of trading of weapons, violation to the right to privacy of other subjects and/or creation of computer viruses;

  9. represent or encourage conducts which may be qualified as crimes or give way to civil liability or are, in any case, contrary to law or harming the rights of any other person in any part of the world; or

  10. represent a commercial and/or trading activity without our prior written authorization as, for example, tenders, lotteries, trades, advertisement and multi-level marketing.

  1. By publishing and sharing messages on the Website, You explicitly give Youspa and its affiliates the right to make User's Massages usable and which may be, free of any charge, read, copied, published, translated and distributed through any medium and in any form, including advertising and promotional activities of third parties without Your authorization.

  2. In particular, the User commits to refrain to publish or distribute any content or material covered by copyright without the expressed approval of the owner of such right and accepts to secure Youspa from any legal action deriving or related to the any violation of this article.

Article 8 - "Notice and take-down" procedure of allegedly illicit contents

  1. Youspa adopts a Notice and Take-Down Procedure of the contents on the Website. If You have an objection or a complaint regarding any material or content in the Website, including the Users' Messages published in compliance with Artcle 7 or You think that the materials and the contents published on the Website is harming your Rights, including copyright, we kindly invite You to contact us right away through the Notice and Take-down Procedure available from this link. If this procedure is done correctly, Youspa will make any reasonable effort to remove to allegedly illicit content in a reasonable time.

Article 9 - Privacy

  1. Any personal information You will provide on the Website will be used by Youspa in compliance with the Leg.D. 196/2003 ("Privacy Code") and with our privacy guidelines. Click here to read the Youspa information note according to art. 13 of Privacy Code and our privacy policy.

Article 10 - Applicable law and jurisdiction

  1. The Terms are regulated by the Italian law, except for the application of the private international law provisions envisaged by it.

  2. For the settlement of litigations on the interpretation, execution or termination of the present Terms, if the User is a consumer according to the Lgs. D. 206/2005 ("Consumers' Code"), the court of your municipality of residence or domicile will have the jurisdiction; in any other case, the territorial jurisdiction is exclusively given to the Court of Modena and any other court is excluded.

Article 11 - Modifications

  1. Youspa can change, add or erase the Terms or any part of it at any time and at its sole discretion whenever deemed necessary for legal or technical reasons or also after the change of offered services and Website layout. Youspa will give notice of such modifications. After this notice, Youspa will invite You to read and acknowledge the modified Terms.

  2. Youspa can change, suspend, or cease any offered service at any time, including the availability of any content, database or article. Youspa can also set limits on some of these services or deny your access to the whole Website or to any part of it, or also to any other Youspa website, without any prior notice, for technical or safety reasons, to prevent unauthorized access to the Website, loss or destruction of data, or whenever we consider, at our sole discretion, that You violated the Terms or any law or regulation or simply when Youspa decides to cease a service.

  3. The continuation of the usage of the Website and/of the Service after the submission of notices regarding the modifications under the present article 11 will imply Your acceptance of such modifications.

Article 12 - General Clauses

  1. If one part of the Terms is declared invalid or ineffective according to the applicable law, the invalid or ineffective clause will be considered as replaced by another valid and effective clause which appears compliant to the will of the parties as expressed in the original clause. The other terms will still be considered effective.

  2. Youspa can give, transfer, forfeit rights and obligations envisaged by the Terms; such power is excluded for the User.

  3. You accept that no business relation, agency contract, joint venture or partnership is set between you and Youspa as per effect of the Terms.

  4. The Terms are available in the Website language. The Terms accepted individually by every User are not stored.

The web site is not updated with a regular and periodic basis. Hence, it has not to be registered as a publishing product according to the provisions of law.