TERMS AND CONDITIONS
FOR DETAILS OF OUR COVID-19 PROVISIONS PLEASE SCROLL TO THE END
GENERAL TERMS
MAI DAY SPA is a day spa offering Thai-themed massage and facial treatments and high quality cosmetic products. We work hard to ensure our premises are a safe place for staff and clients.
We hope your time with us is blissful and sublime, and we promise to do our best to make your session the best it can be. However, in booking with us you understand and accept that MAI DAY SPA offers no services whatsoever of a sexual nature, and any request for such services will be refused.* Please return the respect shown to you by our staff.
* FURTHER DETAILS BELOW
For details of our 10-Treat Tickets, see Section 12 below, at the bottom of the page.
PRIVACY POLICY
Your privacy and wellbeing are our foremost concerns.
MAI DAY SPA collects a limited amount of client information which we undertake to hold securely and will not sell or share unless required to do so under law. Other than as stated in the Disclosure provisions below, we undertake to use the information collected only to:
Make any bookings or supply any products and services required by the Client.
Process payment as requested by the Client.
Process any credit application requested by the Client.
Where a credit application is in train, to assess the Client's credit-worthiness.
Advise the Client of special offers, promotions or advertising.
Generally communicate with the Client on matters concerning their interaction with our business.
RETENTION
MAI DAY SPA will hold any information supplied until the Client requests its removal.
DISCLOSURE
MAI DAY SPA may share any supplied information to the following persons or agencies:
Our Staff.
Our legal advisers and accountants.
Any marketing agency engaged by us, purely in relation to their relevant communications.
Government agencies when legally required to do so.
The NZ Police in the course of investigating any crime, offence or allegation.
CONSUMER GUARANTEES ACT
Sales by MAI DAY SPA are covered by the provisions of the Consumer Guarantees Act when bought for private use. Where products are ordered for business use these provisions do not apply.
The Client acknowledges that nothing in these terms and conditions is intended to have the effect of contracting out of the CGA except to the extent permitted by the Act, and all provisions of these Terms and Conditions shall be read as such.
ONLINE COMPETITIONS AND PROMOTIONS
Any online competitions or promotions offered by MAI DAY SPA carry their own terms and conditions as notified.
REFUND AND CANCELLATION POLICY
MAI DAY SPA provides services charged according to time and product use, for sale at the time of an appointment, directly on our premises, and for online purchase in advance. MAI DAY SPA also offers vouchers and products that may be ordered in advance for delivery or collection, or made available online.
Bookings paid online may be cancelled or amended up to 3 hours prior to the start time of the booking, and cancellations attract a full refund unless their special conditions preclude a refund. Some services require payment in full or a deposit at the time of online booking. This payment or deposit is NON-REFUNDABLE if the appointment fails to take place, or is cancelled or postponed within 20 hours of the allocated time onto a different day. If cancelled or postponed with less than 3 hours notice, the amount due will be charged as a cancellation fee. Bookings deferred to a later date on the day of the appointment forfeit any attached discounts unless prepaid.
Bookings missed or overlooked attract no refund and are payable in full. Once paid they attract the usual reward stamps. If not paid, any reward stamps accrued to date are forfeited, and accruals will begin afresh at the next appointment.
All charges for services undertaken are final and not subject to refund unless we have either failed to provide the service booked, or due to unforeseen circumstances are unable to complete it according to the description contained on this website, or on any menu of services provided on our premises. If you are unhappy with your treatment, please discuss it with us.
All products and services for private use are sold subject to the Consumer Guarantees Act which provides broad protection for consumers. We will honour any request for a refund where products supplied are faulty or inappropriate for the intended use.
FULL TERMS AND CONDITIONS
1 GENERAL
If you have any complaints or queries about our products and services please contact us - or read the verbose T&C below.
1.1 JURISDICTION
All provisions here are governed by the laws of New Zealand.
1.2 DEFINITIONS
"Client" means you or any other persons doing or contemplating doing business with MAI DAY SPA, including casual browsers of this website.
“Staff" means any permanent or casual employee, contractor, manager, director or agent authorised to act in providing the products and services offered by MAI DAY SPA.
“Hours of Business“ means the hours of business notified on this website or by external physical signage, which may vary over time.
"Courier Fee" means the cost of delivering any purchased goods and services to the address provided, by freight, post or whatever means.
"GST" means tax chargeable in New Zealand under the Good and Services Tax Act 1985
"Intellectual Property" means all patents, designs, present and future trademarks or copyright and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
"Login" means a Client's personal email address, chosen login name, and password where it may be required to acquire goods or services by the Client.
"Products" means the products available for sale online or physically from our premises.
"MAI DAY SPA" means Mai Thai Spa Limited trading as Mai Day Spa, NZBN 9429047001282, located at 195 Ponsonby Road, Auckland 1011.
1.3 ALL SALES SUBJECT TO TERMS AND CONDITIONS
Your use of the products and services provided by MAI DAY SPA and your access to, and use of, our online ordering system are subject to the Terms and Conditions stated here. By making a booking with us or using the website and ordering system you warrant that you have read, understood and accepted these terms and conditions and agree to be bound by them. Orders placed through our website constitute legal offers to purchase the stated goods and services, and are capable of being accepted by MAI DAY SPA without further reference to the Client.
1.4 TERMS AND CONDITIONS TO PREVAIL
These terms and conditions shall prevail over any other document purportng to have a contractual effect, including any verbal offers or promises.
1.5 DISCRETION TO ACCEPT REGISTRATION
MAI DAY SPA has the absolute discretion to refuse the registration application of a potential Client for any reason whatsoever.
1.6 REGISTRATION AND ACCESS COSTS
Registration for online purchases is free, but the Client is responsible for any costs associated with accessing the site, including internet charges, and any delivery costs required to transport goods or services beyond the reach of the delivery method offered on this site.
1.7 SUSPENSION OR TERMINATION
MAI DAY SPA may at its absolute discretion suspend or terminate the ability of any Client to buy products or services online through its website or in person.
1.8 CUSTOMER LIABLE FOR ORDER
The Client is liable for every order made from the MAI DAY SPA site. However, if you've made a mistake, please call us!
1.9 TRADE NOT SUPPLIED
Unless otherwise agreed, Clients may not buy products or services from the MAI DAY SPA site for resale.
1.10 SECURITY OF INFORMATION
MAI DAY SPA shall use its reasonable endeavours to prevent unauthorised access to any data provided by the Client. However it will not be responsible for the consequences of any data breach by an unauthorised party, or any unauthorised use of this data.
MAI DAY SPA uses eWAY, a reputable secure online payment portal to authorise credit and debit card payments made over the internet. While we have every confidence in their system and its integrity, we cannot be responsible for any data breach occurring within a third party processing system. Unless explicitly provided to us by the Client, MAI DAY SPA does not hold card information from transactions undertaken through its online payment provider.
2 PRICING
2.1 All prices are in New Zealand Dollars and include GST. Our payment portal may from time to time accept payments in other currencies, subject to the conversion charges notified.
2.2 The Client will pay the stated Courier Fee for delivery of products ordered for delivery to their registered address. Where the fee charged on our site fails to meet the actual costs of delivery, we will contact the Client and advise of any additional payment required.
3 AVAILABILITY
3.1 MAI DAY SPA will make every reasonable effort to provide the products and services when requested during our Hours of Business. However we will not be liable for any inability to do so on a particular occasion or occasions, and may at our option provide an exchange or refund where any purchased service or product becomes permanently unavailable or cannot be provided at a mutually convenient time within a reasonable period.
4 SPECIAL OFFERS
4.1 Special offers are provided subject to their own terms and conditions notified in association with the offer. Generally, bookings made under special offer provisions are non-refundable unless otherwise stated.
5 PAYMENT
5.1 Payment for goods and services must be made using a credit or debit card, Apple Pay, Android Pay, direct bank transfer, or cash.
5.2. By booking you agree to pay for the booked session in full, with legal liability, unless postponed or cancellaed in line with our cancellation and refund policy.
6. SUITABILITY OF TREATMENT
6.1 MAI DAY SPA Staff are trained to a professional level in massage therapies and receive additional training in the administration of skin treatments and products. However MAI DAY SPA offers no guarantee that such products may not cause skin irritation or other adverse effects in susceptible individuals.
6.2. The Client warrants that all therapies and treatments are provided at their request and the Client takes full responsibility for their effects.
6.3 The Client has an obligation to disclose any injury, infirmity, impairment, allergy or susceptibility that may be affected by the practices offered by MAI DAY SPA and its staff, and provide reasonable warning of any condition that may lead to discomfort or injury as a result of treatment.
6.4. MAI DAY SPA Staff may refuse to undertake, or may modify, any treatment offered or listed where they have concerns over the possible effects of that treatment.
6.5 The Client understands that they are requesting treatments entirely at their own risk. MAI DAY SPA will not be responsible for the consequences of any treatment performed at the Client's request that may have adverse effects, regardless of any matters disclosed as in Section 6.3 where the Client agrees to proceed with treatment.
7. VEHICLES PARKED AT OWNER‘S RISK
7.1. MAI DAY SPA offers a limited allocation of client parking, in an area used for access by others. Any Clients parking in our spaces do so entirely at their own risk, and MAI DAY SPA will not be liable for any damage or injury, whether due to accident or negligence or unlawful act or howsoever caused that may occur from the use of the spaces provided. All vehicles are parked at their owners’ risk.
8. INAPPROPRIATE BEHAVIOUR
8.1. In addition to the General Terms above, the Client accepts that MAI DAY SPA offers no services of a sexual nature and any persistent request for such services will result in the immediate termination of the booked session, and no refund will be offered. The Client may be asked to leave the premises forthwith, and Staff may request assistance to ensure compliance with this. If you are threatened with ejection and feel you have been misunderstood in any regard, please ask to speak with management.
8.2. MAI DAY SPA Staff are professional practitioners who provide services as offered on this site and on printed materials on our premises. We expect the highest standards of professionalism from everyone here. However misunderstandings can occur and if you feel our staff have treated you inappropriately, please raise it with management.
9. RIGHT OF REFUSAL
9.1 MAI DAY SPA reserves the right to lawfully refuse services or goods to anyone or any organisation.
10 ERRORS AND OMISSIONS EXEMPTED
10.1. The Terms and Conditions stated here are correct to the best of our knowledge. However any typographical or syntactic errors shall be assessed on their own merits and shall not limit the effect of the Terms and Conditions as a whole.
11. TERMS AND CONDITIONS SUBJECT TO CHANGE
11.1 These Terms and Conditions may be altered by MAI DAY SPA without prior notice and changes shall have immediate effect.
12. MAI DAY SPA MULTI-USE TICKETS
12.1 MAI DAY SPA offers pre-purchased treatment time that can be redeemed over multiple sessions, including our 10-Treat Tickets.
12.2 Essentials and Occasions 60 minute 10-Treat Tickets are valid for 600 minutes of treatment over 10 appointments. Minutes can be redeemed in any quantity that coincides with an applicable service on our menu at the time of booking.
12.3 Essentials minutes may be used for any treatment on our Essentials menu.
12.4 Occasions minutes may be redeemed for any service on our Essentials, Occasions or Face The World facial treatments list.
12.5 Essentials purchasers wanting more options may upgrade to an Occasions 10-Treat Ticket for a fixed cost that is the difference in price at the time of upgrade, regardless of how many minutes remain unused on the existing Ticket. If the 10-Treat Ticket offer is no longer available, the cost will be the difference in price when both 10-Treat Tickets were last available. Currently, the upgrade cost is $90.
12.6 Couples booking together for an appointment of less than an hour in duration may aggregate their minutes used, and the session will count as a single appointment.
12.7 Minutes unused after 10 sessions may be aggregated with the next 10-Treat Ticket purchase. Unused minutes may not be redeemed on their own, and expire unless applied to the next 10-Treat Ticket.
12.8 Where unused 10-Treat minutes are insufficient to cover a full 10 treatments, the client may apply any minutes remaining to a final session and pay an upgrade cost equal to the price of a session the same length as the additional time required after 10-Treat minutes are applied, or at their option, start a new 10-Treat Ticket with remaining minutes added to the new Ticket.
12.9 Minutes may be used by the purchaser or any other person they nominate in a particular instance. MAI DAY SPA will only redeem minutes from a 10-Treat Ticket with the express permission of the purchaser, or nominated recipient if the Ticket was bought as a gift. We will not be responsible for the loss of minutes fraudulently redeemed.
12.10 10-Treat minutes are not refundable, unless MAI DAY SPA is unable to provide the service for which the Ticket was purchased and has been previously used, or decides to discontinue it. If the holder is unhappy to continue to use the Ticket with the options then available, unused minutes may be refunded pro-rata against the original purchase price of the 10-Treat Ticket.
12.11 10-Treat Tickets expire after 12 months from the date of issue. Any unused minutes may be applied to a subsequent 10-Treat Ticket purchase, or its equivalent at the time of sale, for a further period of 12 months.
12.12 From 17 September 2022, Essentials and Occasions 10-Treat Tickets will be consolidated into a single offering - the Mai Day Spa 10-Treat Ticket that offers access to Essentials, Occasions and Face The World treatments. Existing 10-Treat Tickets remain valid for the services described above until their expiry date.
13. REWARD STAMPS
13.1. Bookings at MAI DAY SPA attract one reward stamp for the booking itself, and a further stamp for every complete hour after the first. So a 90-minute booking attracts 1 stamp, a two-hour booking gets 2, irrespective of the number of treatments involved in the session. A booking at less than an hour still gets a stamp.
13.2. By default stamps are issued in the name of the person making the booking. If you’d like to split your stamps between you, please let us know.
13.3. A 10-STAMP FREE SESSION of one hour duration from our Essentials or Occasions range of treatments is offered after 10 stamps have been collected for treatments of an hour or more. If the average duration of treatments is less than an hour, the next lowest whole quarter hour will apply - a free session of either 30 minutes or 45 depending on the duration of past bookings.
13.4 The free session must be redeemed on a day that is not a weekend or Public Holiday unless otherwise arranged.
13.5 If the next booking falls on a weekend or Public Holiday, your free session can be held until the next midweek booking.
13.6 Stamps do not accrue for the free session itself.
13.7. In the event of a booked session being missed or overlooked, stamps for that session will accrue as usual once the invoice is paid. If it is not paid on request in lieu of a cancellation fee, all previously accrued reward stamps are forfeit and accrual begins afresh from the next booking. No-shows are a significant inconvenience to ourselves and to others unable to use your booking. Please turn up, or let us know at least 3 hours in advance!
14. COVID-19 PROVISIONS
14.1. Due to changes in New Zealand's response to COVID-19, MAI DAY SPA will be open for business during periods when COVID is present in the community. Our continued operation depends on following the mandated protocols in force from time to time.
14.2. The Client will not enter our premises with symptoms that suggest COVID-19 infection, nor if required to isolate while awaiting a test result or recovering from prior infection.
14.3. The Client will wear a mask during treatment if requested to do so by our staff, and will not cough or sneeze openly around others.
14.4. MAI DAY SPA undertakes rigorous measures to reduce as far as practicable the chance of transmission of COVID. However, the Client accepts that despite our best efforts, they may be exposed to COVID-19 on our premises.
14.5. As part of the registration process, the Client will disclose any condition that may place them at greater risk of an adverse outcome to COVID-19 infection, and undertakes treatment entirely at their own risk.