Terms and Conditions

1. Registration

1.1 To use certain parts of the Services, you may be required to create an account with Opalya Mobile Spa (an “Account”). By registering, you represent and warrant that the information you provide is current, complete, true, and accurate.

2. Payment Terms

2.1 To book and use our Services, you may be required to provide valid payment information, such as a credit card. Your use of the payment method is governed by your agreement with your payment provider, not these Terms.

2.2 By providing Opalya Mobile Spa with your payment information, you authorize us to charge your payment method for any fees due in connection with the Services you request. This authorization is sufficient, and no additional notice or consent is required before we charge your payment method.

2.3 You agree to promptly notify us of any changes to your payment information or billing address.

2.4 We may change the prices of the Services at any time by posting an updated price list on the Website or within the booking platform. Price changes will not affect Services already purchased prior to the change.

2.5 Service prices plus applicable taxes, as noted on the Website or booking platform, will be charged upon completion of the service. Service prices may be subject to additional travel fees based on your location, as indicated during booking.

2.6 Except as set out in these Terms or required by law, fees paid for Services are non-refundable. If you cancel your appointment in accordance with our cancellation policy, any applicable refund will be processed according to that policy.

2.7 Our fees exclude taxes and other duties. You are solely responsible for paying all applicable taxes and duties.

2.8 Any unpaid fees may accrue interest at a rate of 1.5 percent per month, or the maximum legal rate if lower.

2.9 If we cannot charge your payment method for any reason, we may contact you and request that you update your payment information. If you do not update it promptly, we may cancel or suspend your booking.

2.10 Opalya Mobile Spa may use third party payment processors, such as Stripe, to collect payments on our behalf.

3. Cancellation

3.1 Any cancellation made more than 24 hours before the scheduled appointment time is free of charge.

3.2 Any cancellation made within 3 hours of the appointment time is subject to an automated charge of 30 percent of the total service price.

3.3 Any cancellation made within 1 hours of the appointment time is subject to an automated charge of 50 percent of the total service price.

3.4 You can cancel or reschedule your appointment through your confirmation email, booking link, or by contacting Opalya Mobile Spa at hello@opalya.ca.

4. Referral Credits

4.1 We may offer promotional credits for referring new users (“Promotional Credits”). You may receive Promotional Credits only if the referred individual is a new user who: (i) registers; and (ii) books and completes a paid Service with Opalya Mobile Spa within 90 days of registration.

4.2 You will not receive Promotional Credits for: (i) a referred user who previously booked or used our Services; or (ii) referring yourself or creating fake accounts.

5. Promotional Codes

5.1 From time to time, we may offer promotional codes (“Promotional Codes”) that provide benefits such as discounts or credits against Services. Promotional Codes may be subject to specific Supplemental Terms.

5.2 Unless otherwise stated, Promotional Codes: (i) may be used once per person; (ii) may be redeemed once per account; (iii) are valid only if distributed through official Opalya Mobile Spa channels; and (iv) have no cash value.

5.3 Unless otherwise stated, multiple Promotional Codes cannot be combined in a single transaction.

5.4 By using a Promotional Code, you agree: (i) to use the code only in accordance with these Terms and any applicable Supplemental Terms; (ii) to use the code only for its intended purpose; (iii) to comply with applicable laws; (iv) not to duplicate, resell, transfer, redistribute, or publicly post the code; and (v) that the code may expire before you use it.

5.5 We reserve the right to disable any Promotional Code at any time without notice. You agree not to hold us liable for any loss or damage resulting from the disabling or expiry of a Promotional Code.

6. Reservation of Rights

6.1 If we determine that you have used Promotional Codes or Promotional Credits in violation of these Terms, any Supplemental Terms, or applicable law, we may withhold or deduct credits, discounts, or other benefits obtained through such misuse.

6.2 We will not provide adjustments or replacement credits for Promotional Codes or Promotional Credits that have already been redeemed, expired, or disabled.

7. Feedback

7.1 If you provide us with feedback, comments, suggestions, ideas, or other input regarding the Services (“Feedback”), you agree that: (i) all rights in the Feedback are assigned to us; (ii) we may use the Feedback for any lawful purpose, including improving or marketing the Services; and (iii) the Feedback will be treated as non-confidential and non-proprietary.

7.2 You agree not to submit information in Feedback that you consider confidential or proprietary.

8. Your Responsibilities

8.1 As a recipient of in-home mobile spa Services, you agree to:
(i) comply with any Supplemental Terms that apply to the Service you book;
(ii) provide a clean, safe, and comfortable workspace where the service provider can perform the Services;
(iii) ensure access to a bathroom, an electrical outlet, and a sink with hot and cold running water if required for the Service;
(iv) ensure that all individuals present during the appointment treat the service provider with respect and do not use intimidating, harassing, abusive, or offensive language;
(v) ensure appropriate supervision or childcare for any children under the age of 13 present in the service area.

8.2 If you do not comply with the requirements in Section 8.1 or if a service provider feels uncomfortable or unsafe, we reserve the right to terminate the Services immediately. In such cases, any applicable fees or cancellation charges may still apply.

9. License to Use Services

9.1 Subject to these Terms, Opalya Mobile Spa grants you a personal, nonexclusive, nontransferable, non-sublicensable, limited license to access and use the Website and related online Services.

9.2 You may not lease, distribute, license, sell, host, or commercially exploit the Services or any part of them.

9.3 Unless you book and pay for Services through Opalya Mobile Spa, you may not attempt to hire or otherwise engage our service providers independently.

9.4 You may use the Website on a single computer or mobile device solely for your personal, non-commercial use (except where you are booking on behalf of a company or event).

9.5 We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. You agree not to hold us liable for any such modification, suspension, or discontinuation.

10. Support

10.1 Opalya Mobile Spa does not guarantee any specific level of technical support or maintenance for the Website or other Services. However, we will use reasonable efforts to address issues reported to hello@opalya.ca.

11. Opalya Mobile Spa Content

11.1 The Website contains text, images, graphics, logos, branding, and code that are owned or licensed by Opalya Mobile Spa (“Opalya Content”). Opalya Content is protected by Canadian intellectual property laws and applicable international laws.

12. User Generated Content

12.1 The Website may allow you to submit reviews, comments, testimonials, or other content (“User Generated Content”).

12.2 We want the Website to remain friendly, helpful, and safe. All User Generated Content must comply with the Code of Conduct below.

12.3 You agree that any User Generated Content you submit does not contain confidential, proprietary, or trade secret information. We have no obligation to store, maintain, or return any User Generated Content and may remove it at our discretion.

Code of Conduct

You agree not to submit any User Generated Content or other material that:

• violates any applicable privacy or data protection laws
• constitutes an advertisement or promotion for products or services not approved by Opalya Mobile Spa
• is submitted using fake or misleading contact information
• contains malware or harmful code (including viruses, worms, Trojan horses)
• infringes any intellectual property or other rights of third parties
• constitutes unfair, deceptive, or misleading trade practices
• is false, inaccurate, or misleading
• constitutes spam or other abusive messaging
• is abusive, defamatory, harassing, hateful, libellous, obscene, profane, sexually explicit, threatening, or vulgar
• promotes the use of alcohol, tobacco, or illegal drugs
• is racially, ethnically, or otherwise discriminatory or offensive

Opalya Mobile Spa reserves the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content that we consider to be in breach of this Code of Conduct or these Terms.

12.4 You are solely responsible for your User Generated Content. You agree to indemnify Opalya Mobile Spa and its officers, directors, employees, and agents from any claims, losses, or damages arising out of or related to your User Generated Content.

12.5 By submitting User Generated Content, you grant Opalya Mobile Spa a worldwide, royalty-free, perpetual, irrevocable license to:

• host, store, reproduce, modify, adapt, and display your User Generated Content in any media;
• use your User Generated Content for advertising, promotional, or commercial purposes, including on our Website, social media, and marketing materials.

13. Ownership

13.1 All Opalya Content and all trademarks, service marks, and trade names used in connection with the Website and Services are the property of Opalya Mobile Spa or its licensors.

13.2 User Generated Content remains owned by its original authors, subject to the license granted to Opalya Mobile Spa in Section 12.5. We are not responsible for User Generated Content posted by others.

14. License Restrictions

14.1 Except as expressly permitted in these Terms, you may not:
(i) copy Opalya Content or User Generated Content;
(ii) distribute, sublicense, or share Opalya Content or User Generated Content;
(iii) reverse engineer, decompile, disassemble, translate, or create derivative works based on Opalya Content or User Generated Content;
(iv) rent, lease, lend, or otherwise transfer rights to Opalya Content or User Generated Content to any third party.

15. Availability

15.1 We will use reasonable efforts to keep the Website and online booking tools available. However, you acknowledge that availability may be affected by factors outside our control, such as internet or network issues.

15.2 We are not responsible for unavailability of the Website caused by technical issues, bandwidth limitations, equipment failures, or events beyond our reasonable control.

16. No Reliance

16.1 Content on the Website is provided for general information purposes only. It is not intended as professional, medical, or legal advice on which you should rely.

16.2 Although we make reasonable efforts to keep Website content accurate and current, we make no representations, warranties, or guarantees that any content is complete, accurate, or up to date. Your use of the Website is at your own risk.

17. Privacy

17.1 Your use of the Services is subject to our Privacy Policy. By using the Website or booking Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

18. Warranty to Opalya Mobile Spa

18.1 You represent and warrant that:
(i) you have the legal authority to agree to these Terms;
(ii) you will use the Website only for purposes permitted by these Terms;
(iii) your use of the Website complies with all applicable laws;
(iv) you are at least 18 years of age, or you have the consent of a parent or legal guardian to use the Services.

19. Third Party Interactions

19.1 The Website may contain links to third party websites, services, or content (“Third Party Content”). We do not control Third Party Content and are not responsible for it.

19.2 We do not monitor, approve, or endorse Third Party Content and make no representations regarding its accuracy or quality.

19.3 Third Party Content is governed by the terms and privacy policies of the third parties that provide it. You should review those documents before using any Third Party Content.

19.4 Your interactions with third parties, including service providers or other users, are solely between you and the third party. You agree not to hold Opalya Mobile Spa liable for any loss or damage arising from such interactions.

20. Limitation of Liability

20.1 Nothing in these Terms limits or excludes our liability for:
(i) fraud or fraudulent misrepresentation;
(ii) death or personal injury caused by our negligence;
(iii) any liability that cannot legally be excluded or limited.

20.2 Subject to Section 20.1, Opalya Mobile Spa will not be liable for any indirect, consequential, or special damages, including loss of profits, income, contracts, or data, arising out of or in connection with your use of the Services.

20.3 In all cases, Opalya Mobile Spa’s maximum aggregate liability under these Terms, whether in contract, tort, or otherwise, will not exceed the amount you paid to Opalya Mobile Spa for the Services giving rise to the claim.

21. Indemnification

21.1 You agree to indemnify, defend, and hold harmless Opalya Mobile Spa, its licensors, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of or related to:
(i) your use of the Services;
(ii) your violation of these Terms or any applicable laws;
(iii) your violation of any third party rights.

22. Safety

22.1 When a service provider arrives at your location, you and the service provider may confirm one another’s identity for safety reasons.

22.2 All Opalya Mobile Spa service providers are independent professionals who are carefully selected based on experience and skill. As part of our onboarding process, we may conduct interviews, experience checks, and other screening steps intended to help ensure quality and safety.

23. Disclaimer

23.1 THE SERVICES, INCLUDING THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPALYA MOBILE SPA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON INFRINGEMENT, AND ACCURACY.

23.2 WE DO NOT WARRANT THAT THE SERVICES WILL: (i) MEET YOUR EXPECTATIONS; (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) BE ACCURATE OR RELIABLE.

23.3 WE ARE NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY SERVICE PROVIDERS WHILE PERFORMING SERVICES AT YOUR HOME, OFFICE, EVENT, OR ANY OTHER LOCATION.

23.4 Some jurisdictions do not allow certain warranty exclusions, so some of the above exclusions may not apply to you.

23.5 Due to the nature of beauty and spa services, including but not limited to nail care, cuticle trimming, waxing, and facials, there is an inherent risk of irritation, reaction, or infection. While tools, implements, and surfaces are expected to be sanitized, issues can still arise, particularly if proper aftercare is not followed.

23.6 Opalya Mobile Spa is not responsible for infections, reactions, or complications that occur following Services. You are responsible for providing a clean environment, following aftercare instructions, and seeking medical attention where needed. Opalya Mobile Spa provides aesthetic services only and is not a medical provider.

24. Cancellation Disclaimer

24.1 Opalya Mobile Spa aims to provide reliable and professional service. However, because our service providers are independent professionals, last minute cancellations may occur due to emergencies or unforeseen circumstances. While we and our providers will make reasonable efforts to inform you and assist with rescheduling during business hours, Opalya Mobile Spa and its service providers are not liable for any losses, damages, or inconveniences resulting from a provider’s inability to fulfill a booking due to emergencies or accidents.

25. Governing Law

25.1 These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

26. Dispute Resolution and Arbitration

26.1 To the extent permitted by law, you and Opalya Mobile Spa agree to resolve any disputes arising out of or related to these Terms or your use of the Services through binding arbitration, except for claims involving intellectual property rights or where injunctive relief is sought.

26.2 To the extent permitted by law, you and Opalya Mobile Spa waive the right to a trial by jury and the right to participate in a class action or representative proceeding.

26.3 To the extent permitted by law, disputes will be handled on an individual basis only and may not be combined with claims of others in a class or representative action.

26.4 Unless otherwise agreed, any arbitration will be conducted in Toronto, Ontario, in accordance with the rules of a recognized Canadian arbitration body, such as the Canadian Arbitration Association. The arbitration will be conducted by a single arbitrator, and the decision will be final and binding.

26.5 Each party will bear its own legal costs unless applicable law requires otherwise. The arbitrator’s award must be consistent with the limitations of liability in these Terms.

27. General

27.1 We may update or modify these Terms from time to time. If we make material changes, we may notify you by email (if available) or by posting a notice on the Website.

27.2 Unless otherwise stated, changes to these Terms will take effect 30 days after we provide notice. Your continued use of the Services after that date means you accept the updated Terms.

27.3 It is your responsibility to ensure your email address is accurate and to review notices posted on the Website.

28. Covid 19

28.1 You acknowledge the contagious nature of Covid 19 and that public health authorities may recommend precautions such as distancing, masking, and enhanced hygiene.

28.2 You acknowledge that Opalya Mobile Spa implements reasonable measures to reduce the spread of Covid 19, but we cannot guarantee that you will not be exposed.

28.3 By booking Services, you understand that in person appointments may increase your risk of exposure to Covid 19, including exposure from service providers or other individuals.

28.4 You agree to follow any health and safety guidelines communicated by Opalya Mobile Spa or your service provider at the time of your appointment.

28.5 By proceeding with Services, you release and agree to hold Opalya Mobile Spa harmless from claims related to exposure to or infection by Covid 19 in connection with the Services, except where prohibited by law.

29. Severability

29.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

30. Entire Agreement

30.1 These Terms, together with our Privacy Policy and any applicable Supplemental Terms, constitute the entire agreement between you and Opalya Mobile Spa regarding the Website and the Services, and supersede all prior agreements or understandings relating to that subject matter.

31. Last Amendment

31.1 These Terms were last updated on November 20, 2025.

32. Contact

Opalya Mobile Spa
Email: hello@opalya.ca

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