JUST RELAX
Terms and Condition
1. WHO ARE WE?
The Forrest Group located at 7083 Hollywood Blvd Los Angeles, CA 90028
2. CHANGES TO THE TERMS
These Terms may change as we continue to evolve our business, as well as The Forrest Group or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of The Forrest Group constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using The Forrest Group.
These terms were last updated: 2 July 2019
To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilize any part of this Site or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation to us or other companies in the Just Relax or Cowshed Group without our prior written permission (at our sole discretion).
3. ACCOUNT
You may browse the Site without registering for an account. You will be required to register for an account to use certain features of The Forrest Group. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. Notwithstanding anything to the contrary in these Terms, we reserve the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
4. CONTENT
Your use of The Forrest Group and their contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on The Forrest Group is either owned by us (or third parties who licence such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The names ‘Just Relax’ and other business names and logos displayed on The Forrest Group may be trade marks belonging to us or other companies in the Just Relax Group (“Trade Marks”).
To the maximum extent legally permitted, you cannot link to or seek to extract data from The Forrest Group or reutilise any part of The Forrest Group or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation to us or other companies in the Just Relax Group, or in any other way, without our prior written permission (at our sole discretion). No act of downloading or copying from, or otherwise using, The Forrest Group, even with our permission, will transfer any title, interest or right in or to any Digital Property or Content to you. Just Relax hereby expressly reserve all rights not expressly granted in and to The Forrest Group and Content.
5. LINKS TO OTHER WEBSITES
The Forrest Group may link to third-party websites from time to time. These links are provided for your convenience only. We do not control third-party websites and are not responsible for their contents or how they operate. Where The Forrest Group include any links to third-party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. YOU ACKNOWLEDGE THAT (TO THE MAXIMUM EXTENT LEGALLY PERMITTED AND UNLESS WE STATE OTHERWISE) WE SHALL NOT BE LIABLE IN RESPECT OF YOUR USE OF THOSE THIRD-PARTY WEBSITES OR ANY PURCHASE YOU MAKE THROUGH THEM. Just Relax WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, US OF OR RELIANCE ON ANY THIRD-PARTY SITES.
6. USE AND ACCEPTABLE CONDUCT
You must only use The Forrest Group for legal purposes in accordance with these Terms and are prohibited from using our The Forrest Group to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm other users. Your use of our The Forrest Group is subject to our membership rules and other policies or guidelines that we may communicate to you from time to time.
You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on The Forrest Group is complete, accurate and up to date. In relation to any material you submit to us or post on The Forrest Group, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material.
Subject to your compliance with these Terms, we give you the limited, non-exclusive, non-transferable, and revocable right to access and use The Forrest Group solely for your personal and non-commercial use. However, we do not give you any right to, and you hereby agree not to:
• Use The Forrest Group or any portion thereof for any commercial use or for the benefit of any other person or entity, including without limitation by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting any Digital Property or any portion thereof;
• Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute any Digital Property or portion thereof by any means, other than as expressly allowed by these Terms or as otherwise clearly contemplated by the features and functionalities of The Forrest Group.
• Remove, alter, bypass, avoid or circumvent any copyright, trademark or other proprietary notice, digital rights management mechanisms or other content protection measures included in or associated with The Forrest Group or any Content.
• Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of The Forrest Group.
• Knowingly or intentionally take any other action that may impose an unreasonable burden or load on The Forrest Group or its servers and infrastructure. Any unauthorized use by you, or otherwise under your account or on your computer or personal device, of The Forrest Group any portion thereof will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy we may have under applicable law or in equity. You agree to compensate us in relation to any third-party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section 4.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not: Use The Forrest Group for any unlawful purpose; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or © any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, or contains any personal contact information or other personal information identifying any third party; Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Harvest or collect information about The Forrest Group users.
7. INFRINGEMENT CLAIMS
Under the Digital Millennium Copyright Act of 1998 and the Copyright, Designs and Patents Act 1988 (the “Copyright Acts”) if you believe in good faith that any content on The Forrest Group infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our The Forrest Group that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); © identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on The Forrest Group; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the Copyright Acts at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to info@tfgla.com There can be penalties for false claims under the Copyright Acts. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to The Forrest Group of repeat infringers.
8. OUR LIABILITY
Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.
While we endeavor to provide the best digital experience we can, including without limitation by offering accurate and current Content, we cannot and do not guarantee that The Forrest Group or any portion thereof will always be fully-functional, current or accurate. Subject to the above paragraph we do not accept any liability for damage to any computer or device that you use to access The Forrest Group or in relation to any loss of data when you use The Forrest Group. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up-to-date virus or malware protection on your computer or device.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF The Forrest Group IS AT YOUR SOLE RISK, AND THAT The Forrest Group, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EQUINOX MAKES NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT The Forrest Group WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF The Forrest Group WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
While we will correct any errors in The Forrest Group that come to our attention as soon as we reasonably can, we do not undertake or warrant that The Forrest Group or the Content will be completely free from bugs or errors or that The Forrest Group will be available on an uninterrupted basis. You accept that access to The Forrest Group (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.
We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of The Forrest Group or Content, including, without limitation, any decision you take on the basis of information provided through The Forrest Group, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with The Forrest Group is to stop using and, where applicable, uninstall The Forrest Group.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Just Relax, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “SOHO PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH The Forrest Group, OR THESE TERMS. IN ADDITION, IF AND TO THE EXTENT Just Relax IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH The Forrest Group, OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF Just Relax FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD).
9. INDEMNIFICATION
You agree to defend, indemnify and hold the us harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of The Forrest Group or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule or regulation; (3) your infringement, misappropriation or violation of The Forrest Group or Content or of any third party’s intellectual property right; or (4) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. We will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. We reserve the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without our prior written consent.
10. YOUR PERSONAL INFORMATION
We will use the personal information you provide to us in accordance with our privacy policy
11. TERMINATION
You may terminate these Terms at any time by ceasing to access and use The Forrest Group and, where applicable, uninstalling The Forrest Group. Please understand, however, if you subsequently decide to resume accessing and using any of The Forrest Group, you will again be bound by Then-current Terms. We may terminate these Terms, in whole or in part, at any time and without prior notice or liability to you, for any reason. However, even after these Terms have been terminated, any provision which by its nature is intended to survive, will survive that termination.
12. PRIVACY & SECURITY
How we collect and process your personal data and safeguard your privacy is governed by our privacy and which forms part of these Terms. We also have a cookie policy that governs use of cookies and other tracking technologies, which may be used on our The Forrest Group.
13. PURCHASE OF PRODUCTS OR SERVICES
If you elect to purchase any products or services which we offer to you through The Forrest Group (or any affiliated website of another Just Relax Group company) this may be subject to new and/or additional terms and conditions which will be notified to you at the time.
14. INVAILIDITY & WAIVER
If any of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
15. FORCE MAJEURE
Just Relax will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, gas, water or other utilities.
16. TRANSFER
We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17. DELAY
Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18. GOVERNING LAW
In the event of any dispute between you and us concerning these Terms, the laws of California will apply. If you wish to take court proceedings against us, you should do so within California, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language and such requirement cannot lawfully be excluded under these Terms in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.
19. ALTERNATIVE DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
If you are located in the United Kingdom or Europe, you may use the following process if you wish to bring a dispute regarding your use of The Forrest Group:
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
If you are located in the United States, the following arbitration provisions shall apply to your use of The Forrest Group:
Arbitration Agreement
By using The Forrest Group, you and Just Relax agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“ Arbitration Agreement ”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if we initiate arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Class Action Waiver
By using The Forrest Group, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Just Relax or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Just Relax. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Definition of Dispute
Except as described below, the term “ Dispute ” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Just Relax regarding any aspect of your relationship with Just Relax, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.
However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
How Will the Arbitration Work?
Either you or we may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration and shall in no event be commenced as a representative or class arbitration.
If you or we initiate arbitration, you and we have a choice of doing so before JAMS or the AAA. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. Which particular rules apply in AAA arbitration will depend on the applicable claim. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Where Will the Arbitration Be Held?
You can bring the arbitration in either California or in the state where you live if there is a JAMS or AAA in that state. In the event that we initiate an arbitration, we will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case we may initiate the arbitration in California. As set forth in “Governing Law” section above, the arbitrator will apply California law.
20. CONTACT
If you have any questions or complaints regarding The Forrest Group or these Terms, you can contact us at info@tfgla.com .
ADDITIONAL TERMS FOR APPS
The following terms (the “ Additional Terms for Apps ”) apply to any applications designed for download and use on mobile, tablet, smart watch or other personal devices which we may make available as part of The Forrest Group (the “ Apps ”). You acknowledge and agree that the availability of each App is dependent upon the third-party app store from which you download the App (the “ App Store ”). You acknowledge that these Terms are between you and Just Relax, and not with the applicable App Store. Each App Store may have its own terms and conditions to which you must agree before downloading an App from it, and the limited rights we grant you to use the App are conditioned upon your compliance with any and all terms and conditions of such App Store.
1. Scope of License: The license granted to you under the Terms is limited to a non-transferable license to use the App on the applicable phone, tablet, watch or other product or device that you own or control, as permitted by the Usage Rules set forth in the applicable App Store Terms of Service.
2. Legal Compliance: You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
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TERMS
Detail your services
This privacy policy (“ Privacy Policy ”) applies to personal data that we collect from you when you make a booking (including for accommodations, treatment at one of our spas, events and screenings, restaurants), or visit one of our properties, or use any of the services at one of our properties, spas, or other facilities.
It provides information on what personal data we collect, why we collect the personal data, how it is used and the lawful basis on which your personal data is processed, and what your rights are under the applicable data protection and privacy laws, including the General Data Protection Regulation (“ GDPR ”).
‘Personal data’ as used in this Privacy Policy means any information that relates to you from which you can be identified.
This Privacy Policy supplements the website privacy policy provided on the relevant website you interact with when you make a booking.
By submitting your personal data you are taken to accept the terms of this Privacy Policy, so please read it carefully.
2. DATA CONTROLLER
The data controller responsible for your personal data is the Soho House company with whom you make a reservation (“ Company ”, “ we ”, “ us ” and/or “ our ”).
3. PERSONAL DATA WE COLLECT
Data collected when you make a reservation: We collect the following personal data about you:
• contact information, such as your first and last name, mailing address, e-mail address, and telephone number;
• language preference;
• credit card number or other payment account number, billing address, and other payment and billing information (“Payment Information”);
• membership;
• records and copies of your correspondence if you contact us; and
• guest stay information, including the properties where you have stayed, date of arrival and departure, and goods and services purchased.
Depending on the type of reservation, we may also ask for your gender and date of birth, important dates, such as birthdays, anniversaries and special occasions, names of any guests travelling with you and any preferences (such as meal preferences and health conditions) of which you advise us when you make your reservation or which we learn about during your visit at one of our properties.
Other Information: When you visit the relevant reservation website, we will automatically collect certain information, including through cookies and other technologies. Please read the privacy policy made available on the relevant website for information on the types of data that we collect in this context.
Sensitive data: In some cases, in connection with your reservation we may need to collect personal data that is considered sensitive data by the law, such as information about your health (for example, allergies or other health conditions). On such occasions, we will only use your personal data for the purposes which we will explain at that time and we will seek your explicit consent. Depending on the circumstances, processing of sensitive data about you may also be necessary to protect your or a third party’s vital interest or for reasons of public interest in the area of public health.
If you submit any personal data about other people to us or our service providers (e.g., if you make a reservation for another individual), you represent that you have the authority to do so and you permit us to use the data in accordance with this Privacy Policy.
Some of the personal data we request is necessary for us to perform our contract with you and/or to comply with our legal obligations and if you do not wish to provide us with this personal data, it will affect our ability to provide the services you request to you. If the provision of your personal data is purely voluntary, we will inform you accordingly and in this case there will be no implications for you if you do not wish to provide us with it.
4. WHERE WE OBTAIN PERSONAL DATA FROM
We collect your personal data in the following ways:
• When you make a reservation. We collect personal data that you provide to us directly when you make a booking through our websites, by email or phone, or communicate with us. If you need to get in touch with our customer service team, or reach out to us through other means (such as through social media) we will collect information from you there too.
• Property Visits. We collect Personal Data when you visit our properties or use on-property services and facilities, such as restaurants, concierge services, spas.
• Third parties: You may make a reservation for our services through third-party services such as online restaurant-reservation (e.g. OpenTable) or travel fare aggregator websites. When you use some of these, you provide the reservation details to such parties, who then forward your details to us to finalize and administer your reservation. When you make a reservation on a third-party website, please also take the time to read their privacy notice if you wish to understand how these parties may process your personal data.
5. HOW WE USE YOUR PERSONAL DATA
We use your personal data in the following ways:
• To complete and administer your reservation and stay, including processing your payment, ensuring that your room is available, and provide you with related customer service, including sending confirmations or pre-arrival messages, assist you with meetings, events or celebrations. Such use of your data is necessary to perform our contract with you or, before a reservation is completed, to take steps at your request prior to entering into a contract.
• As necessary for our legitimate interests or those of a third party to which we are transferring personal data. Which include the following:
o Our reservation website may allow you to create a user account. We use the information you give us to administer this account, allowing you to do a number of useful things such as managing your reservation, taking advantage of special offers, make future reservations easily and manage your personal settings;
o To communicate with you in relation to your reservation and stay, including to respond to and handle any requests you have made, send you administrative information, such as security alerts, or send you a questionnaire or invite you to provide a review about your experience with us. If you have not finalized a reservation online, we may contact you with a reminder to continue with your reservation. We believe that this additional service benefits you as it allows you to carry on with a reservation without having to fill in your reservation details again;
o To conduct analytics to inform our marketing strategy and enable us to enhance and personalise the experience we offer to our customers and our communications, including by creating customer profiles to enable personalised direct marketing communications.
o To provide postal communications which we think will be of interest to you.
o To administer this website, to better understand how visitors interact with our websites and ensure that our website is presented in the most effective manner for you and for your computer/device.
o If you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing.
o To share personal data among our affiliated businesses for administrative purposes and in relation to our sales and marketing activities.
o We may anonymise, aggregate and de-identify the data that we collect and use such anonymised, aggregated and de-identified data for our own internal business purposes, for commercial, statistical and market research purposes, including conducting research on demographics, interests and behavior. We sometimes ask our customers to take part in market research. Please see the information provided when you are invited to participate to understand what personal data is collected and how your personal data is used further.
o For internal business/technical operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our website, network and information systems secure.
o To (a) respond to requests from competent authorities; (b) enforce our House Rules, where applicable; © protect our operations or those of any of our affiliated businesses; (d) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (fe enforcing or defending legal rights, or preventing damage.
• As necessary to comply with applicable laws and regulations.
• Our Company may provide you, or permit selected third party service providers to provide you, with information about goods or services, events and other promotions we feel may interest you. We (or such third party providers) will contact you by email only with your consent, which was given at the time you provided us with the personal data.
As used in this Privacy Policy, “legitimate interests” means the interests of our Company and our affiliated businesses in conducting and managing our organisation. When we process your personal data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object at any time to processing of your personal data that is based on our legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see “Your Data Protection Rights” section below).
6. DISCLOSURE OF YOUR INFORMATION
We share your personal data with third parties in the following situations:
• Service Providers: Our Company, like many businesses, sometimes hires selected third parties who act on our behalf to support our operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) credit reference agencies to protect against possible fraud, (iii) providers of software management solutions for spa and wellness businesses, (iv) reservation platforms, (v) hosting and other information technology and related infrastructure service providers, (vi) web analytics providers, (vii) providers of digital advertising services and (viii) providers of CRM, marketing and sales software solutions. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
• JUST RELAX Affiliated Businesses: We operate on a global scale. In order to provide the services you request from us, our affiliated businesses may access and process the information which we collect from you for the purposes described above, including to offer products and services to you. Our affiliated businesses will only use your data for the purposes for which we originally collected it.
• Business Transfers: if we sell our business or our company assets are acquired by a third party personal data held by us about our members, membership applicants or customers may be one of the transferred assets.
• Administrative and Legal Reasons: if we need to disclose your personal data (i) to comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process. (ii) to enforce our Terms & Conditions, House Rules or other applicable contract terms that you are subject to or (iii) to protect us, our members, membership applicants, or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.
7. PAYMENT INFORMATION
Any credit/debit card payments and other payments you make through our website will be processed by our third party payment providers and the payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.
We may arrange that card or payment data you submit in connection with your reservation is stored for the purpose of processing any future payments that you make. We will store this data in accordance with our legal obligations under applicable law and only for so long as legally permitted. You may choose to opt out of us holding your card or payment data although this means that you will need to re-supply us with card/payment details for the purpose of making any future purchases or reservations.
8. PERSONAL DATA TRANSFERS
Your personal data will be transferred to and stored in countries other than the country in which the information was originally collected, including the United States to our service providers and affiliated businesses for the purposes described above.
9. TRACKING AND DO NOT TRACK DISCLOSURES
Please be advised that parties other than the Company may collect personal data about the online activities of the users of this website over time and across different websites when a consumer uses this website.
Do Not Track (“*DNT*”) is a privacy preference you can set in most browsers. If you enable DNT on your browser, we will honor your request not to be tracked across the Internet. For more information, including how to turn on DNT, visit allaboutdnt.com.
10. CHILDREN
The website is not directed to children who are under the age of 13. The Company does not knowingly collect personal data from children who are under 13. If you have reason to believe that a child under the age of 13 has provided personal data to the Company through the website please contact us and we will endeavor to delete that information from our databases.
11. SECURITY
Where we have given you (or where you have chosen) a password or log-in which enables you to access certain restricted parts of our website, you are responsible for doing everything you reasonably can to keep these details secret. You must not share your password or log-in details with anyone else.
Unfortunately, the transmission of information over the internet or public communications networks can never be completely secure. We will take appropriate technical and organisational security measures to protect the personal data that you submit to us against unauthorised/unlawful access or loss, destruction or damage, although we cannot 100% guarantee the security of personal data that you provide to us online.
12. PERSONAL DATA RETENTION
We will keep your personal data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is the longer. In particular, we retain membership records for six years after expiration or termination of your membership. We retain information submitted through our website and the other websites we operate for two years following account closure or contact with you, as applicable. When you consent to receive marketing communications, we will keep your data until you unsubscribe.
To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the purposes for which we process your personal data, applicable legal requirements or operational retention needs, and whether we can achieve those purposes through other means.
Upon expiry of the applicable retention period, we will securely destroy your personal data in accordance with applicable laws and regulations. In some circumstances, we may anonymize your personal data so that it can no longer be associated with you, in which case it is no longer personal data.
13. YOUR PERSONAL DATA PROTECTION RIGHTS
Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:
• Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details such as the purpose of the data processing. If you require additional copies, we may need to charge a reasonable fee.
• Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
• Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data with so you can contact them directly. We may continue processing personal data where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy.
• Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of the personal data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
• Right to data portability: You have the right to obtain your personal data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will provide you with your personal data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
• Right to object: You may ask us at any time to stop processing your personal data, and we will do so:
o If we are relying on a legitimate interest to process your personal data — unless we demonstrate compelling legitimate grounds for the processing or
o If we are processing your personal data for direct marketing.
• Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of the processing of your data before we received notice that you wished to withdraw your consent.
• Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO), or, as the case may be, any other competent data protection authority that is authorised to hear those concerns
If you wish to exercise any of these rights please contact us as described in the “Contact” section below. We may also need to ask you for further information to verify your identity before we can respond to any request.
14. CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our Privacy Policy in the future will be posted on this page. Please check back frequently to see any updates or modifications. If required by the applicable law, we will notify you of any material or substantive changes to this Privacy Policy.
ROOM BOOKING POLICY
BOOKING POLICY
Your booking will not be complete until you receive a confirmation number from us, at which point a contract will come into existence between you and us.
We require credit or debit card details from you to confirm your booking. Where you have reserved a ‘Prepaid’ room your card will be charged a deposit equivalent to the full stay rate when you make your reservation. Where you have made any other type of reservation, your card will be charged according to the terms of the rate policy unless one of the events specified below occurs, for example if you cancel your booking after the allotted time. For more details of how we will process your personal data and credit or debit card details for your reservation please see our privacy policy and the details set out on our booking engine.
CHANGING OR CANCELLING YOUR BOOKING
If you wish to make a change to your booking, please contact us using the details listed in the ‘How to Contact Us’ section above or you can amend your booking via the booking engine on our website or the JUST RELAX app. We will let you know if the change is possible and will send you a confirmation email if the change is accepted.
We will do our best to avoid having to cancel your booking however, where necessary, we reserve the right to cancel your booking at any time. In such circumstances, we will provide you with a full refund and we will have no further liability to you in relation to the cancellation.
Where your reservation includes the flexibility to cancel your reservation, unless you are staying at Babington House or Soho Beach House (where you may cancel your booking up to 18:00 local time seven days before your arrival date) or Soho Farmhouse (where you may cancel your booking up to 18:00 local time fourteen days before your arrival date) you may cancel your booking up to 18:00 local time two days before your arrival date (the “Cancellation Deadline”).
If we receive your cancellation request by no later than the applicable Cancellation Deadline, there will be no charge in relation to your cancellation. Any cancellation request we receive after the applicable Cancellation Deadline will be subject to a fee equivalent to the total cost of the stay in the room you had booked, including any VAT/applicable taxes in relation to that room charge. This cancellation fee will be charged to the card details you supplied to us at the time of making your booking. This cancellation fee will also apply if you fail to arrive for your stay at JUST RELAX, a prepaid reservation will incur the entire stay charge.
If you wish to cancel your booking, please contact us by using the information provided in the “How to Contact Us” section above.
CHECK-IN & CHECK-OUT
Time: Unless otherwise agreed or as set out below, check-in is permitted from 8:00AM and we kindly ask that all guests depart by no later than 6:00PM.
Security: In the interests of security and the prevention of fraud, we may ask you to confirm your identity by providing your passport, driving licence or other form of photo ID upon check-in.
GUESTS TRAVELLING FROM OUTSIDE THE US:
If you are travelling outside of the US, we are required by law to ask for your passport and the place of your next destination at the time of check-in. If you do not have your passport, we reserve the right not to honour your reservation. We will retain this record for a period of 12 months and we may disclose this to a police officer or other official as required by law. We are required to collect this information in relation to each member of your party over the age of 16 and we reserve the right to refuse entry to JUST RELAX to anyone who is unable to provide this information.
Guests under 18:
Please note that all guests under the age of 18 must be accompanied by adults during their stay. We reserve the right to refuse entry to JUST RELAX to anyone who is under the age of 18.
CHARGES
The price of your stay will be the price indicated when you make your reservation via the website, or as communicated to you if you place your booking by telephone or email. Please check the price in your confirmation email. We will do our best to ensure that the price advised to you is correct however, it is always possible that, some of our room charges may be incorrectly priced. We will confirm the price of your stay in our confirmation email, so please double-check that when you receive it and let us know if you notice any abnormalities. Where there has been an obvious discrepancy between our room charges and the price stated on our website or otherwise communicated to you, we reserve the right to charge our correct room charges or to cancel your reservation.
We may ask to take a credit card pre-authorisation upon check-in at JUST RELAX. All charges incurred during your stay, for example food and beverage charges and any room charges which you have not paid for in advance, must be settled upon check-out, when you will have the option to provide a different method of payment should you wish. Please let us know before you check-out if you notice any abnormalities in any charges which have been assigned to your room.
YOUR STAY
During your stay, we ask that you comply with the following House rules:
Our Rooms: The images of our rooms and facilities on our website are for illustrative purposes only. Each part of JUST RELAX is slightly different and your room or the facilities you use during your stay may vary slightly from those images.
Your reservation is for a particular type of room and, whilst we will try to accommodate specific room requests, unfortunately we cannot guarantee that you will be able to stay in a specific room during your stay.
Food & Drink: JUST RELAX offers many options for food and drink, including room service. Please refrain from bringing in any outside food or beverages, unless medically necessary.
Noise: All guests are asked to respect our other guests and nearby residents when in their room, hallways, any other premises of the hotel or while in the surrounding area.
No Smoking: No smoking or vaping is permitted inside JUST RELAX at any time, whether in your room or elsewhere. JUST RELAX has designated smoking areas and our staff will happily advise you of their location upon request. We reserve the right to charge the card you have used to secure your booking a reasonable fee in respect of specialist cleaning in the event we suspect smoking has taken place in your room(s) during your stay. We also reserve the right to terminate the remainder of your stay in the event that we find you have failed to comply with our smoking policy.
Animals & Pets: No animals will be allowed in JUST RELAX without the prior consent of JUST RELAX management except for service dogs or service animals. Where such consent has been granted, the dogs are restricted to bedrooms only and are not permitted in any public or member area unless they are service animal. We reserve the right to charge the card you have used to secure your booking a reasonable fee in respect of any damage or specialist cleaning that may be required.
We also reserve the right to terminate the remainder of your stay in the event that an animal is causing disturbance.
Accidents: Guests must report any accident or injury they or their guests may have whilst on the premises immediately to a member of management and in any event, within 24 hours of the incident. This information is needed in order to comply with health and safety obligations and for insurance purposes.
Inappropriate Behaviour: We kindly ask that you respect our other guests and refrain from any improper, violent or abusive behaviour and any illegal conduct at all times during your stay. We reserve the right to ask you to leave the premises and cancel the remainder of your stay in the event that you fail to respect this policy.
Damage: We kindly ask that all guests respect JUST RELAX rooms and facilities. In the event that there is any damage to the room(s) during your stay or if any items are missing from your room(s) upon your departure, we reserve the right to charge the card you have used to secure your booking a reasonable fee in respect of such damage and/or missing items.
Press: JUST RELAX has a strict no press policy. Guests will be held accountable if they disclose or identify any other members or guests who are in JUST RELAX in any press or social media including Facebook, Twitter, Instagram and on personal blogs. Similarly, guests must refrain from identifying or describing any private hire or member event occurring at JUST RELAX.
USING JUST RELAX FACILITIES
Use of any of the gym or fitness equipment, areas or facilities available at JUST RELAX is entirely at your own risk. Induction sessions explaining how to safely and properly use the gym or fitness equipment can be made available upon request before using the facilities. You must not use any equipment or undertake any activity at JUST RELAX unless you are satisfied that you are competent to do so in a safe and proper manner.
When using any equipment and facilities available at JUST RELAX, you must take care to safeguard your own health and safety and that of other people, and you will be solely responsible for any loss or injury that you cause to yourself, other persons or to the equipment or facilities to the extent that it is caused through your unsafe or improper use of the equipment or facilities (including your use of them whilst under the influence of alcohol or medication) or your failure to advise JUST RELAX staff of a medical condition relevant to your use of the equipment or facilities.
A 100% cancellation charge will be incurred if you cancel any spa treatment, personal training session, studio class or hair, beauty or grooming appointment less than 24 hours local time prior to the time of the appointment.
DAMAGE & LOSS
We provide a safe in each room for the storage of personal items and all reasonable efforts are made to provide a secure hotel environment. Nevertheless, the risk of theft, damage or loss of our guests’ personal possessions cannot be eliminated entirely and we strongly advise you against bringing valuable items such as jewellery or large amounts of cash to JUST RELAX. Management reserves the right, in its sole discretion, to refuse to store any personal property of guests.
We shall not be liable to any guest for any loss, damage or injury suffered by our guests or to their property. However, this does not exclude or limit in any way our liability where it would be unlawful to do so, and which includes liability for death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors) and for fraud or fraudulent misrepresentation.
YOUR PERSONAL INFORMATION
We will use the personal information you provide to us in accordance with our PRIVACY POLICY
JUST RELAX TRADE MARKS
All guests shall not use the names, logos, colours, trademarks, service marks, photographs, trade dress, or other identifying features of JUST RELAX (the “JUST RELAX Marks”) without obtaining our specific prior written approval as to the specific use.
Guests expressly recognise that the JUST RELAX Marks are the valid, unique and exclusive property of JUST RELAX, its parent, affiliates and/or subsidiaries. Guests may not produce or create, or authorise others to produce or create, the JUST RELAX Marks for any purpose whatsoever, including, but not limited to, in any communications, marketing, advertising or other promotional materials (including, but not limited to, brochures, flyers, invitations, e-mail messages, etc.) that utilise the JUST RELAX Marks without our prior written consent.
OTHER IMPORTANT TERMS
Force Majeure: JUST RELAX will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, gas, water or other utilities.
We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Governing Law & Disputes: These terms are governed by CALIFORNIA law and you can bring legal proceedings in relation to these terms or your stay at JUST RELAX in the English courts. If you live in another country in Europe, consumer law and regulation may mean that you can bring legal proceedings the country within Europe in which you reside. If you live in North America, consumer law and regulation may mean that you can bring legal proceedings in the State in which you reside.
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