Massage Card Terms

Effective: May 22, 2019

Soothe Massage Card Terms & Conditions

The following Soothe Massage Card Terms and Conditions (this “Agreement”) apply to the purchase and use of Soothe Massage Cards (whether issued in electronic, plastic or other format) (collectively, “Cards”) and related account credits.  This Agreement is between you, the Cardholder, and Soothe Merchandise, Inc. (“Issuer”).  By purchasing, accepting or using a Card, you agree to be bound by this Agreement.  If you do not agree with this Agreement, do not purchase, use or accept any Card. The purchase and use of Cards and related account credits is also subject to Soothe Inc.’s (“Soothe’s”) General Terms and Conditions, which are subject to change and available at https://www.soothe.com/legal/terms/b2c/us.  Personal information collected in connection with the purchase or use of Cards is governed by Soothe’s Privacy Policy, which is subject to change and available at https://www.soothe.com/legal/privacy/us.  In the event of any conflict between this Agreement and Soothe’s General Terms and Conditions, the terms and conditions of this Agreement will control with respect to any issue involving Cards. IMPORTANT:  Section 16.6 of Soothe’s General Terms and Conditions requires resolution of most of disputes between you and Issuer by mandatory arbitration instead of in court and includes a class action waiver.  Please read this section carefully. It affects your rights

  1. About Your Card.  The Cards are issued by Issuer.  Issuer is responsible for the operation and maintenance of the Card program.  Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder.  Issuer’s affiliates and related entities (including without limitation Soothe) bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities (including without limitation Soothe) from any and all liability or claims of any nature whatsoever arising in connection with the Card.   Cards can be purchased online at https://www.soothe.com/massage-cards or from authorized third-party distributors. Cards are not debit or credit cards and cannot be reloaded with value.
  2. Not for Promotional Use.  Cards may be transferred as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, radio and television broadcasts, or as sweepstakes or contest prizes) unless you obtain Issuer’s prior written approval. Such approval may be conditioned on, among other things, execution of and compliance with Issuer’s standard Card license agreement.
  3. Not for Resale. Cards are valid only if obtained online at https://www.soothe.com/massage-cards or from authorized third-party distributors. Cards are not valid and will not be honored if obtained from unauthorized sellers or resellers, including through Internet auction sites.
  4. Purchase and Redemption.  By purchasing a Card, you represent to Issuer that your use of such Card will comply with this Agreement and all applicable laws, rules, and regulations. Although a Soothe.com user account (“Account”) is not required to purchase a Card, the Cardholder must register an Account in order to redeem the Card.  If you purchase a Card to use as a gift, the recipient you designate may be notified of this requirement via email at the email address you provide during the purchase.  Cards are denominated in either minutes (“Massage Card Minutes”) or dollars (“Massage Card Dollars”) that can be redeemed solely for massage therapy services booked through Soothe.com or Soothe’s mobile applications.  Each Massage Card Minute may be redeemed for one minute of massage service booked through Soothe, provided that Massage Card Minutes must be applied to the purchase of massage services in the standard session lengths offered by Soothe (e.g., 60 minutes, 90 minutes, etc.).  Massage Card Dollars may be redeemed for the purchases of massage services from Soothe based on the current prices of such services.  If you are a Soothe Plus Member, Massage Card Minutes may be combined with any available Soothe Plus Massage Minutes stored in your Account to purchase massage services. Cardholders may also combine Massage Card Minutes with monetary payments or Massage Card Dollars to purchase massage services through Soothe.   If you combine Massage Card Minutes with monetary payments or Massage Card Dollars to purchase a massage, the portion of your session not covered by Massage Card Minutes must be paid with Massage Card Dollars or a credit card or other payment method accepted by Soothe. The dollar amount charged for such portion of your session will be calculated on a prorated basis according to Soothe’s then-current price for the applicable service in the location where your massage is scheduled to take place, subject to any applicable Soothe Plus or other discounts.  Once your Card is linked to an Account, related Massage Card Minutes cannot be redeemed through any other Account or otherwise transferred. Massage Card Minutes and Massage Card Dollars are redeemable only for massage therapy services scheduled through Soothe, have no monetary value, and cannot, under any circumstances, be redeemed for cash (except as required by law), any cash equivalent, or for other Cards. Massage Card Minutes and Massage Card Dollars cannot be used as gratuities or to defray applicable sales tax charges or as payment for any previously purchased service.
  5. No Cash Redemptions Except as Required by Law.  Massage Card Minutes and Massage Card Dollars are redeemable only for massage therapy services scheduled through Soothe, have no monetary value, and cannot, except as required by law, be redeemed for cash, any cash equivalent, or for other Cards.  If you reside in a state that permits you to redeem Massage Card Dollars for cash, and the remaining amount of Massage Card Dollars in your Account is less than the threshold for receiving cash back in your state, you may request the remaining balance in cash by contacting Issuer at 1-833-2-SOOTHE or support@soothe.com.
  6. Expiration/Deactivation.  CARDS AND RELATED MASSAGE CARD MINUTES AND MASSAGE CARD DOLLARS DO NOT EXPIRE AND THERE ARE NO DORMANCY FEES.  Issuer reserves the right to deactivate or refuse to honor any Card (or any related Massage Card Minutes or Massage Card Dollars) in the event of a disputed credit card charge, bounced check or other failure of consideration. Issuer also reserves the right to deactivate or refuse to honor any Card (or any related Massage Card Minutes or Massage Card Dollars) if Issuer suspects that the applicable Card was obtained or used fraudulently or in violation of this Agreement.
  7. No Refunds.  Except as required by law, no refunds are permitted for purchases of Cards.
  8. Lost, Stolen or Damaged Cards.  Lost, stolen or damaged Cards will not be replaced. The risk of loss and title for Cards passes to the purchaser upon Issuer’s electronic transmission to the purchaser or designated gift recipient, or delivery to the carrier, whichever is first and/or applicable.
  9. Balance Inquiries.  For balance inquiries, call 1-800-960-7668.  The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted immediately when you redeem any Massage Card Minutes or Massage Card Dollars for massage service appointments, but there may be occasions when the balance adjustment is delayed.
  10. Cards Used Without Authorization.  Cards that have been used without Cardholder’s authorization will not be replaced.
  11. Governing Law.  The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
  12. Changes to Agreement.  Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at https://www.soothe.com/massage-cards.