Namale Resort & Spa
Terms of Service
Last updated: December 22, 2025
Welcome, and thank you for your interest in Namale West, Inc. (“Namale,” “we,” or “us”), our website at www.NamaleFiji.com, and our Resort along with our related member portals, networks, applications, and affiliated partners, member portal, networks, or applications, as well as any other services provided by us at any Namale location (collectively, the “Service”).
The Terms of Service are a legally binding contract between you and Namale and must be accepted before you use or receive any Service at our Resort or through any Namale member portal, network, application, or affiliated partner. By accepting these terms, you agree that you have read and understood the following terms and conditions, including the Namale Resort Privacy Policy (the “Privacy Policy”) collectively with these Terms of Service, the “Terms”). If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service.
Service Overview. The Service is designed to provide users of the Service (“Guests”) with hospitality and spa services.
1. Eligibility
With some exceptions, you must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. We may allow you to participate in certain of the Services if you are at least 16 years old, in which case we will require a parent or guardian to consent to your participation.
2. Release of Liability
Services are provided to Guests at their request for use at the sole discretion of the Guests and at their own risk. You acknowledge that there are various degrees of physical activity associated with participating in the Services and by receiving Services offered at the Resort you are solely responsible for determining which Services are suitable for you. By consenting to these Terms, you acknowledge that it is your responsibility to perform physical activities commensurate with your level of comfort and condition and to promptly inform Namale of any difficulties or conditions that may hinder your participation in any Services. Namale may exclude any person from utilizing or participating in any Services. You understand that you are to consult your own personal physician or medical provider if you have any questions regarding your diet, nutrition, level of fitness or health condition. You release and hold Namale harmless from liability attributable to your own fitness level or health condition, or how you decide to use any Service or information provided to you.
3. Information, Data, & Privacy
In connection with a Guest’s participation in any Namale Services, information about the Guest will be collected by Namale staff, through online questionnaires, online data input by Guest, or through an equipment made available at the Retreat or otherwise made available by or for Namale. As used in these Terms of Service, “Personal Information,” “Sensitive Information,” and “Aggregated Data” will have the meanings given to them in the Privacy Policy. In providing personalized Services, Namale and its staff may access and use the following types of Personal Information , including Sensitive Information, that you voluntarily provide, either directly or indirectly, including through the use of any Service, Namale website or portal, or any third-party website or software application connected to Namale, including, but not limited to: your guest registration and contract information (e.g., date of birth, mailing address, email, phone number, dates of stay, and travel itinerary), your wellness and fitness goals. Such Personal Information may be shared and combined with other information that you have previously provided to Namale, as described in the Privacy Policy.
While the Services include the collection of Personal Information, you understand and give Namale the right to collect, store and utilize any Personal Information, including any Sensitive Information voluntarily provided by you, including through a device, instrument, or application used or controlled by you, to provide feedback to enhance the Guest’s use of the Services.
4. Accounts and Registration
A guest profile and user account will be created when you either sign-up on any related Namale websites and member portals or by making a booking at a Resort, register to use the Service, or interact with a reservation specialist or guide. To register to use the Service, you may be required to provide us with some information about yourself including your name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date during the period of time that you use the Service. The Namale Privacy Policy describes how we handle your Personal Information, including your Sensitive Information.
5. Intellectual Property
The Service is owned and operated by Namale. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Namale are protected by intellectual property and other laws.
6. Prohibited Conduct
By using the service, you agree not to:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- Access or attempt to access any information about a Guest other than yourself, including their account, guest profile, personal information, or other personal resources or information;
- Interfere with any security-related features of the Service including disabling or circumventing features, reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth or any other personal information;
- Share your Namale username, password, access token, customized web link, or other access credential;
- Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
- Attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.
7. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
8. Term, Termination and Modification of the Service
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section 8.
If you violate any provision of these Terms and your authorization to access the Service and these Terms automatically terminate. Namale may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@NamaleResort.com. Upon termination of these Terms: your license rights will terminate, and you must immediately cease all use of the Service and Sections 5, 7, 8, 9, 10, 11 and 12 will survive.
Namale reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Namale will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
9. Indemnity.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Namale and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Namale Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any terms or conditions required by any third party product or service, including terms of use associated with any third-party device, application, or service that connects or shares any Sensitive Information with Namale, or any applicable law or regulation; or (c) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
10. Disclaimers; No Warranties
The Service and all Materials and content available through the Service are provided “as is” and on an “as available” basis. All disclaimers set forth herein and in the Privacy Policy are hereby incorporated by reference under this Section 12.
11. Limitations of Liability
To the fullest extent permitted by law, in no event will the Namale Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any Materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Namale Entity has been informed of the possibility of damage.
To the fullest extent permitted by law, the aggregate liability of the Namale Entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of the amount you have paid to Namale for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to claim.
The allocation of risks set forth in this Section 11 is an essential element of the basis of the bargain between the parties. The limitations in this Section 11 will apply even if any limited remedy fails of its essential purpose.
12. Miscellaneous
12.1 General Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Namale regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect either party’s right to require performance at any other time after that, nor will a waiver of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
12.2 Governing Law.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Namale submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California, United States of America for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
12.3 Additional Terms.
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
12.4 Contact Information.
The Service is offered by Namale West, Inc., which can be reached at 9051 Mira Mesa Blvd., # 261229. You may contact us by sending correspondence to that address or by emailing us at info@NamaleResort.com.
12.5 Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
12.6 No Support.
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
12.7 International Use.
The Service may be accessed from countries or territories outside Fiji. We make no representation that the Service, its content, or any products or services referenced on the Service are appropriate, available, or lawful for use in any particular jurisdiction. Access to the Service from locations where such access, content, or services are illegal is prohibited.
If you access the Service from outside Fiji, you do so on your own initiative and are responsible for compliance with all laws and regulations that apply to you, including those relating to consumer protection, e‑commerce, privacy and data protection, import/export controls, and sanctions. Without limiting the foregoing, you represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in, and will not access or use the Service from, any jurisdiction subject to comprehensive sanctions or other applicable trade restrictions, and that you are not identified on any applicable sanctions, denied party, or restricted party list.
By using the Service, you understand that your information may be transferred to, stored, and processed in Fiji and in other countries where we or our service providers maintain facilities, as described in the Privacy Policy. Availability of particular features, products, or services may vary by location, and any translations are provided for convenience only; the English version controls in the event of a conflict. Nothing in this Section limits any non‑waivable rights you may have under the mandatory laws of your place of residence.
12.8 Arbitration.
Any dispute arising under or in connection with these Terms will be resolved only by binding arbitration before one arbitrator acting under and selected in accordance with the Consumer Arbitration Rules of the American Arbitration Association, which are available online at www.adr.org. Such arbitration will be conducted in English in Los Angeles, California, United States of America and the decision of the arbitrator may be entered in any court of competent jurisdiction. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
However, the provisions of this Section 12.8 do not waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable federal, state, or local regulatory agency; (c) seek injunctive relief in a court of law in aid of such arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
