DrHair® | DrSpa® Terms & Conditions
CLS International Marketing Pte Ltd (A wholly owned subsidiary of A DrBrand Pte Ltd) (“CLS”)
These terms and conditions are incorporated into the agreement between the Customer and A DrBrand Pte. Ltd. in relation to DrGL®, DrSpa® and DrHair® products and services provided to the Customer.
1. Definitions and Interpretation
Unless expressly provided for in the contrary: “Customer” refers to the DrGL®, DrSpa® and/or DrHair® customer stated in the Tax Invoice; “Guest” refers to guest(s) invited by the Customer to visit the Company’s Facility; “Fees” refers to the sums payable in respect of products and services at such rates as may be applicable; “Company” refers to A DrBrand Pte. Ltd.; “Facility” refers to any facility managed by the Company under the DrGL®, DrSpa® and DrHair® brands; and Privileges refer to any benefit, discounts, packages, promotion and any other privileges extended by the Company to the Customer from time to time. The Company is a GST registered company. (GST Reg No. 201613562D).
2.1 Notice of the prevailing Fees shall be published in official brochures, posted at public areas of a respective Facility or included in any publicity material in any medium (including but not limited to emails or the internet) as the Company deems fit. Any changes in the Fees shall be effective from the dates stipulated in such notices.
2.2 Unless otherwise stated, Fees shall be stated in the currency of Singapore.
2.3 The Company reserves the sole and express right to approve or reject any new Customer without assigning any reasons whatsoever. The Company’s decision in this respect shall be final.
2.4 Each Customer must make full payment of the Fees in relation to all ala-carte treatments & retail products and services
3. Termination of Agreement
3.1 The Company reserves the right in its sole discretion to refuse entry; remove any Customer and/or Guests; or to terminate any package agreement with a Customer who in the opinion of the Company’s management:
(a) has committed a criminal offence on the Facility premises;
(b) has displayed unbecoming or uncivil behaviour within the Facility premises;
(c) has failed to observe or comply with any terms, conditions, rules and regulations of the Facility;
(d) has acted in any manner that is abusive or offensive to the employees of the Facility or towards other Customers and/or Guests; and
(e) has failed to pay of all or part of any fees, expenses, charges or other amounts due to the Company whether arising out of this agreement or incurred upon any visit to any Facility or upon the use of any product or service.
3.2 In the event of any termination, no Customer shall be entitled to any refund on the whole or in part of the Fees paid, unless within the cooling-off period of five (5) working days excluding Saturdays, Sundays and Public holidays from the date of the tax invoice.
3.3 Upon the termination of the package agreement, all rights and privileges of any Customer shall cease with immediate effect.
3.4 The termination of any agreement shall not affect the Company’s right to recover any monies owning including but not limited to expenses, charges or fees imposed or incurred or occurring prior to and up to including the date of termination.
4. Customer’s Responsibilities and Liabilities
4.1 Each Customer shall comply with and observe the following Terms in this Clause 4.1 and all prevailing rules and regulations at the respective Facility at all times and shall procure that every Guest complies with and observes the same at the material time during all their visits.
(a) Consumers Only
The Company sells products and services to end-user customers only. A Customer may not purchase products & services from the Company for resale unless authorized in writing by the Company. To the extent permitted by the applicable law, the Company reserves the right to refuse, terminate or cancel the Customer’s orders or purchases if the Company suspect the Customer is doing so without the necessary authorizations.
(b) Bookings / Appointments
Advance bookings / appointments are required unless otherwise notified or stated. All bookings / appointments are subject to availability. All bookings / appointments are subject to changes without prior notice.
(c) Pricing of Goods & Services
The Company adheres to pricing transparency for all charges including additional services such as ampoules and any-top up services. A la carte price lists for product and treatment services may be requested for reference from the Company’s personnel. Any alteration, amendment and revision of single treatment or treatment packages may be subject to additional costs payable by the Customer, if necessary. For the avoidance of doubt, if any pre-paid products and services have been rendered obsolete by the Company prior to redemption of the purchase(s), the Company shall replace them with similar products and services of equivalent purchase price(s) or higher. The Customer shall bear any such amount in excess of the purchase price(s). The Company ensures that all retail products are of satisfactory quality and within validity date of “good” usage at the point of sale. Customer is advised to inspect the retail products’ sealed packaging and validity date prior to purchase as no return or exchange shall be entertained thereafter.
(d) Deposits / Cancellations/ Validity
An initial deposit of not less than twenty-five per cent (25%) of the purchase price will be required to confirm any Customer reservations and is valid for twelve (12) months from date of purchase. There shall be strictly no cancellations, refunds or exchanges for all purchases, save for defective product(s) which the Company shall grant exchange(s) to the Customer. Any request by Customer to transfer the purchased products and/or services is at the sole and final decision of the Company. Any alteration, amendment, revision and transfer of products and/or services purchased may be subject to additional fee payable by Customer at the absolute decision of the Company. For the avoidance of doubt, if any pre-paid products and/or services have been rendered obsolete by the Company prior to redemption of the purchases(s), the Company shall replace them with similar products and/or services of equivalent price(s) or higher. The Customer shall bear any such amount in excess of the purchase price(s). Notwithstanding the above and save for any other reasons than defects, services that have been utilized and/or products that have been consumed cannot be returned, refunded, exchanged or transferred.
All packages are valid for twenty-four (24) months from date of package purchase. Strictly no extensions allowed.
(e) Payment Terms
Full payment of purchases is required upon confirmation of purchase and issuance of the Tax Invoice. Customers have a choice of making payment by cash, NETS, credit cards, cheques and/or credit card instalment plans, subject to the Company’s approval. Cheque payments need to be crossed and made payable to CLS International Marketing Pte. Ltd. (and drawn on a Singapore bank).
4.2 All Customers shall be responsible for their Guests including but not limited to any expenses, fees or any other charges incurred by their Guests or levied by the Company at any Facility.
4.3 Should any injury or medical conditions arise that appear to require medical attention (in the opinion of any staff of the Facility or Company) during their visit, the Company shall, on behalf of the Customer and/or Guest, call and request for medical help.
4.4 The Company shall not be responsible or held liable for any or all cost, expenses, loss, or claims that may arise from or in relation to medical assistance or treatment required by the Customer or Guest. Any or all such cost, expenses, loss or claims shall be the total and full responsibility of the Customer.
4.5 Where any Customer or guest damages or breaks any facility, equipment or any or part of the property of the Facility, such Customer shall be liable for the entire cost of necessary repairs or replacements. Such costs shall be assessed by the Company whose decision shall be final and conclusive.
4.6 The Customer agrees to fully indemnify and hold harmless the Company, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees (on an indemnity basis), arising from any breach of these terms and conditions by the Customer, or in connection with any act, omission, default, negligence or conduct of the Customer’s Guest, or in connection with any other liabilities arising out of the Customer’s or the Guest’s use of the Facility or any product or service.
4.7 Each Customer shall ensure that the Customer and the Customer’s Guests, if any, shall have the sufficient knowledge for the proper use of the Facility’s services and shall undertake, prior to any visit, to be in good health and sufficient state of physical fitness.
4.8 Each Customer shall be personally responsible for the personal safety of the Customer and the Customer’s Guest at all times within the Facility.
5.1 This agreement shall not confer on any Customer and such Customer shall not acquire any right, title or interests in the premises, fixture, equipment or assets whatsoever of the Facility or any part thereof.
5.2 The Company shall not be liable for any loss or damage to property, or any bodily injuries, illness or death of any Customer, Guests and/or any other persons including third parties in the Facility, howsoever caused, aggravated or incurred arising out of or in any way connected with but not limited to any behavior of the Customers and/or Guests (including such behavior as may be deemed inappropriate by the Company), the use of the Facility’s services, facilities, programs, activities and/or equipment. This exclusion shall not apply where the Company is determined in a court of law to be negligent and shall be effective save where expressly excluded by applicable law.
5.3 The Customer agrees that, except for death and personal injury arising from the Company’s negligence, the Company shall not be liable in contract; tort (including, without limitation, negligence); pre-contract or other representations (other than fraudulent misrepresentations); or otherwise out of or in connection with this agreement; or usage of the Facility or product or service; for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; or any special or indirect consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under this agreement or use of the Facility’s services or products whether arising out in connection with the Customer.
5.4 The Company may at any time in its discretion and without prior notice, amend, vary or add to the rules, regulation, benefits, privileges, terms, conditions and use of the Facility and equipment as may from time to time be enjoyed by the Customers. The Company may do so by sending the Customer a notice or by issuing a notice that can be viewed at any of the Facility or on the official website or by any other method that the Company deems fit. Such variations take effect from when they are stated to take effect whether or not the Customers are aware of them.
5.5 If any Customer does not agree to any amendment, deletions or variations to these terms or any rules and regulations of use, they may terminate this agreement forthwith. The Company will not be liable for any refund, compensation or any claims in such circumstances. By continuing to use the Facility, the Customers are deemed to have agreed to be bound by these new terms and conditions and rules and regulations.
5.6 The Company reserves the right to temporary close the Facility and withdraw any right conferred on Customers to use any Facility for purpose of renovation, re-organization, or effecting a change in management of the Facility. In such an event, the company reserves the right to suspend the provision of any product or service for the time being without the company being liable to any Customer for compensation or damages.
5.7 The Company shall not be responsible for the safekeeping, loss, theft or damage of any Customer’s belongings including those of the Guests brought into the Facility.
5.8 The Customer acknowledges and agrees that no partnership or agency relationship exists between the Customer and Company as a result of this agreement or the Customer’s use of any Facility’s services.
5.9 Any delay or failure by the Company to exercise its rights and/or remedies under this agreement does not represent a waiver of any of the Company’s rights.
5.10 The terms and conditions herein (as amended from time to time) constitutes the entire agreement between the Customers and the Company regarding the Customer’s usage of the products and services provided by the Company and supersedes all previous agreements, understandings and arrangements, written or oral, between the Customer and the Company in relation to such matters.
5.11 Personal notification may be made to Customers via, facsimile, electronic mail, postage mail or any other notification the Company deems fit. The Customer is deemed to have been notified:
(a) immediately, if via electronic mail sent through the Company’s computer;
(b) following confirmation of transmission being issued by the facsimile machine used by a Facility; and
(c) by the 2nd and 5th business day immediately following the date of dispatch of local and overseas postal mail respectively.
5.12 In cases of any disputes, all decisions made by the Company’s management will be final and no correspondence will be entertained.
6. Confidentiality of Information / Personal Data
6.1 The Company agrees to keep confidential all personal particulars, information, treatment records and transactions of the Customer.
6.2 The Company is authorized by the Customer to use, store and transfer, as the Company’s management may consider necessary, the Customer’s personal information and details to all such persons, including but is not limited to, its employees, affiliates, agents or partners of the Company and its group of companies for any and all purposes in connection with such services and/or for the purposes of promoting, improving and furthering the provision of the Company’s products and services to the Customer. This includes marketing and promotion of the Company’s new products and services by way of: (a) phone calls; (b) mobile / text messaging (including SMS and MMS); (c) sending newsletters and marketing materials by way of emails, facsimile or postal mail; and (d) participation in promotions and contests.
7. Policy for Trial Offer(s)
Valid for first-time customers to DrSpa® and DrHair®. Special condition will apply for first time customers aged 18 years of age, of which an accompanying customer of aged 21 years and above must be present to utilize the trial treatment together with the Customer. Trial offer(s) are open to Singapore citizens, PRs and EP holders only. Prior booking of appointment is required. Please produce the original receipt / promotion collateral and identity card/employment pass on appointment date. Treatment(s) are to be completed on a single visit. All trial offer(s) are non-refundable and non-exchangeable. Trial offer(s) are valid for three (3) months unless otherwise specified. The Company reserves the right to change the conditions contained in this paragraph without prior notice.
8. Limitation of Liability
8.1 The Company shall not be liable for any loss, damage or injury to the Customer in whatsoever way arising, during or in connection with treatment or otherwise, unless caused by our gross negligence
8.2 As far as the Company’s liability is excluded or limited, the same applies for personal liability on the part of the Company’s employees, representatives and agents to the maximum extent permitted by applicable laws.
9. Governing Law
The terms and conditions contained herein shall be governed by Singapore law, and the Vienna Convention on Contracts for the International Sale of Goods shall not apply in any circumstances.