The Kimarie Terms of Trade
Welcome to Kimarie and thank you for using our Facility (as defined below); products; and services.
Please read these and the terms and disclaimers contained herein carefully.
BY USING OUR FACILITY; OR ANY OF OUR PRODUCTS AND SERVICES, YOU ARE AGREEING TO THE TERMS CONTAINED IN THE AGREEMENT.
1. Definitions and Interpretation
Unless expressly provided for in the contrary:
“Customer” or “you” refers to you, the Customer stated in our Tax Invoices;
“Fees” refers to the sums payable in respect of products and services at such rates as may be applicable
“Company, “we”, or “our” refers to Kimarie Hair and Beauty Training Centre Pte. Ltd.;
“Facility” refers to any facility managed by or on behalf of the Company;
“Privileges” refers to any benefit, discounts, packages, promotion and any other privileges extended by the Company to the Customer from time to time
2.1 Notice of our fees or schedules of charges for our products and services, may be published in official brochures; posted at public areas of a Facility; included in any publicity material in any medium (including but not limited to email or the internet); or informed to you by our stylists or staff. Unless otherwise stated, Fees shall be stated in the currency of Singapore.
2.2 You must make full payment of the fees in relation to all products and services in accordance with the terms to which we agree. You may wish to purchase certain packages of services or products (“Packages”) from us. Please ensure that you comply with the terms of each of these Packages which will be informed to you by our senior stylists, so that you derive the most from them.
3. Customer’s Responsibilities and Liabilities
3.1 You shall comply with and observe the following terms and all prevailing rules and regulations at each Facility at all times and shall procure that every guest of yours complies with and observes the same at the material time during all their visits.
(a) Consumers Only
We sell products and services to end-user customers only. You may not purchase products and services from us for resale. To the extent permitted by the applicable law, the Company reserves the right to refuse or cancel your orders or purchases if we suspect you are doing so.
(b) Bookings / Appointments
- Advance appointments are required unless otherwise notified or stated.
- Despite our best efforts, you may have to wait for your turn despite having made advance appointments.
- All appointments are subject to availability.
- All appointments are subject to change without prior notice.
(c) Pricing of Goods & Services
- Products and services sold; including without limitation, Packages, are non-refundable and non-exchangeable, unless otherwise approved by our senior stylists.
- All prices, discounts, promotional or special offers, including GST where applicable, are stated clearly on the Tax Invoice, and must be paid in full.
- A la carte price lists for product and treatment services may be requested for reference from our personnel.
- Any alteration, amendment, revision and transfer of single treatment or Packages may be subject to additional costs to be borne by you, if necessary.
(d) Cancellations/ Validity
All cancellations and premature termination of Packages are subject to the approval of our management, whose decision shall be final and binding. It is a strict policy of Kimarie that packages once signed for may not be cancelled or terminated save with very valid and urgent reasons, as determined by our management at their sole and entire discretion.
(e) Payment Terms
- Full payment of purchases is required upon confirmation of purchase and issuance by us of our Tax Invoice.
- You shall have a choice of making payment by cash; NETS; credit card; vouchers; and/or credit card installment plans, subject to our approval.
- You will bear all associated charges, e.g. bank charges and credit card surcharges (if any), in relation to payment of purchases. These will not be reflected on the Tax Invoice.
3.2 You shall be responsible for your guests including but not limited to any expenses, fees or any other charges incurred by your guests at any Facility.
3.3 Should any injury or medical conditions arise that appear to require medical attention (in the opinion of any member of our staff) during your visit to any Facility, we shall, on your behalf call and request for medical help. We 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 you or your guest. Any or all such cost, expenses, loss or claims shall be your responsibility.
3.5 Where you or your guest damages or breaks or damages any equipment or any or part of the property of a Facility, you shall be liable for the entire cost of necessary repairs or replacements. Such costs shall be assessed by our management, whose decision shall be final and conclusive.
3.6 You agree to fully indemnify and hold harmless us, our 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 you, or in connection with any act, omission, default, negligence or conduct of your guest(s), or in connection with any other liabilities arising out of yours or your guest’s use of the Facility or any product or service.
3.7 You shall ensure that you and your 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.
3.8 You shall be personally responsible for your personal safety and the safety of your guest(s) at all times within a Facility, and hereby waive any rights you may have against us in the above regards.
4.1 To ensure the safety and enjoyment of other users of our products and services; and to assist in our business operations, we reserve the rights, in addition to our other rights under principle of law, to
(a) approve or reject any new customer without assigning any reasons whatsoever. Our decision in this respect shall be final;
(b) in relation to any Facility, refuse entry; remove any customer and/or his guests; or to terminate any package agreement with a customer who in the opinion of the Management:
(i) has committed a criminal offence on the Facility premises;
(ii) has displayed unbecoming or uncivil behaviour;
(iii) has failed to observe or comply with any terms, conditions, rules and regulations of the Facility and/or any terms of this Agreement;
(iv) has acted in any manner that is abusive or offensive; and/or
(v) has failed to pay all or part of any fees, expenses, charges or other amounts due to us howsoever arising; and/or
(c) terminate any Package agreement with a customer who, in the opinion of the Management, has done any of the acts in Clause 4.1(b).
4.2 In the event of termination of any Package for any reason whatsoever, including for the reasons stated in Clause 4.1, above, you shall not be entitled to any refund on the whole or in part of the Fees paid. This is because, inter alia, resources would have been allocated into the confirmation of the resources required for the Package(s) signed up for.
4.3 Upon the termination or expiry of this Agreement, all rights and Privileges of a customer, including the rights under any package purchased, shall also cease with immediate effect.
4.4 The termination or expiry of this Agreement shall not affect our rights to recover any monies owing including but not limited to expenses, charges or fees imposed or incurred or occurring prior to and up to including the date of termination or expiry.
5.1 The Agreement shall not confer on you and you shall not acquire any right, title or interests in
(a) the premises, fixture, equipment or assets whatsoever of the Facility or any part thereof; and
(b) any part of our intellectual property.
5.2 We 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 in a Facility, howsoever caused which are aggravated or incurred arising out of or in any way connected with but not limited to any behaviour of the Customer and/or guests (including such behaviour as may be deemed inappropriate by us); and/or 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 You agree that, except for death and personal injury arising from our negligence, whereby our maximum aggregate liability arising out of the same shall be limited to Singapore Dollars Two Hundred (SGD 200). we 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 a 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 a Facility’s services or products whether arising out in connection with you.
5.4 We may at any time at our discretion and without prior notice, amend, vary or add to the rules, regulation, benefits, Privileges, terms, conditions and use of the facilities and equipment as may from time to time be enjoyed by customers. We may do so by sending customers 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 we deem fit. Such variations take effect from when they are stated to take effect whether or not customers are aware of them.
5.5 If you do not agree to any amendment, deletions or variations to these terms or any rules and regulations of use, you may terminate this Agreement forthwith. We shall not be liable for any refund, compensation or any claims in such circumstances. By continuing to use our products and services and/or our Facility, you are deemed to have agreed to be bound by these new terms and conditions and rules and regulations.
5.6 We reserve the right to close a Facility, and/or withdraw any right conferred on customers to use any Facility for purpose of renovation, re-organisation, or effecting a change in management of the Facility. In such an event, we reserve the right to suspend the provision of any product or service for the time being without being liable to any customer for compensation or damages.
5.7 We are authorized by you to collect; use; and disclose, as we may consider necessary, your personal information and details to all such persons, including without limitation, our employees, affiliates, agents or partners and our group of companies for any and all purposes in connection with providing products and services to you and/or for the purpose of promoting, improving and furthering the provision of the group’s products and services to you.
5.8 We shall not be responsible for the safekeeping, loss, theft or damage of any of your belongings and those of your guests brought into a Facility.
5.9 You acknowledge and agree that no partnership or agency relationship exists between the you and us as a result of this Agreement or through your use of any product or service.
5.10 Any delay or failure by us to exercise our rights and/or remedies under this Agreement does not represent a waiver of any of our rights.
5.11 The terms and conditions in the Agreement (as amended from time to time) constitutes the entire agreement between you and us regarding your usage of the products and services provided by us and supersedes all previous agreements, understandings and arrangements, written or oral, between the us in relation to such matters.
5.12 Personal notification may be made to you via facsimile, electronic mail, postage mail or any other notification. You are deemed to have been notified:
(a) immediately, if via electronic mail or text message (including WhatsApp or WeChat communications) sent through our communicating devices; and
(b) by the 2nd and 5th business day immediately following the date of dispatch of local and overseas postal mail respectively.
5.13 In cases of any disputes, all decisions made by the Management will be final and no correspondence will be entertained.
6. Dispute Resolution
6.1 Any dispute or difference (“Dispute”) between the Parties arising out of or relating to or in connection with this Agreement, including any question regarding its existence, validity or termination shall be resolved either by reference to mediation, arbitration or by court proceedings, as elected by us.
6.2 Notwithstanding Clause 6.1, if any Dispute at any time arises between the Parties in respect of the interpretation of this Agreement or concerning anything herein contained or arising out of this Agreement or as to the rights, liabilities or duties of the said Parties hereunder, the Parties shall first use their reasonable endeavours to seek to agree a settlement in good faith.
6.3 If any Dispute cannot be resolved, and we elect to bring the Dispute to
(a) mediation, the Dispute shall be referred to the Singapore Mediation Centre in accordance with its prevailing prescribed form, rules and procedure;
(b) arbitration, the Dispute shall be referred to arbitration at the Singapore International Arbitration Centre (“SIAC”). The arbitration shall take place in Singapore at the SIAC, and the arbitration shall be conducted according to the SIAC Rules for the time being in force. The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the SIAC Rules. The language of the arbitration shall be English. The Parties hereby agree that it is their intention that the arbitrator(s) must give full force and effect to all of the terms and provisions of this Agreement in resolving all such disputes. The arbitration award shall be final and binding upon the Parties. The Parties shall fulfill its terms accordingly. The arbitration fee shall be borne by the losing Party. In the course of arbitration, both Parties shall continue to perform its obligations under this Agreement except for the parts under arbitration;
(c) litigation, the Parties hereby submit themselves to the exclusive jurisdiction of the Courts of Singapore.
7. 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.
If you have any questions regarding these Terms and Conditions, please email us at email@example.com.