1.1 The following words and expressions shall have the following meanings:

“Effective Date” means the date on which these Terms come into effect in accordance with Clause 6.1;

“Claims” means claims, losses, damages, expenses, judgements, fines, penalties, taxes and other liabilities whether in contract, tort or otherwise;

“Parties” means the Company and the Customer collectively and “Party” means either of them, as the context permits;

“Consent” means the Customer's informed and voluntary consent to undergo the relevant Services, Complimentary Entitlement, and/or Birthday Treat, including consent given after the nature, purpose, expected benefits, material risks, alternatives and relevant precautions relating to the Services, Complimentary Entitlement, and/or Birthday Treat have been explained to the Customer, where applicable;

“Services” means any treatment, procedure, product, package or other services offered by the Company from time to time which are subscribed for or purchased by the Customer as specified in the relevant invoice or other written confirmation issued by the Company;

“Package” means Services, or Services together with any Complimentary Entitlement and/or Birthday Treat, comprising more than one treatment, session, product or other component, whether described by the Company as a package, programme, bundle or series, and purchased or subscribed for by the Customer under the relevant invoice;

“Complimentary Entitlement” means any treatment, product, voucher, service, benefit, promotional entitlement or other item provided by the Company to the Customer without separate payment, including any complimentary treatment or voucher;

“Birthday Treat” means any treatment, product, voucher, service or promotional entitlement expressly designated by the Company as a birthday treat or birthday promotional entitlement.

“Terms” means these general terms and conditions set out in this Agreement.

1.2 Any reference to any statute or legislation shall unless otherwise indicated, be a reference to the statute of Malaysia and include any statutory modification or re-enactment thereof.

1.3 Any reference to any Clause, paragraph, sub-paragraph, or attachment, except where it is expressly stated to the contrary, is to be construed as a reference to such Clause, paragraph, sub-paragraph, or attachment of or to these Terms.

1.4 References to “RM” and “Ringgit Malaysia” are to the lawful currency of Malaysia.

1.5 Clause headings are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms. In the event of conflict and/or ambiguity between the headings and the text contained therein, the plain and obvious meaning of the text contained therein shall always prevail over the heading.

1.6 Words importing the singular include the plural and vice versa, words importing gender include both genders and the neuter and references to persons include bodies, corporate and unincorporated.

1.7 No rule of construction shall apply to the detriment of any Party by reason of that Party having control and/or was responsible for the preparation of these Terms or any part thereof.

1.8 The term “day”, “week” or “month” shall be a reference to a calendar day, week or month, as the case may be, unless the context otherwise requires.

2.1 These Terms shall govern the provision of the Services which the Customer may subscribe for from time to time.

2.2 These Terms shall be read together with policies and other terms and conditions introduced by the Company from time to time, whether prior to or after the date of these Terms. The Company shall be entitled to modify and/or supplement these Terms, such policies and/or such other terms and conditions without the need to obtain the consent of the Customer and shall notify the Customer in writing of such modifications or supplements. In the event of any conflict or inconsistency between these Terms and any policies or other terms and conditions, whichever is the latest shall prevail to the extent of such conflict or inconsistency.

2.3 Unless otherwise expressly agreed to in writing by the Company, no terms or conditions contained in any notices or other documents issued or made by the Customer shall: (a) operate to modify these Terms, any policies or other terms and conditions introduced by the Company or any notices or other documents issued or previously agreed to by the Company; or (b) bind or impose any liability on the Company.

3.1 The prices for the Services shall be as stipulated in writing by the Company from time to time. Except for the pricing of the Services which the Customer has already agreed to subscribe for, the Company is entitled to revise the prices of the Services as the Company deems fit from time to time.

3.2 Payments for the Services shall be made in such manner or method (including but not limited to credit card, direct deposit or online banking), of such amount, at such time and within such deadlines that the Company may determine or prescribe by notice in writing from time to time. Without prejudice to the generality of the foregoing, the Company shall be entitled to require the Customer to pay a deposit or the entire amount for any Services, whether upfront or within such other period, or in such portions or installments as stipulated in writing by the Company.

3.3 If and where the Company allows or requires payment by way of credit card (including as security for a purchase or for any installment payments), the Customer hereby agrees to provide the Customer’s credit card details and authorizes the Company to take such action as may be necessary to verify the credit card (including charging a nominal customary verification fee to the credit card) and debit or charge any amounts against the credit card.

3.4 All payments made by the Customer shall be made free of all withholdings, deductions, set-off and counter-claims.

3.5 The Company shall be entitled to impose interest at eight percent (8%) per annum calculated on a daily basis on any overdue payments.

4.1 Except as otherwise provided in these Terms or unless otherwise allowed in writing by the Company (in its sole and absolute discretion and on such terms that the Company deems fit):

(a) the Customer shall not be entitled to modify or cancel the purchase or subscription for any Services, exchange any Services which have been purchased or subscribed for any other Services or postpone the scheduled performance of the Services, except as otherwise provided in these Terms, including but not limited to Clauses 4.2, 4.3 and 6.3. For the avoidance of doubt, any request by the Customer to modify or cancel the purchase or subscription for any Services shall be made in writing, clearly state the Customer’s intention to cancel or modify the purchase or subscription for any Services and the date of the request, and be delivered to the Company in the manner as set out in Clause 13 below.

(b) payments that have been made by the Customer are not refundable.

(c) unless otherwise expressly stated in the relevant invoice or Package terms, all Services purchased by the Customer shall be valid for a period of three (3) years from the date of issuance of the relevant invoice or the date of purchase, whichever is earlier;

(d) any Complimentary Entitlement issued by the Company shall, unless otherwise expressly stated, be valid for a period of one (1) year from the date of issuance;

(e) any Birthday Treat issued by the Company shall be valid for a period of one (1) month from the date of issuance;

(f) where a Package comprises both purchased Services and Complimentary Entitlements, each component shall be subject to the respective validity period applicable to that component, unless otherwise expressly stated in the relevant invoice or promotional terms;

(g) upon expiry of the applicable validity period, the relevant Services, products, vouchers, treatments or entitlements, including any Complimentary Entitlement and/or Birthday Treat, shall automatically expire and the Customer shall have no right to redeem, exchange, transfer, extend or obtain any refund, credit or other compensation in respect thereof, unless otherwise agreed by the Company in writing;

(h) any request to extend the applicable validity period shall be subject to the Company's prior written approval and may be granted subject to such conditions as the Company may determine; and

(i) the Customer shall be responsible for monitoring and utilizing the Services, products, vouchers and other entitlements before the expiry of the applicable validity period;

(j) the validity periods provided under this clause shall apply to all Services, Complimentary Entitlements and/or Birthday Treats purchased and/or issued, as the case may be, on or after the date on which notice of these terms is given to the Customer in accordance with Clause 13.1 below (the “Notice Date”).

(k) for any Services, Complimentary Entitlements and/or Birthday Treats purchased and/or issued, as the case may be, before the Notice Date, the Customer shall be entitled to utilize or redeem the same within the corresponding validity period of three (3) years for Services, one (1) year for Complimentary Entitlements, and one (1) month for Birthday Treats, in each case commencing from the Effective Date. Upon expiry of the applicable validity period, any unused or unredeemed Service, Complimentary Entitlement and/or Birthday Treat shall expire and shall no longer be valid or redeemable, unless otherwise agreed in writing by the Company.

4.2 The Customer may, by giving written notice to the Company, elect for an exchange of the Services with any other goods or Services offered by the Company (“New Services”) subject to the following conditions:

(a) any exchange is at the sole and absolute discretion of the Company;

(b) the New Services shall be subject to availability;

(c) the Customer must not be in arrears of any payments for the existing Services;

(d) if the total price of the New Services is higher than the existing Services, the Customer shall pay for the difference;

(e) If the total price of the New Services is lower than the existing Services, no refund, rebate or credit of the difference shall be made to the Customer and, for purposes of the New Services, the Customer shall be required to pay the full price of the existing Services (less any payments already made).

4.3 The Customer shall furnish at least forty eight (48) hours prior notice to the Company in the event that the Customer is desirous of postponing any session of the Services. Any rescheduled session timings requested by the Customer shall be subject to availability. Any rescheduling with shorter notice as aforesaid shall be at the discretion of the Company and the Company reserves the right to forfeit the session.

4.4 Nothing in this Clause shall prevent the Company from postponing, modifying or declining to perform any treatment where, in the Company's reasonable opinion, the treatment is unsuitable, contraindicated or unsafe for the Customer.

5.1 Without prejudice to the Customer’s other obligations, the Customer shall:

(a) promptly pay all amounts payable to the Company as they become due and payable;

(b) ensure all information provided (including contact and payment information) to the Company is correct, complete and up-to-date;

(c) promptly notify the Company upon the Customer becoming aware of any changes in the Customer’s medical or physical condition;

(d) sign or provide any documents or information (including but not limited to the Customer’s medical history or any medicines consumed by the Customer) that the Company may request from time to time; and

(e) provide such documents or information as may reasonably be required for the safe provision of the Services.

(f) comply with all pre-treatment and post-treatment instructions given by the Company;

(g) attend such reasonable follow-up assessments as the Company may require within the period designated by the Company;

(h) promptly report to the Company any adverse reaction or complication arising from or in connection with any Service;

(i) disclose to the Company any treatment received from any other clinic, practitioner or provider which may be relevant to the Services;

(j) disclose to the Company all medications, supplements and relevant skincare products used or consumed by the Customer;

(k) update the Customer’s medical information and disclosures to the Company before each session of the Services;

(l) cooperate with the Company’s investigation of any complaint or alleged adverse reaction, including by providing photographs, medical information and other information reasonably required to assess the same;

(m) conduct himself/herself appropriately towards the Company’s employees and practitioners;

(n) not misuse, resell or transfer any Package or Services or entitlement without the Company’s prior written consent; and

(o) take reasonable steps to mitigate any alleged adverse condition arising from the Services.

5.2 Without creating any additional contractual warranty beyond what is already legally required, the Company shall, to the extent required by applicable law:

(a) comply with its obligations as a supplier of goods and services under applicable legislation of Malaysia;

(b) process the Customer’s Personal Data in accordance with the Personal Data Protection Act 2010 and the Company’s Personal Data Protection Notice referred to in Clause 10;

(c) exercise reasonable care and skill in the performance of the Services to the extent required by law; and

(d) issue invoices, receipts or other records as required under applicable law.

6.1 These Terms shall come into effect upon the earlier of the Customer signing or accepting these Terms or the Customer subscribing for or receiving any Services. Unless terminated earlier, these Terms shall apply to all Services which the Customer may subscribe for from time to time and shall subsist without limit in time.

6.2 In the event:

(a) of a breach of any of these Terms by the Customer and such breach is not remedied within fourteen (14) days of service of a written notice on the Customer requesting for the breach to be remedied; or

(b) any of the following occurs (in which case the Company may immediately suspend, refuse to provide or terminate the Services without observing the fourteen (14) day remedy period referred to in paragraph (a) above), namely where:

(i) overdue or failed payment;

(ii) a chargeback or payment dispute is raised by the Customer;

(iii) the Customer provides false, inaccurate or incomplete information;

(iv) the Customer fails to disclose relevant medical information;

(v) the Customer refuses to provide any consent required for a Service;

(vi) the relevant treatment is, in the Company’s reasonable opinion, medically unsuitable, contraindicated or unsafe for the Customer;

(vii) the Customer engages in abusive, threatening or disruptive behaviour towards the Company’s employees or practitioners;

(viii) the Company reasonably suspects fraud or misuse of any Services;

(ix) the Customer resells or transfers any Services without the Company’s consent;

(x) that a bankruptcy petition or order is presented or issued (as the case may be) against the Customer; or

(xi) the Company reasonably considers it necessary for legal, regulatory or safety reasons,

the Company shall be entitled in its sole and absolute discretion to suspend the performance of the Company’s obligations (including but not limited to the Services) for such duration as the Company deems fit or terminate these Terms. If the Customer has subscribed for more than one Package or Services, the Company may elect to suspend performance or terminate these Terms (as the case may be) in respect of either all packages or one or more (but not all) package(s) of the Services and, if the latter is the case, these Terms shall continue to apply to any remaining packages which are subsisting and in respect of which performance has not been suspended or termination has not been exercised (as the case may be).

6.3 Either Party may terminate these Terms at any time by giving fourteen (14) days prior written notice to the other Party. If the Customer has subscribed for more than one Package or Services, either Party may elect to terminate these Terms in respect of either all packages or one or more (but not all) package(s) and, if the latter is the case, these Terms shall continue to apply to any remaining packages which are subsisting and in respect of which termination has not been exercised.

6.4 Upon termination of these Terms, the Company shall:

(a) not be required to perform any further obligations (including but not limited to perform any Services), save in the case of termination of some (but not all) the packages of Services where the performance shall continue in respect of those packages which are subsisting and in respect of which termination has not been exercised;

(b) be entitled to forfeit all payments that have been made by the Customer as liquidated ascertained damages and the Company shall be under no obligation to provide any refunds, save and except that, in the case where the Company has exercised the right to terminate under Clause 6.3 or either Party has exercised the right to terminate under Clause 7, the Company shall refund the pro-rated value of any Services which have been paid but not yet performed by the Company subject to deducting a sum equivalent to ten percent (10%) of the refundable amount as administrative charges within thirty (30) days from the effective date of termination.

7.1 For purposes of this Clause, “Force Majeure Event” means any circumstances beyond the reasonable control of the Company (including, without limitation, any law, strikes, riots, vandalism, acts of war, nuclear disaster, epidemic or pandemic, outbreak of infectious disease, quarantine, movement control order or lockdown, government-imposed closure or restriction, public health emergency, declaration of a state of emergency, or natural causes such as fire, flood, water, wind, earthquake or other acts of God) which renders the Company’s performance of the Services or its other obligations unlawful or impossible to perform.

7.2 The Company shall not be in breach of its performance of the Services or its other obligations if and to the extent that such breach is attributable to a Force Majeure Event. If a Force Majeure Event occurs, the Company shall promptly give the Customer written notice of the Force Majeure Events. If a Force Majeure Event prevents the Company from performing the Services or any other obligations for a period which exceeds sixty (60) days from the date of the Company’s written notice as aforesaid, either Party may terminate these Terms by written notice to the other.

8.1 The Customer acknowledges and undertakes as follows:

(a) The Customer has voluntarily entered into this Agreement and voluntarily consents to undergoing or obtaining the Services, the Customer has performed and will perform the Customer’s own research as to the risks, disadvantages and adverse effects of the Services and the Customer has not relied and shall not rely on any assurance, representation, warranty, advertisement, projection, forecast, report, brochure, website or other materials or information that may have been prepared, published, provided, quoted or referred to by the Company.

(b) The goods and services offered by the Company (including but not limited to the Services) are of such nature that the same may not be suitable for every individual. The suitability depends on each individual’s medical and physical condition (including but not limited to age, gender, pregnancy, any surgery or other treatment that has been or may be undergone, any diseases that may have been or may be suffered and any medication that may have been or may be consumed). The sole and exclusive onus is on the Customer to make correct and complete disclosure to the Company as to the Customer’s medical and physical condition and the Company is entitled to rely on the disclosures made by the Customer and assume that the same is correct and complete without verification nor make or perform any other enquiries or assessment as to the suitability of the Services for the Customer, but without prejudice to the Company’s right to do so.

(c) No suggestion, recommendation or other statements made by or on behalf of the Company shall be construed as offering medical advice. The Customer shall consult a medical practitioner of the Customer’s choice and at the Customer’s cost if the Customer has any doubts or requires medical advice before the performance or continuation of any Services.

(d) Without prejudice to the foregoing, the Customer acknowledges that the Customer has read and understood the contents of Schedule 1, which contains non-exhaustive examples of some of the potential risks or adverse side effects that may arise from the Services and post-treatment instructions. The Customer acknowledges that there may be other risks or adverse side effects not mentioned in Schedule 1 and the Customer’s compliance with any instructions in Schedule 1 does not necessarily mean that no risks or adverse side effects will arise.

(e) Without prejudice to the generality of the foregoing, the Customer further acknowledges and agrees that:

(i) treatment outcomes and results vary between individuals and no specific result or outcome is guaranteed;

(ii) any before-and-after photographs, testimonials or reviews shown or referred to by the Company are illustrative only and are not a representation as to the results the Customer will achieve;

(iii) any estimated number of sessions or treatments communicated to the Customer is an estimate only and is not guaranteed;

(iv) any treatment recommendation made by or on behalf of the Company does not constitute a guarantee of outcome; and

(v) no oral statement, representation or promise made by any consultant, salesperson or other personnel of the Company relating to payment methods, refunds, extensions, transferability, validity periods or treatment results shall vary, supplement or override these Terms unless confirmed in writing by an authorised representative of the Company.

8.2 Nothing in these Terms shall be construed as a guarantee of any particular result or outcome from the Services.

9.1 Notwithstanding anything that may be to the contrary in these Terms and to the fullest extent permitted by law, the Company excludes and makes no representations and warranties, whether implied, customary or otherwise, in respect of the Services or other obligations of the Company;

9.2 To the fullest extent permitted by law, the Company shall not be liable for any loss, damage, cost, expense or Claim arising from:

(a) the Customer's failure to disclose relevant medical or physical information;

(b) the Customer's failure to comply with pre-treatment or post-treatment instructions;

(c) any individual or unforeseeable response to treatment;

(d) circumstances beyond the Company's reasonable control; or

(e) any act or omission attributable to the Customer.

(f) treatment, medication or advice provided by another treatment provider not engaged by the Company;

(g) any medication or skincare product not supplied by the Company;

(h) self-treatment by the Customer;

(i) the Customer’s non-compliance with aftercare or post-treatment instructions;

(j) delayed reporting by the Customer of any adverse reaction or complication;

(k) the Customer’s failure to attend any recommended follow-up assessment; and

(l) any other intervening act or omission of the Customer,

9.3 To the fullest extent legally permissible, the Company shall not be liable for any indirect, special or consequential loss or damage, including loss of income, profit or opportunity, arising out of or in connection with the Services.

9.4 The occurrence of any risk or side effect disclosed in Schedule 1 shall not, by itself, constitute or establish negligence, breach of contract or defective performance of the Services on the part of the Company.

9.5 Any unreasonable delay by the Customer in reporting an adverse reaction, or any failure by the Customer to cooperate with the Company’s investigation of a complaint or to attend a recommended follow-up assessment, shall be a relevant factor in determining causation and the extent of any Claim, provided that nothing in this Clause 9.5 shall be construed as imposing an absolute contractual time bar on the Customer’s rights.

9.6 Without prejudice to Clause 9.1 and 9.2, the Company’s maximum and cumulative liability to the Customer for all Claims arising out of or in connection with a particular Services shall not exceed the amount actually paid by the Customer to the Company for that particular Services (or where the Claim relates to a specific treatment or session within the Services, the value attributable to that treatment or session).

10.1 The Customer acknowledges that the Company collects, uses, discloses and otherwise processes the Customer’s Personal Data (as defined in the Personal Data Protection Act 2010) in accordance with the Company’s Personal Data Protection Notice set out in Schedule 2 to these Terms (the “Notice”).

10.2 The Customer acknowledges that the Customer has been provided with the Notice and has been given a reasonable opportunity to read and understand the same prior to providing any Personal Data to the Company.

10.3 Any request by the Customer to access, correct or otherwise exercise the Customer’s rights in respect of the Customer’s Personal Data shall be made in accordance with, and to the contact channel specified in, the Notice.

Nothing in these Terms shall be construed as granting to the Customer any rights or title to or interest in any intellectual property (including but not limited to any trademark, copyright, design or patent) produced or belonging to the Company. The Company shall have and retain sole and exclusive rights to all intellectual property.

12.1 Time, wherever mentioned in these Terms, shall be of the essence.

12.2 If any one or more of the provisions or part thereof contained in these Terms is or becomes invalid or unenforceable due to any reason, this shall not in any way affect or impair the validity or enforceability of the remaining provisions of these Terms. The Parties shall use reasonable endeavours to replace such a provision with a valid provision, the effect of which is closest to the intended effect of the invalid or unenforceable provision, or in any case, with a provision which would give effect to the intention of the Parties and to the spirit of these Terms.

12.3 Except as otherwise provided in these Terms, no delay or omission by the Company in exercising any right, power or remedy provided by law or under these Terms shall affect that right, power or remedy or operate as a waiver of it. The single or partial exercise of any right, power or remedy provided by law or under these Terms shall not preclude any other or further exercise of it or the exercise of any other right, power or remedy. No waiver of any right, power or remedy provided by law or under these Terms shall take effect unless it is in writing and signed by authorised representatives of the Company.

12.4 The Company shall be entitled to assign its rights and/or obligations to any third party by giving written notice to the Customer. These Terms and the Services are personal to the Customer and non-transferable under any circumstances (including but not limited to death or migration of the Customer) except as otherwise agreed to in writing by the Company.

12.5 These Terms shall be governed by and construed in accordance with Malaysian law. All disputes between the Parties shall be determined by the Malaysian courts.

13.1 Any notices to be given by the Company to the Customer may be given by one or more of any the following modes as selected by the Company and shall be deemed to be given as follows:

(a) if by e-mail, the notice shall be deemed to have been received by the Customer if no failed delivery report is received by the Company within twenty four (24) hours from transmission or upon the Company’s receipt of a successful delivery report, as the case may be;

(b) if by short-message-service (SMS) or other mobile phone message applications (including but not limited to WhatsApp), the notice shall be deemed to have been received by the Customer if no error message is received by the Company upon transmission (if by SMS) or if there is other evidence of delivery (if by other mobile phone message applications, including but not limited to by way of a ‘double tick’);

(c) if by hand or courier, the notice shall be deemed received by the Customer upon delivery to the Customer’s address as stated in the relevant Invoice, or the Customer’s last address notified in writing to the Company, and shall be deemed so received notwithstanding that (i) delivery is refused, (ii) no person is available at that address to accept the notice, or (iii) the Customer has failed to notify the Company of a change of address; and/or

(d) by such other reasonable mode as the Company may select from time to time (including but not limited through the Company’s website or social media pages), which shall be deemed to be given upon publication or posting.

Notices given as aforesaid shall be deemed to be given upon the occurrence of the earliest event of deemed receipt.

13.2 All notices to be given to the Company shall be given mutatis mutandis in accordance with Clause 13.1(a), (b) or (c).

13.3 The Parties’ contact details shall be as set out in the relevant Invoice. Any change in either Party’s contact details shall be promptly notified to the other, and such contact details shall be deemed to be each Party’s last known contact details unless and until a change is notified in writing to the other Party.