TERMS AND CONDITIONS OF
CONTINUED USE OF SERVICES

This Terms and Conditions of Continued Use of Services (“Agreement”) is executed by and between the Provider doing business at the Principal Place of Business and the Client residing at Place of Residence, collectively referred hereunder as the “Parties”. The Client, by affixing his or her signature below hereby agree to be bound by the following terms and conditions:

1. Definition

For purpose of this Agreement the terms “Provider”, “Principal Place of Business”,“Client”, “Place of Residence”, “Date of Signing”, and “Place of Signing” shall have the meaning found in Schedule A of this Agreement.

2. Term and Applicability

• 2.1. The Term of this Agreement shall be valid for a period of three (3) years commencing on the Date of Signing and shall automatically and continuously be renewed unless either party notifies the other in writing of its intent not to renew this Agreement at least thirty (30) days before the expiration of the current Term.
• 2.2. The Parties agree that, unless otherwise indicated by the Provider in writing, all services rendered by the Provider in favor of the Client shall be governed by the provisions of this Agreement.
• 2.3. The Client agrees to be bound by the terms and conditions of this Agreement despite its subsequent variation and/or amendment. For all intents and purposes the parties acknowledge and agree that the continued use and/or availment of the services of the provider shall constitute its continued consent to the revised terms and conditions of the same. To this end, the Provider shall exert commercially reasonable efforts to update the online version of this Agreement to guide its clients as regards the revised terms.
• 2.4. The Parties agree that this Agreement may immediately be terminated by the Provider for any cause whatsoever provided that it shall either notify the Client in writing or shall post such notice of termination in its website.

3. Right to Refuse

The Provider, at its absolute discretion, may refuse to perform any service in favor of the Client especially in instances where the Provider reasonably believes that it will violate any law or governmental regulation, or that performing such service might result to injury or damage to the Client or the facilities of the Provider which includes but not limited to instances where the Client is accompanied by a child less than eleven (11) years old, a pet or if the Client is holding a baby and/or a child.

4. Warranties of the Client

By availing of the services of the Provider, the Client unconditionally agrees and warrants that:

• 4.1. The Client is of majority age. If the Client is a minor, that he/she has secured the necessary parental consent to avail of the services of the Provider. In either event, the Client warrants that he/she has authorized the performance of the procedure out of the Client’s own free will and own risk.
• 4.2. Before any refunds shall be issued by the Provider for any cancellation of a confirmed appointment, the Client must have notified the Provider at least five (5) business days before the scheduled appointment.
• 4.3. The Client shall be responsible for his or her personal properties. As such, any loss or damage to the Client’s personal properties while within the premises of the Provider shall be borne exclusively by the Client.
• 4.4. The Client shall not perform any of the acts that the Provider may from time to time prohibit within its premises (e.g. smoking, bringing of dangerous weapons and the like).
• 4.5. Prior to the performance of any of the services by the Provider, the Client have been fully informed of the same and the procedures it will perform in relation to the services. The Client further understands the application methods, the solution and tools used during the procedure, and the aftercare needed to ensure the longevity of the effects of the treatment. The Client likewise acknowledges that there are risks in the performance of the aforesaid procedure and the same have been fully disclosed to the Client by the Provider.
• 4.6. The Client understands that no representation, guarantee, warranty, promise, commitment, or statement has been made implicitly or explicitly other than the information provided herein as regards the longevity, appearance and final result of the services of the Provider.
• 4.7. That the Client has read, understood and agrees to the terms and conditions shown in the Notices of the Provider published in https://kiyosa-beauty.com. The Client likewise understands that the aforesaid notices may, from time to time, be varied and that the Client’s continued availment of the services shall constitute its continued agreement and consent to be bound thereto.
• 4.8. The Client has been informed of the chemicals utilized by the Provider in providing the service to the Client. As such, the Client undertakes not to avail of the services that may negatively impact the Client on account of the latter’s physical and medical conditions, including allergies. Moreover, the Client represents that the Client has secured medical advice from a competent and qualified physician before the Client availed of the service. The Client further binds himself or herself to inform the Provider in writing of any such physical, medical and such other conditions that the Client may have from which it can be reasonably inferred that utilization of any service of the Provider may result to injury or damages on the part of the Client. Failure of the Client to comply with any obligation under this section 4 shall result in the release of the Provider from any and all claims and/or liabilities that may arise from any and all injuries and/or damages that may be incurred by the Client as a result of the services provided by the Provider.
• 4.9. The failure or refusal of the Client to provide the Provider any information　required under this Agreement or if the information provided by the Client is held to be inaccurate in any degree, the Client agrees that the Client shall be held solely accountable and shall be exclusively liable for any and all damages that may arise from any damage or injury that the Client may suffer including all legal costs, fees and other expenses that the Provider may incur as a result thereof.
• 4.10. The Client likewise agree that the Client shall not disclose any information or issue any statement and/or media releases through any medium whatsoever aimed at maliciously imputing the Provider or any of its officers or employees thereby tarnishing their good reputation in the industry. Any violation of this section shall render the Client liable for all damages that the Provider may incur which shall in no case be less than Php 1,000,000.00 per instance and/or post.

5. Representation and Warranties of the Provider

The Provider in providing any and all services to the Client shall exert commercially reasonable efforts to ensure that the Provider’s employees possess all of the necessary qualifications to perform the services; and that it will perform the Services in a good and workmanlike manner and in accordance with the generally accepted standards of the profession or business.

6. Limitation of Liability

To the extent permitted by applicable laws, in no event shall the Provider, its affiliates or any of their respective directors, officers, employees, or agents be liable for any indirect, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the availment of, or the inability to avail the services of the Provider and any matter related thereto, including without limitation, loss of revenue, or anticipated profits even if the Provider or its representative or such individual has been advised of the possibility of such damages. In no event shall the total liability of the Provider to the Client for any and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Client’s use of the Provider’s Services exceed, in the aggregate, the fees paid for the particular service from which such liability arose.

7. Data Privacy

• 7.1. The Client consents and agrees to the data privacy terms and conditions contained on the website: https://kiyosa-beauty.com/privacy-policy/ which the Client acknowledges to have read and understood. For avoidance of doubt, the Client agrees and consents to the Provider’s collection, processing, storage, and retention of all data, including personally identifiable information, and/or information divulge by the Client to the Provider as well as agrees the services it has availed of from time to time. The Client further acknowledges and agrees that the Provider may use such information for purposes related but not limited to marketing and policy making purposes and such other purposes to be utilized by the Provider in conducting its own internal research that are reasonably related to its business or such other businesses that the Provider may engage in.
• 7.2. The Client understands, consents and agrees for the Provider to share the Client’s information to the Provider’s affiliate companies, institutions, and or subsidiaries, or third-party service providers who assists the Provider in operating its business, such as payment processors, appointment booking systems, and marketing platforms.

8. Severability

In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, it is the intent of the Parties that such provision be replaced, reformed or narrowed so that its original business purpose may be accomplished to the extent permitted by law. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall continue in full force and effect. If, however, the Provider believes that the provisions of this Agreement no longer represent the true agreement of the parties because the provision or provisions of the same are rendered illegal or unenforceable, the Provider may immediately terminate this Agreement by serving a written notice of termination upon the Client or posting such notice of termination in its website.

9. Entire Agreement

This Agreement contains the entire agreement of the parties with respect to the services availed of by the Client. There are no agreements, representations, warranties, covenants or undertakings with respect to the subject matter hereof other than those expressly set forth herein. This Agreement supersedes all other prior agreements and understandings between the Parties with respect to the subject matter hereof.

10. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any action brought to enforce or for breach of this Agreement shall be brought in the courts of the City of Taguig to the exclusion of all other courts.

11. Electronic Signature and Counterparts

• 11.1. The Parties agree that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement, if any, are intended to authenticate this writing and to have the same force and effect as manual signatures. The term “electronic signature” refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.
• 11.2. The parties agree that the execution of this Agreement by electronic signature and/or by exchanging PDF signatures shall have the same legal force and effect as the exchange of original signatures and that in any proceeding arising under or relating to this Agreement, each party hereby waives any right to raise any defense or waiver based upon execution of this Agreement by means of such electronic signatures or maintenance of the executed Agreement electronically.
• 11.3. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, and all of which together will be deemed to be one and the same instrument. Signature pages of this Agreement may be exchanged by facsimile or electronically as a portable document format (PDF) file and such signature pages will be deemed originals.

12. Order of Precedence

In the event of any inconsistency or conflict between this Agreement and the Notices of the Provider, such conflict or inconsistency shall be resolved by giving precedence to the latter.