Dermafal Terms & Conditions
It is hereby agreed between the parties as follows:-
1) In consideration of Dermafal (“the Company”) making available to me, at my request, the facility and services at your Centre as set more particularly above (“the Programme”), I promise to pay you or your authorised employees the full amount of the Programme (including the deposit sum) by the due dates as particularised above.
2) I hereby undertake to make full, proper and punctual payments of all amounts owing by me under Clause 1 above, and I shall not withhold payments of such amounts for any reason whatsoever and my failure to attend to your Centre and/or to utilise the facilities and services shall not effect or reduce in any way my liability to you to make such payments. Failure to make payments for the Programme by due dates set out above shall entitle the Company to interrupt the Programme, to terminate the agreement immediately without compensation and to claim for full agreed case of the Programme and/or exercise any other rights under the law.
3) This agreement and the programme are personal to me and shall not be assigned or transferred. Payments made are strictly non-refundable, non-transferable, and non-exchangeable for alternative programme, products or services.
4) This agreement contained the whole of the terms, conditions, representation, warranties netween us and shall not vary in any manner whatsoever.
5) I hereby warrant that I am physically and medically fit to proceed with any beauty, slimming and aesthetic treatments or the use of any other facilities and services made, available by the Company and I shall not hold you or your employees or your agents liable for any allergies and/or reactions arising as a result of treatments or product use at your Centre.
6) I understand and accept that the Centre does not administer medical treatment and the treatment given under the Programme is not medical but cosmetic in nature. Such treatment is to be applied externally to parts of the body agreed between you and the Company. The Centre or its nominated doctor may recommend additional treatments, courses or nutrition plan based on my needs and personal condition.
7) I hereby acknowledge your rights to terminate this agreement and to withdraw the facilities and services made available to me for any serious misconduct on my part at your Centre and that in such event I shall not be entitled to any refund or any amounts I have paid to you under Clause 2 above.
8) I hereby disclaim and waive all of my rights of action whatsoever against your Company and I shall not hold you or your employees or your agents liable for anything whatsoever including but not limited to the ineffectiveness of the treatment, personal injury, harm or damage to my property or lost of property, whether arising out of my attendance at your Centre or use of the equipment therein or negligence of your employees or agents or otherwise whatsoever unless arising from our gross negligence or intentional misconduct.
9) The Centre does not warrant the effectiveness of the Programme which depends on many factors beyond the Centre’s control. To achieve optimum results from the Programme, I shall:-
- A) Comply with the nutritional guidance and other instructions given by the staff of the Centre or the medical doctor nominated by the centre.
- B) Attend all sessions under the Programme without interruption and at the frequency recommended by the Centre.
- C) Submit to all checkups, tests and examinations by the Centre.
10) Dermafal and its staff reserve the right to terminate services to any customers that display unruly behavior at its premise, disrespectful or use profanities towards its staff without provocation. There would also not be any refund for remaining unutilized sum in view of such adversity.
11) Dermafal would not be liable and is under no obligation to extend any time specified contract should customers fail to honour the said contract on a timely basis.
12) I understand to abide and comply with the rules and conditions of the Centre and acknowledge that such rules as may be amended from time to time, shall form part of my contract and that any failure by me to abide or comply with the same shall constitute serious misconduct under the Clause above.
13) The Company may alter the location of any of its facilities and operational hours during which such facilities may be used by me and such alterations are at the sole discretion of the management of the Company and whether such alterations that there is less or more time available for me to use the facilities, I shall not have any claims against the Company of whatsoever nature arising out of such alterations.
14) Dermafal is a GST registered company, therefore all invoices will be subjected to GST at 6% effective 1st April 2015 . Reference is also made to section 195 of the GST Act 2014 whereby it is stated that ‘goods and services supplied on or after the effective date in the redemption of voucher that is issued before the effective date shall be chargeable to tax.
15) I acknowledge that it is within my concern and responsibility to keep myself updated with the latest and most recent terms and condition from Dermafal which would be updated regularly on the main website of the company.
16) I further acknowledge and agree that the Cost of Treatments under the Programme is under a special package and further that in the event that I shall seek a refund for valid reasons*, other than due to the default or misconduct on my part as referred herein, the Company shall be entitled to charge me for all the treatments utilised and/or enjoyed under the Programmed based and the current retail price (a la carte price) for each single treatment utilised and/or enjoyed at the time seeking the refund and further that the Company is entitled to charge me a sum amounting 35% off the Cost of Treatment under the Programme purchase by me as the cancellation fee.
17) I further agree that the Company shall collect, retain and use the Personal Data provided by me for providing me with services under the Company’s business, marketing of goods and services and sending any advertising and/or promotional material to me, notifying me of special offers or new products, updates and promotions. Please note that in the event I wish to withdraw the consent to the Company for the processing of my Personal Data, I may send my request in writing at the following address:
No. 22, Jalan PJU 3/46, Sunway Damansara,
47810 Petaling Jaya, Selangor, Malaysia
Attention : Admin Department
Email : email@example.com