Acceptance of Terms. By accessing or using Our Website and/or Product and/or Service and/or Package for Service, or clicking any button to indicate your consent, or making a reservation and/or booking at any LNY outlet, you accept and agree to be bound by these Terms, as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use Our Website or any Product or Service or Package for Service.
Amendment of Terms. LNY may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments shall be effective upon our posting of such updated Terms on Our Website. Your continued access to or use of Our Website and/or Product and/or Service and/or Package for Service after such posting of amendments, constitutes your consent to be bound by the amended Terms.
Additional Terms. In addition to these Terms, certain Product and/or Service and/or Package for Service may also be subjected to additional terms, conditions, guidelines or rules which may be posted on Our Website, or communicated or modified by us. Your use of the Product and/or Service and/or Package for Service is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms.
DEFINITIONS AND INTERPRETATIONS
In these Terms the following words and expressions bear the following meanings: –
|Word or expression
|“A la carte rate”
||Means the regular rate of the Service in the price list. It does not refer to the rate in the Package for Service, being the total value of the Package for Service divided by the number of sessions.
||Means any day which is not a Saturday, Sunday or Public Holiday in Singapore.
|“Certified Medical Practitioner”
||Means any medical doctor registered, or licensed as a medical practitioner under the law and regulations of Singapore.
|“Cooling Off Period”
||Means a period of 5 Business Days from the date you have signed up for the Service(s) or Package(s) of Service.
||Means any person who purchases any Product(s) and/or Service(s) and/or Package of Service(s) at LNY.
||Means any employee of LNY including, but not limited to, any hairstylist, beautician, therapist, counter staff, and cleaners.
||Means the deposit paid by a Customer when he or she signs up for the Package for Service, the deposit paid must be at least 25% of the price of the Package for Service.
||Means our outlets at
(a) 360 Orchard Road, #03-18/19, International Building, Singapore 238869, or
(b) 8 Wilkie Road, Wilkie Edge, #01-14
And any additional outlet which may begin operation at any point in time.
||Means any Package for Service which is exchanged for a different and new Package for Service
||Means any tangible retail merchandise(s) which is/are being sold at any LNY outlet, including but not limited to, hair, facial, skin and body-related beauty product(s) or therapeutic-care product(s).
||Means any hands-on treatment(s) offered at any LNY outlet, including but not limited to, treatment(s) for hair, facial and body massage(s).
|“Package(s) for Service(s)”
||Means any Service(s) which is sold as a package to a Customer, with a fixed number of sessions for specified Service(s) at a fixed price.
- LNY welcomes both male and female Customers.
- LNY will provide Service with reasonable skill and care by appropriately trained Employees. The performance of Service may include, but is not limited to, the relevant hands-on treatment, the use of material/device/equipment incidental to the performance of the treatment and consultation in connection with the treatment.
- As the result of the Service such as hair treatment, facial and body massage depends, among other factors, on each individual Customer’s health, mental condition, personal preference, we do not guarantee a desired or consistent outcome for each treatment or Service. We will accede to your request to change the Employee if the request is made within the first 10 minutes of the session for the treatment or Service. After the Employee has been changed, if you are still unsatisfied with the treatment or Service, you may terminate the Service, without having to make any payment, only if you have requested to terminate the treatment or Service within the first 10 minutes of the session.
- After you have utilised a treatment/Service or a session from the Package for Service, there shall be strictly no refund or compensation from LNY to you, on any grounds.
- LNY will provide Product that is of satisfactory quality.
- Should the Product you purchased be defective, you may request for a replacement with an identical product at the LNY outlet, which is provided “as is” and “as available”. If the identical Product could not be offered, we will refund the full payment to you within 30 days from the date of your request.
- Regardless of whether the Productive is defective or not, you may exchange or refund any Product purchased at LNY outlet provided that the Product(s) is/are in its/their original condition and packaging.
TERMS FOR PACKAGE OF SERVICE
- You should make reservation for all Service and should arrive at least 15 minutes before the scheduled appointment to enjoy the full duration of the Service.
- In the event that you arrive 10 minutes after the scheduled appointment for the Service, LNY reserves the right to cancel the appointment or reduce the duration of the Service. For the latter option, any refund of the duration of the Service which was not utilised shall be decided by LNY on a case-by-case basis and any decision made by LNY shall be final.
- If you cancel a scheduled appointment for a Service or Package for Service at least 4 hours before the scheduled appointment, you will not be charged for the Service.
- If you cancel a scheduled appointment for a Service or Package for Service within 4 hours of the scheduled appointment, or you miss a scheduled appointment, you will be charged the fees for the Service(s) or session(s) of the Package for Service. For the latter, you will be charged based on the usual a la carte rate of the Service(s).
- You are advised to silent your mobile phones and all other electronic devices in the treatment room at any LNY outlet.
- You are required to fill up the Health Declaration Form or update the Health Declaration Form during each visit to the LNY outlet. You are required to fill up a new Health Declaration Form every 6 months. You acknowledge and agree that it is your responsibility to consult with your doctor or other health care professional prior to using a Product or Service. LNY shall not be responsible for the liabilities arising out of or in any way related to your participation in and/or use of any Product or Service including but not limited to with respect to bodily injury, physical harm, loss, illness or death.
- You are advised to place your valuables in the cupboard in the treatment room at the LNY outlet. LNY shall not be responsible for the loss of any property or money arising from your use of the cupboard in the treatment room and/or the LNY outlet.
- You agree to treat all the Employees at the LNY outlet with respect.
- You agree not to:
- Harass or solicit for any indecent or sexual request of any form from any Employee at the LNY outlet or contribute to an unsafe, harassing or threatening environment. If you have caused such harassment, you will be given a strict warning to cease such behaviour immediately. Should you continue to behave in such a manner, we will cease Service immediately. There shall be no refund or compensation to you.
- Act in a deceptive or fraudulent manner by impersonating or allowing another person to impersonate a Customer who has signed up for a Package for Service.
- Upload material that causes damage to the computer system at LNY outlet or data of LNY or use Our Website in any manner that could damage or impair or interfere with any other party’s use of Our Website, or attempt to gain unauthorised access to Our Website, or interfere with security-related features of Our Website, or use Our Website in connection with any purpose that is illegal or prohibited by the Contract.
- When you sign up for a Package for Service, you shall pay LNY a deposit of at least 25% of the price of the Package for Service (“initial deposit”).
- Your initial deposit shall be forfeited if –
- You do not pay the balance for the Package for Service within 30 days after you have paid the initial deposit, or
- You do not pay the balance for the Package for Service within 5 Business Day after the second treatment/Service, whichever happens first.
- After you have signed up for a Package for Service, if you have not utilised the Package for Service, you may terminate the Package for Service during the Cooling Off Period and receive a full refund of the deposit or full payment for the Package for Service, whichever you have paid. We shall refund you either by way of cheque or refund to your credit card account, whichever is applicable. You will have to visit LNY outlet and produce your receipt for the deposit or full payment. Your refund, if eligible, shall be processed within 30 days from the date of your request.
- After you have signed up for a Package for Service, if you have utilised the Package for Service, you may terminate the Package for Service during the Cooling Off Period, and you shall receive a partial refund of deposit or partial refund of full payment for the Package for Service, whichever you have paid. This is because the Package for Service is priced at a discounted rate instead of the usual a la carte rate for each Service(s). Therefore the partial refund shall be calculated by deducting the Service(s) which you have utilised, based on the usual a la carte rate of the Service(s). You will have to visit the LNY outlet and produce your receipt for the deposit or full payment made. Your partial refund, if eligible, shall be processed within 30 days from the date of your request.
After the Cooling Off Period has passed, there is strictly no partial refund to you. However, you or your administrator or executor, as the case may be, may terminate the Package for Service in the event of death or incapacitating illness or physical disability suffered by you. You or your administrator or executor may request for a partial refund, which has to be supported by documentary evidence. You or your administrator or executor will have to visit the LNY outlet and produce your receipt for the deposit or full payment made. Whether you are accorded a partial refund shall be decided by LNY on a case-by-case basis and any decision made by LNY shall be final. As the Package for Service is priced at a discounted rate instead of the usual a la carte rate for each Service(s), the partial refund shall be calculated by deducting the Service(s) which you have utilised, based on the usual a la carte rate of the Service(s). Your partial refund, if eligible, shall be processed within 30 days from the date of your request.
- You may exchange your Package for Service for a Package with different Service(s) (“New Package”) at any point in time, whether within or after Cooling Off Period from the date of signing up, as long as the New Package is of an equivalent or higher value. If the New Package is of a higher value, you shall pay the difference in the value in full. Your package details will be updated accordingly.
- The 5K & 8K Unlimited Package for Service shall expire one year from the date you signed up for it, unless LNY agrees to a different arrangement with you in writing or subjected to clause 5(h) below. Upon its expiry, there shall be strictly no refund for the Package for Service even if it is not fully utilised by you. For the other Packages for Service, there is no expiry date. However, you are recommended to redeem the treatment/Service within two years from the date you signed up for it.
- You are not allowed to suspend your Package for Service except for a one-time concession if you are pregnant. A request for suspension must be supported by documentary evidence.
- You are required to submit a letter from a Certified Medical Practitioner which confirms your pregnancy.
- The one-time concession for suspension will begin when LNY receives the relevant documentary evidence and approves of the suspension. Whether LNY approves of the suspension shall be decided on a case-by-case basis and any decision made by LNY shall be final. LNY will communicate to you in writing the approval of the suspension, duration of suspension, and the new date of expiry for your Package for Service.
- Your Package for Service is non-transferable. You are shall not sell, assign, transfer, pledge or otherwise dispose of your Package for Service to any other person or entity.
PAYMENT METHOD AND PRICING
- LNY accepts the following methods of payment for the Product(s) and Service(s) and Package(s) for Service:
- Cash only in Singapore Dollars
- Bank Transfer or Paynow
- LNY will issue receipt(s) to Customer to acknowledge the Customer’s payment.
- The prices of the Product(s), Service(s), and Package(s) for Service are inclusive of GST, and these prices are communicated to you through our Website and/or price list at the LNY outlet and/or materials distributed by LNY. The prices reflected are strictly for the individual Product, Service or Package for Service, and the prices do not include additional charges for add-ons and other Services. If applicable, change given by LNY will be rounded up to the nearest five cents.
- The prices of the Package(s) for Service will state the Service(s) provided in the package and price of the package, and the usual a la carte rate of the Service.
- LNY shall honour the price of the Product(s), Service(s), and Package(s) for Service at the time of your purchase or signing up. LNY will ensure that the prices of any promotion or discounts are communicated to you through Our Website and/or price list at the LNY outlet and/or materials distributed by LNY.
- LNY shall comply with all laws and regulations in relation to the protection of personal data and keep confidential all the personal, sensitive and health information obtained from you.
- In the event that LNY wishes to utilise the information provided by you for our internal marketing, we will seek your written consent.
- LNY may disclose information provided by you only if it is
- Pursuant to a duty imposed by law or the requirements of a regulatory authority or the Singapore Court, only to the extent required,
- To give proper instructions to any professional adviser under an obligation to keep such information confidential.
- LNY or you shall not be liable or responsible for any failure to perform, or delay in performance of either party’s obligations if it is caused by events beyond either party’s reasonable control. A Force Majeure event includes (a) strike, lock-out or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of public or private transport; and (e) impossibility of the use of public or private telecommunication networks.
- LNY and your performance is deemed to be suspended for the period that the Force Majeure event continues. Nonetheless LNY or you shall use its reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which is obligations may be performed despite the Force Majeure event.
GENERAL DISCLAIMERS; NO WARRANTIES
- To the fullest extent permissible pursuant to Singapore law, your use of Our Website and your purchase of the Product, Service, Package for Service is solely at your own risk. We do not assume any liability or make any warranties of any kind, express or implied, arising out of or in connection with or with respect to our Website or Product, Service, Package for Service.
- In no event shall LNY be liable for any act, error or omission by any third party, including, without limitation, any which arises out of or in connection with your use of the Product, Service, Package for Service. LNY is not an agent of any third party.
- All aspects of or promotions for Product, Service, Package for Service are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to Singapore law, LNY, on behalf of itself and its suppliers, partners, disclaims and excludes all warranties, whether statutory express or implied, including but not limited to, implied warranties of quality or fitness of Product and Service.
- LNY does not warrant or make representations, including but not limited to the following that:
- Our Website and Product, Service, Package for Service is suitable for you or will meet your personal needs,
- Regarding the adequacy or suitability of our Service or Package for Service,
- That Our Website, or any aspect thereof, will be uninterrupted or error-free, that defects will be corrected, or that Our Website are available free of viruses or other harmful components.
WAIVER & RELEASE
- You are solely responsible for determining whether the Product or Service or Package for Service is suitable for you. You understand that there are certain inherent risks and dangers in using these Products or Service or Package for Service, you acknowledge that some of the risks cannot be eliminated and you specifically assume the risk of injury or harm.
- You acknowledge and agree that it is your responsibility to consult with your doctor or other health care professional prior to using a Product or Service. LNY shall not be responsible for the liabilities arising out of or in any way related to your participation in and/or use of any Product or Service including but not limited to with respect to bodily injury, physical harm, loss, illness or death. If you experience allergy, discomfort, pain, or shortness of breath at any time while using a Product or undergoing a Service or Package for Service, you should stop immediately.
- You understand and agree that Our Website offers beauty and related information that is designed for informational and education purposes only. Nothing stated or posted on Our Website must not be taken to be the practice of medical, professional or counselling care, or substitute for professional medical advice, diagnosis or treatment. If you have any concerns about your health, you should always consult a doctor or other health care professional prior to using a Service/Product. The use of any information provided on Our Website is solely at your own risk.
LIMITATION OF LIABILITY & DAMAGES
- Under no circumstances will LNY, its affiliated entities, suppliers, service providers and partners and each of their respective officers, directors, employees, representatives and agents, and each of their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages under any law of liability, whether based in contract, tort, negligence, or otherwise, even if LNY has been advised of the possibility of such damages.
- LNY’s liability to you is limited to $588.00 or the amount, if any, paid by you to LNY for the Product, Service or Package for Service, in the three months immediately prior to the event first giving rise to the claim, whichever is more.
- Governing Law – This Contract is governed by and shall be construed in accordance with the Laws of Singapore, and the obligations, rights and remedies of LNY and you shall be determined in accordance with such Laws. LNY and you irrevocably agree that the Courts of Singapore are to have exclusive jurisdiction to hear and adjudicate any disputes which may arise out of or in connection with this Contract.
- Dispute Resolution – In the event of any dispute arising out of or relating to the Contract, the affected party shall, notify the other party and both parties shall enter into good faith negotiations aimed at resolving the dispute within 10 Business Days from the date of the notification. In the event that negotiations fail, parties shall attempt to resolve the dispute through at least one session of mediation.
- Third Party Rights – Nothing in this Contract is intended to grant to any third party and any right to enforce any term of this Contract or to confer on any third party any benefits under this Contract for the purposes of the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore and any re-enactment thereof the application of which legislation is hereby expressly excluded.
- Entire Agreement; Severability – This Contract contains the entire agreement between you and LNY relating to the subject matter hereof and supersedes all oral agreements and prior writings with respect thereto. If any term contained in the Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable or against public policy, the remainder of the terms contained herein shall remain in full force and effect shall in no way be affected or invalidated. You and LNY shall endeavour in good faith negotiations to replace the invalid, void or unenforceable provisions with valid provisions that come as close as possible to the unenforceable provisions.