Healthy Skin Service Terms and Conditions

KIEHL’S HEALTHY SKIN SERVICE TERMS AND CONDITIONS

General

1. Kiehl’s Healthy Skin Service is a programme for facial treatment services (“Programme”) offered by Kiehl’s, a brand under the portfolio of L’Oreal Malaysia Sdn. Bhd. (“L’Oreal”, “our”, “us” or “we”).

2. By making an appointment for treatments and services under the Programme, you acknowledge and agree that you have read, fully understood and irrevocably accepted all the Terms and Conditions herein. You acknowledge and agree that this Terms and Conditions (including the Privacy Policy) constitute the entire agreement between yourself and us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, and understandings between ourselves, whether written or oral, relating to its subject matter.

3. We reserve the right to change, amend, add, or delete any part of the Terms and Conditions, prices, service offerings, and in store guidelines/procedures, without prior notice, and you shall be bound by such changes without any compensation to you. All products and services are subject to availability, and we reserve the right to change the beauty therapist serving the customer at our discretion. All references to “Service” or “Services” in these Terms and Conditions shall refer to the treatment(s) and service(s) provided by Kiehl’s under the Programme (on behalf of L’Oréal).

Etiquette

4. You are advised to make prior appointments for all Services and arrive at least 10 minutes before your scheduled appointment to enjoy the full duration of the Service(s).

5. If you arrive after fifteen (15) minutes of your scheduled appointment time, we reserve our right to either:

(a) cancel the appointment;

(b) reschedule the appointment; or

at our sole and absolute discretion, without any further obligation (including, but not limited to, any obligation to refund you for the partially performed Services) or liability to you arising under sections 5(a), 5(b) and 5(c).

6. In an event that the you would like to cancel or reschedule your appointment, you will be required to provide us with your cancellation notice at least twenty-four (24) hours before the your scheduled appointment (“Cancellation Notice”). In the event you fail to show up for the appointment without providing us with the Cancellation Notice within the stipulated time, all Services under the appointment shall deemed performed, and we shall be under no obligation to refund you or reschedule your appointment.

7. You are advised to switch your mobile phones and other electronic devices off or set to ‘silent mode’ while in the cabin.

8. You are advised to respect the beauty therapist providing you with the Service(s). In the event of any disrespectful, intolerable, or indecent behaviour by the customer towards our beauty therapist(s), we reserve our right to immediately stop all Services without any obligation to refund or offer any compensation to the customer.

Exchanges and Refunds

9. As part of our standard operating policy to confirm Service(s) and the prices of our Services before the commencement of our Services, all Service(s) that have already commenced or completely rendered are strictly non-exchangeable and non-refundable.

10. We do not accept any requests for cash refunds or exchanges for any of our products or Services (including any complimentary gifts for our products and services, if any) under any circumstances. If you would like to request for a refund or exchange due to medical reasons, a certificate from a registered practitioner will be required, and such request shall be subject to our sole discretion.

11. Unless specified otherwise, all Service(s) packages under the Programme have a maximum validity of one (1) year from the date of purchase. You must utilise all services and treatments under the Service(s) packages within the one (1) year validity period at participating Kiehl’s boutiques. The validity period of the Service(s) packages cannot be extended upon expiry and shall automatically lapse without any further remedy, where no request for extensions, refunds or exchanges for any expired or unutilised Service(s) packages will be entertained.

12. All Service(s) packages are personal to the customer who made the purchase of/appointment for the Services and should by fully redeemed by the purchasing customer only. The Service(s) packages are non-transferable, cannot to be sold to any other person(s) and cannot be used to set off any outstanding credit amounts.

Data Protection and Privacy Notice

13. You warrant that all personal information which you have provided to us in relation to the Service is true, accurate and current in all respects. By purchasing the Service(s) packages, you consent to the collection, use, and processing of your personal data in accordance with the Privacy Policy available at https://www.kiehls.com.my/en_MY/privacy-policy.html for the purposes of scheduling/managing your appointment and providing our Services ("Purpose”). Please note that it will be necessary for you to provide the personal information as required, without which we will not be able to process the same for the Purpose.

Customer Declarations

14. By making an appointment for the Services, and by proceeding with the appointment for the Services with our beauty therapist(s), you confirm and declare that you are:

(a) at least eighteen (18) years of age;

(b) physically fit to receive the Services, or have consulted and have received approval from a registered medical practitioner to proceed with the Services;

(c) not currently undergoing (or will be undergoing) any medical treatment/procedure which may result in an adverse effect/reaction to your medical and physical condition (including, but not limited to, allergies); and

(d) responsible for informing our beauty therapist(s) of any known medical conditions, history, allergies and skin conditions.

If you are unsure of any of the declarations above, or whether any of our products or Services may have an adverse effect on your medical or physical condition, please speak to a registered medical practitioner before making an appointment for the Services.

15. You further acknowledge, represent and agree that:

(a) You are in good physical condition and suffer from no condition which should exclude you from using the Services under the Programme;

(b) You have no history or occurrences of adverse skin reaction whether relating to the use of cosmetic products or otherwise and you hereby assume all risks of personal injuries which you may sustain as the result of the Services whether caused by the materials or products used or the manner of Services rendered by or on behalf of L’Oréal;

(c) The Services under the Programme entail risk of physical injury, and while particular skills and equipment may reduce this risk, the risk of injury still exists; and

(d) You knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for your participation in the Services offered under the Programme.

(e) You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, hereby forever discharge, release, indemnify, and hold harmless L’Oréal, their respective parent companies, affiliates and subsidiaries and each of their respective agents, directors, officers, stockholders, members, employees, representatives, agents, service providers, subcontractors and all persons acting on their behalf (hereinafter collectively referred to as “releasees”), from and against all claims, demands, causes of action or liability (hereinafter “claims”) that may arise, from any and all loss, damage, costs, expenses or injury, including without limitation, discomfort, illness, adverse reactions, allergies disability, death, or loss to person or property, whether direct or indirect, consequential or incidental, in connection with or resulting from the Services rendered under the Programme, even if arising from the negligence of the releasees to the fullest extent permitted by law.

Medical Advice

16. Any advice provided by Kiehl’s, and our beauty therapists in connection with the treatment, our products and Services are intended for beauty and aesthetical purposes only and are not intended to substitute the medical advice and/or treatments by a registered medical practitioner. We recommend that you seek the advice of a registered medical practitioner before making an appointment for the Services or using any of our products and Services.

Satisfaction Guarantee

17. As the result of our products and Services varies from customer to customer, depending on the factors and circumstances unique to each individual customer, we:

(a) do not guarantee your satisfaction with the outcome of our products and services, and we do not guarantee the desired or consistent outcome; and

(b) shall not be responsible for any discomfort, adverse reaction, allergies, illness or injury arising as a result of the Services under the Programme.

18. You expressly agree that your use of the products and Services provided is at all times at your sole risk. The Services and all products provided to you are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liability

19. To the fullest extent permitted under applicable law, we, our directors, officers, employees, affiliates, agents and service providers expressly exclude all liability for any claims, damages, loss, injury, discomfort, illness, adverse reactions, allergies, costs and expenses, whether directly, indirect, consequential or incidental, which arises out of or in connection with:

(a) the Service(s) rendered under the Programme;

(b) your use of our products and the Services provided under these Terms and Conditions; and

Governing Law

20. These Terms and Conditions shall be governed and interpreted in accordance with the laws of Malaysia, and any disputes arising herein shall be subject to the exclusive jurisdiction of the Malaysia courts.

PRIVACY POLICY

Your personal data including your name and contact details which you have provided to L’Oréal Malaysia Sdn. Bhd. (Co. No.: 199401042730 / 328418-A) (hereinafter referred to as "we" or "us" or "our") ("Personal Data") will be recorded, stored and otherwise processed by us for the purposes of scheduling and managing your appointment, providing our services, obtaining your feedback in relation to our services, and our other legitimate business purposes as stated in our Privacy Policy ("Purpose").

Please be informed that your Personal Data may be disclosed to our affiliates, service providers and relevant business partners such as public relations agencies, market research firms, advertising agencies (if any) for the Purpose and as permitted by the Personal Data Protection Act 2010 and applicable data privacy laws. In addition, you will appreciate that we are part of the L’Oréal Group which operates in multiple jurisdictions. Accordingly, access to the Personal Data may be granted to other entities within the L’Oréal Group and may be transferred out of Malaysia for their processing of your Personal Data for any of the foregoing Purpose, if required.

You may request for access to or correction of the Personal Data, limit the processing of the Personal Data or withdraw your consent to the processing of the Personal Data at any time hereafter by submitting such request to us via e-mail to [email protected] or telephone at 1300-22-2232. Please note that it will be necessary for you to provide all of the Personal Data, without which we will not be able to process the same for the Purpose including obtaining feedback from you.

By providing your Personal Data to us, you consent to the processing and transfer (if required) of your Personal Data by us. Please refer to our Privacy Policy at https://www.loreal.com/en/privacy-policy-links/ for more information.

DASAR PRIVASI

Maklumat peribadi anda termasuk nama anda dan maklumat perhubungan yang anda berikan kepada L’Oréal Malaysia Sdn. Bhd. (Co. No.: 199401042730 / 328418-A) (selepas ini dirujuk sebagai "kami") ("Data Peribadi") akan direkodkan, disimpan dan diproses oleh kami untuk tujuan-tujuan seperti menjadualkan dan mengurus janji temu anda, membekalkan perkhidmatan kami, mendapatkan maklumbalas anda berkenaan perkhidmatan dan tujuan perniagaan sah kami yang lain seperti yang dinyatakan di dalam Dasar Privasi kami ("Tujuan").

Sila ambil maklum bahawa Data Peribadi anda mungkin didedahkan kepada syarikat sekutu kami, pembekal perkhidmatan dan rakan perniagaan yang berkaitan seperti agensi perhubungan awam, firma penyelidik pasaran, agensi pengiklanan (jika ada) bagi Tujuan tersebut dan sebagaimana yang dibenarkan di bawah Akta Perlindungan Data Peribadi 2010 dan undang-undang privasi data yang terpakai. Selain itu, adalah dimaklumkan bahawa kami adalah sebahagian daripada Kumpulan L’Oréal yang beroperasi di pelbagai negara. Oleh itu, akses kepada Data Peribadi anda mungkin diberikan kepada entiti lain di bawah Kumpulan L’Oréal dan mungkin dipindahkan ke luar Malaysia untuk pemprosesan Data Peribadi anda bagi mana-mana Tujuan di atas, jika diperlukan.

Anda boleh meminta akses kepada atau pembetulan Data Peribadi anda, menghadkan pemprosesan Data Peribadi atau menarik balik persetujuan anda untuk pemprosesan Data Peribadi pada bila-bila masa selepas ini dengan mengemukakan permintaan itu kepada kami melalui e-mel ke [email protected] atau telefon di 1300-22-2232. Untuk makluman, anda perlu memberikan Data Peribadi anda kerana tanpa Data Peribadi tersebut, kami tidak dapat memproses Data Peribadi anda untuk Tujuan di atas termasuk mendapat maklumbalas anda.

Dengan memberikan Data Peribadi anda kepada kami, anda bersetuju dengan pemprosesan dan pemindahan (jika perlu) Data Peribadi anda oleh kami. Sila rujuk kepada Dasar Privasi kami di https://www.loreal.com/en/privacy-policy-links/ untuk maklumat lanjut.

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