General Terms of Conditions of Use

Bee Choo Corporation Pte Ltd and its group of companies are devoted to promoting the use of our own unique, herbal paste made up natural, Traditional Chinese herbs applied through our proprietary Hair Treatment Program to help customers combat hair loss, oily scalp, greying hair and other hair/scalp related issues.

 

We manufacture, distribute and sell hair care products under our own exclusive brands in Singapore and various countries in the Asia Pacific region.

 

Please read the general terms and conditions as set out here below as they shall form the basis of the agreement between us and govern our obligations to each other.

 

GENERAL TERMS & CONDITIONS

 

This General Terms & Conditions is applicable to all goods and services provided to customers by Bee Choo Corporation Pte Ltd and its group of companies (collectively referred to as “the Company”, “we”, “our” or “us”).

 

Any additional terms and conditions governing a particular service/promotion/program/event may be set forth in a supplemental document provided by the Company to the Customer (“Supplemental Document”), which will automatically form an integral part of the whole agreement between the Company & Customer.

 

Reference to “the Parties” shall include the Company and the Customer and each of them as “a Party”.

 

General

 

1. The General Terms & Conditions shall apply to all agreements for the supply of Products and/or Services to you (“the Customer”) and prevail over all prior oral or written communication or agreement with the Customer.

 

2. Any variation to the General Terms & Conditions shall be void unless the Company consents in writing to such variation/addition/modification.

 

 

3. The General Terms & Conditions shall be governed and construed in accordance with Singapore Law and shall have full force and effect unless prohibited by any applicable statute or rule or law.

 

 

4. If any of the General Terms & Conditions shall be held to be unlawful, invalid, void, illegal or unenforceable for any reason by a Singapore Court, such term or condition may be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions.

 

 

5. The Company reserves the right to alter or amend any of the General Terms & Conditions from time to time as it deems fit by publishing such changes on its website as due notice to the Customer, and such changes shall become binding on the Customer upon publication or the expiry of the notice period (whichever is later).

 

 

6. Our Hair Treatment Services (“Services”) may be used by anyone who is eighteen (18) years old or under, provided that such individual warrants that he/she is able to abide by our General Terms and Conditions and if required, can show proof of verifiable parental/guardian consent.

 

 

7. The Company reserves the right to deny any individual’s use of its Services at anytime as it shall deem fit, if the information provided by such individual to the Company is found to be inaccurate or incomplete or false.

 

 

Company’s Products & Services

 

8. The Company shall supply to the Customer such Products and/or Services as set out on its website beechoo.com in accordance with the General Terms and Conditions.

 

 

Prices, Payment & Cooling off period

 

9. All prices appearing on the bill or as advertised are in Singapore Dollars and subject to the prevailing government service tax as applicable at the time.

 

10. Payment Term. Any purchase of Products and/or Services by the Customer shall be immediate, upon collection of the Products and/or upon signing of the Hair Treatment Package(s) with the Company.

 

11. Payment Mode. The Customer may choose to pay for the purchase of the Products and/or Services by cash or credit/debit card or via Network for Electronic Transfers (“NETS”).

 

 

12. The Company shall provide an official receipt to the Customer upon receipt of payment. If any further copy (in any format) is requested, an administration fee/charge will apply.

 

13. Cooling off period. Within FIVE (5) days from the date of purchase of the Product(s) and/or Services, if the Customer has not

 

(a) used any of the Products purchased and their product label/packaging/seal remain fully intact; or

(b) started using the Services at all, the Customer may cancel the purchase and request for a refund, subject to the Company’s approval and deduction of a standard administrative fee of $50.00 for processing the refund, before returning the balance sum to the Customer, within a reasonable time. Any request for cancellation after the 5-day cooling off period or once use of the Products/Services has commenced, shall be null and void.

 

14. In the event that the Customer disputes any amount stated in any bill issued to the Customer, the Customer must give the Company written notice of the discrepancy complained of and the reasons in support. The Company has the sole discretion (insofar as it is permitted by law), to provide or withhold a refund of the disputed sum until after an independent investigation has been carried out by the Company to verify the complaint to its satisfaction.

 

15. The Company reserves the right to modify, update or run promotions on any Product and/or Service at any time and change the price of any Products and/or Services at any time as it deems fit. The price of any Products and/or Services shall be fixed at the point of purchase, any change in the price thereafter (for whatsoever reason) shall not have a retrospective effect and the Company shall not be required to refund any difference in the price of the Product/Service to the Customer under any circumstances.

 

 

Customer Obligations

 

16. To enable the Company to perform its obligations, the Customer shall:

• co-operate with the Company at all material times;
• voluntarily provide the Company with any information reasonably necessary (e.g. any known health issue or allergy or physical condition whether current or past) that may affect or compromise the efficacy of the Products or Services supplied;
• ensure that any Personal Data including name, identification information (such as NRIC/passport number), contact information (such as address, email address, telephone number) or other information (such as nationality, gender, date of birth, marital status, photographs and other audio-visual information) or medical history or employment information and financial information (such as credit card numbers, debit card numbers or bank account numbers) voluntarily provided to the Company, is current, accurate, correct and complete;
• continue to update the Company on any changes to its Personal Data held by the Company;
• comply with such other requirements as agreed with the Company from time to time to help the Company optimize the performance of its obligations to the Customer;
• follow strictly the prescribed steps/methods/instructions when using the Products and/or Services so as to maximise the desired experience and/or outcome;
• allow the Company’s employees/staff/consultants to apply the Product(s) on the Customer or carry out the Services according to the Company’s prescribed steps/methodology without any interference whatsoever;
• refrain from demanding or requesting that the Company’s employees/staff allow other products/compounds/ingredients to be added to the Company’s original hair treatment formula/paste even if such products/compounds/ingredients are natural or organic. The Company cannot allow/condone such requests as the cumulative effect of such “unknown properties/additions” cannot be verified/envisaged at the time of use, and there is a real risk that use of such unknown properties/additions (short/long term) may have negative/adverse effect on the Customer or nullify the effectiveness of the Company’s Product/Services.

 

17. The Customer agrees that she/he shall not act in a manner and/or engage in any acts or activity which may be reasonably deemed by the Company (in its sole discretion):

• to affect the quiet enjoyment by other customers of any Services offered by the Company; or
• to disrupt access by other customers to any Services offered by the Company; or
• to undermine or threaten to undermine the Company’s ability to carry out the Services for the Customer or other customers as required under agreement; or
• to cause harassment, irritation, inconvenience, disruption or anxiety to other customers and/or the employees/staff of the Company; or
• to cause or threaten to cause harm/disruption/detriment (directly or indirectly) to the Company’s business and/or reputation.

 

Consent

 

18. By providing her/his Personal Data (as defined in our Data Protection Policy) the Customer consents to the Company’s collection, use, process and disclosure of the Customer’s Personal Data (as voluntarily provided by the Customer to the Company) in accordance with the PDPA and the Company’s Data Protection Policy/Notice, for the purposes of providing the aforementioned Products and/or Services and such related services as required by the Customer (“the Purposes”).

 

19. By choosing not to “opt out” of receiving marketing materials via email, SMS, telephone calls or e-newsletter or other social media postings of events/activities/competition/lucky draws organised by the Company or its affiliated or associated companies, the Customer shall be deemed to have consented to receiving such marketing materials until such time that the Customer chooses to withdraw her/his consent by following the Company’s prescribed withdrawal of consent process as detailed in the Company’s Data Protection Policy.

 

20. By the Customer’s voluntary uploading of any photographs (including any “before use” and “after use” images) or testimonials or digital publications or comments/emails/Facebook or Instagram postings and such other variants of social media postings (collectively, “the Postings”), the Customer shall be deemed to have consented to the Company’s collection, use and sharing of the Postings with others (in any form or medium), until and unless the Customer withdraws her/his consent by following the Company’s prescribed withdrawal of consent process as stated above.
21. For the avoidance of doubt, the Postings referred to in this Clause are voluntarily submitted by the Customer for marketing purposes and are entirely separate and distinct from any photograph taken by the Company at the point of registration for a Hair Treatment Package for identity verification purposes. The registration photograph is governed exclusively by the Company’s Data Protection Policy and is not used for marketing or any other purpose without the Customer’s further separate written consent.

 

22. In the event that the Customer voluntarily provides to the Company the Postings (as defined), it shall be provided on the basis of a royalty-free, non-exclusive licence and the Company shall be free to use and share the Postings with anyone in Singapore until such time that the consent is withdrawn and the Company shall cease use of the Postings provided.

 

23. If the Company wishes to share/transfer the Postings provided by the Customer to any entity outside of Singapore, the Company shall be obliged to obtain a further consent from the Customer before transferring or sharing the Postings to such third party. Before sharing or transferring any Postings to a third party overseas recipient, the Company shall ensure that such third party can provide a standard of protection that is at least comparable to that provided under the PDPA.

 

Company Obligations

 

24. The Company shall provide Products that conform to the description/specification as stated in the Product Packaging and any defective product shall be returned to the Company (at the Customer’s own expense) within seven (7) days of purchase together with the proof of purchase/invoice and the said Product(s) must be unused, with its product packaging/seal intact.

 

25. The Company retains the absolute right to verify if the returned Product is defective before replacing the defective product with a new Product (on a one for one exchange basis) or refund the Price of the defective Product to the Customer within a reasonable time as the Company shall determine.

 

26. The Company shall perform the Service(s) with reasonable skill and care and to a reasonable standard in accordance with recognised standards in the relevant Industry, subject to the accuracy of the information provided by the Customer to the Company (refer to Clause 16 above), since any omission or inaccuracy (intentional or otherwise) may impact the Service(s) rendered or efficacy of the Products used on the Customer, and the Company shall not be held liable.

 

27. The Company shall upon request from the Customer (within a reasonable time) provide an account of any unused balance of the Hair Treatment Package purchased by the Customer and ensure that its records are updated from time to time.

 

Limitation of Liability

 

28. The Customer expressly agrees to indemnify the Company and all its employees, directors and agents in full against all claims, damages, losses, liabilities, costs, expenses, demands and actions as a result of the Customer’s negligence, acts, omissions or breach of the Customer’s obligations as stated here above when using any of the Product(s) and/or Service(s). Nothing in this General Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury resulting from the Company’s negligence when supplying the Products/Services to the Customer.

 

29. The Company shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any tort (including negligence or breach of statutory duty), breach of contract or otherwise in excess of the price of the purchased Products or Services.

 

30. The Company shall not be liable under any circumstance to the Customer or any third party for any indirect or consequential loss of profit, loss of revenue, loss of income and/or any economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in excess of the price of the purchased Products or Services.

 

No Warranty

 

31. The Customer expressly acknowledges and agrees that the provision of the Services and/or the use of Products are at the Customer’s sole risk and discretion. Insofar as it is permitted by applicable law, the Services performed and/or provision of Products are on an “as is” and “as available” basis, without warranty of any kind, and the Company hereby expressly disclaims all warranties with respect to the Services and Products provided to the Customer, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose.

 

32. No oral or written information or advice given by the Company or its authorised representative shall create a warranty (whatsoever) that shall be binding on the Company.

 

33. The Customer shall not rely on any representation or statement made by the Company or its representatives in relation to the Services/Products and warrants that it has made its own inquiry, checks, testing, investigation, verification and has formed an independent judgment concerning the Services/Products to be purchased and will not assert any claim against or hold the Company or its representatives liable for any information furnished (or failed to be furnished) as the final decision to purchase the Services/Products is made by the Customer independently.

 

34. The Customer shall waive, release and renounce all warranties (if any), obligations and liabilities of the Company and rights, claims, and remedies of the Customer against the Company, express or implied, arising by law or otherwise in relation to the provision of the Services/Products pursuant to this Agreement, including (a) any implied warranty arising in the course of performance or dealing; and (b) any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of the Company, whether actual or imputed, provided always that nothing herein shall exclude the liability of the Company for death or personal injury resulting from the negligence of the Company in providing the said Services/Products. Any liability of the Company to the Customer herein under shall, in no event, exceed the total price of the Services provided and/or Products sold.

 

Suspension and Termination

 

35. The Company may suspend (indefinitely or for such period as the Company may consider appropriate) or terminate any Services/Products (including where the Company is discontinuing or discontinues such Services/Products) at any time by giving not less than Seven (7) days written notice thereof to the Customer and stating its reason(s) for the suspension or termination of the said Services/Products.

 

36. In the event of such suspension or termination, any monies paid in advance for such Services suspended or terminated by the Company (which has not been utilised at the material time) shall be refunded to the Customer on a pro-rata basis in a timely manner in accordance with the Company’s refund policy and process.

 

37. The Customer may terminate the Services by giving the Company two (2) weeks written notice. In the event that the Customer terminates any of the Services provided by the Company to the Customer, there shall be no refund of any monies paid by the Customer to the Company for such Service(s), subject to such exceptions as stated in the Hair Treatment Package form signed by the Customer and those provided by law.

 

38. The Customer does not have the right to assign, novate or transfer any of the Customer’s rights and/or obligations under agreement to any person(s) without the written consent of the Company.

 

Intellectual Property

         

39. The Customer acknowledges that, except for the rights expressly granted herein, this Agreement does not transfer to the Customer and the Customer does not obtain from the Company, any rights in and to any of the Company’s Intellectual Property (including but not limited to trade marks, copyright, patents and designs whether registered or not) in respect of the Company’s Products and Services.

 

40. All rights, title and interest in and to the Company’s Products and Services shall remain the sole property of Company and nothing in this Agreement, shall be construed as a transfer or license of any intellectual property rights to the Customer.

 

Confidentiality

 

41. The Customer shall not disclose to any person/third party any information relating to the Hair Treatment Package/Services or Products application process, unless it is with the knowledge and written consent of the Company, any information already in the public domain excepted.

 

42. The Customer shall not, without the Company’s prior written approval, disclose or use any proprietary or confidential information received from the Company during its provision of the Service(s) or when carrying out its obligations under agreement.

 

43. The aforementioned confidentiality obligations shall not apply to any information which:

• becomes generally known to the public, other than by reason of any willful or negligent act or omission of the Customer;
• is at the time of disclosure, legally in the possession of the Customer without any obligation of confidentiality; or
• is required to be disclosed pursuant to any applicable court, governmental orders or other legal requirement or legal process.

 

Personal Data (Personal Data Protection Act) of Singapore

 

44. Personal Data. By visiting this website, the Customer has agreed, consent and authorised the Company’s collection, use and disclosure of all information or data relating to the Customer in any manner, for the provision of the Services to the Customer as contemplated and any other purposes as made known to the Customer from time to time and in compliance with the Company’s Data Protection Policy. The term “Personal Data” shall have the same meaning as defined in the Personal Data Protection Act (No. 26 of 2012) as modified from time to time.

 

For more information, please refer to the Company’s Data Protection Policy & Notice.

 

Others

 

45. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall not be affected.

 

46. Entire Agreement. This Agreement including any annexures, schedules, appendices, exhibits or attachments shall constitute the entire agreement between the Parties and wholly cancels, terminates and supersedes all previous negotiations, agreements, and commitments, whether formal or informal, oral or written, with the subject matter hereof.

 

47. Non-Waiver. No failure to exercise or enforce, and no delay on the part of the Company in exercising or enforcing its rights under this Agreement shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the right of the Company at any time thereafter to act strictly in accordance with its rights and powers under this Agreement.

 

48. Force Majeure. Neither party shall be liable for any delay or failure to perform any of their obligations if the delay or failure results from events or circumstances outside their reasonable control, including but not limited to acts of God, natural disasters, labour strikes, riots, war, fire, epidemics, shortage or unavailability of raw materials from a natural source of supply or equipment failure or such other occurrences which are beyond the Company’s reasonable control.

 

49. No Third Party Rights. A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.

 

50. Governing Law & Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of Singapore. Parties agree to resolve any dispute through friendly/goodwill discussions and if after thirty (30) days there is no resolution of the matter, then Parties shall within fourteen (14) days therefrom refer the dispute to and be finally resolved by mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within forty-five (45) days thereof. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached. If no settlement can be reached, then Parties shall submit to the non-exclusive jurisdiction of the Courts of Singapore for final resolution.