PUBLIC SERVICE AGREEMENT FOR THE PROVISION OF PHYSICAL COMFORT

within the network of laser hair removal salons “LaserVille”

This Agreement is a public offer (hereinafter referred to as the “Agreement”) within the meaning of Article 633 of the Civil Code of Ukraine, under which Chart Communications Company (hereinafter referred to as the “Contractor”), provides laser hair removal services to all interested parties (hereinafter referred to as the “Customer(s)” and/or “Client(s)”). This Agreement regulates the relations and sets out the rights and obligations of the Parties.

1. 1. TERMS AND DEFINITIONS

      1. Laser hair removal services and/or Services – specific action or a set of actions performed by the Contractor using the MOTUS AX device or another specialized laser hair removal device for the purpose of removing body hair.
      2. Other related services – sale of cosmetic body care products.
      3. Customer – a natural person who has contacted the Contractor to receive the Service(s).
      4. Contractor – Chart Communications Company, engaged in activities to ensure physical comfort.
      5. Salon – the “LaserVille” network of laser hair removal salons where the Contractor provides the Services, including Other related services.
      6. Contractor’s Website – the website at the Internet address: https://laserville.com, https://laserville.site which serves as one of the information sources for Customers regarding the Contractor’s Services.
      7. Acceptance – full, unconditional and unequivocal acceptance by the Customer of the terms of this Agreement and the rules for the provision of Services.
      8. Information Card – information about the Customer including full name, date of birth, contact phone number, email address, personal social media account name, and medical history.
      9. Booking – the process of agreeing with the Customer on the desired type and scope of Services, as well as a specific date and time, as a result of which a particular date and time is reserved for the Customer to receive the Services.
      10. Medical history – information about the Customer’s state of health, including medications they are taking.
      11. Cookies – a small piece of data sent by a web server and stored on the Customer’s computer, which the web client or browser sends back to the web server with each HTTP request when attempting to access a web page.
      12. Loyalty Program for New Clients – a special, unlimited-in-time offer for a Customer who applies for the Services for the first time. The conditions of this program may be changed at any time by the Contractor without prior notice to the Customer.

• GENERAL PROVISIONS

  1. This Agreement is a public offer that enters into force upon acceptance of its terms without being signed by the Parties. The Agreement has legal force and is equivalent to a contract signed by both parties.
  2. By filling in and signing the Information Card and actually receiving the Services, the Customer confirms that they have read and unconditionally accepted the terms of this Agreement.
  3. In particular, by signing the Information Card, the Customer confirms that:
     1. they are at least 18 years old at the time of receiving the laser hair removal Service (under 18 only with parental consent and no younger than 9 years old at the time of Service);
     2. they understand all the contraindications to the procedures;
     3. in accordance with clause 1.2, they do not have: oncological diseases (including those in remission), chronic connective tissue diseases, skin damage in the laser hair removal area, active herpes, are not taking antibiotics (fluoroquinolones, tetracyclines), are not using or taking products with retinol, have not applied alcohol-based products, oils, creams or incompatible substances to the skin 1–3 days before or after the procedure, are not pregnant or breastfeeding, have not undergone depilation in the area during the last 4 weeks, have not shaved the area prior to the procedure (if MOVEO technology is used), have no recent tan or solarium visit (within 3–5 days), have not received cosmetic or dermatological procedures incompatible with laser hair removal (chemical peels, facial cleansing, laser peeling, Botox or hyaluronic acid injections, photorejuvenation, vascular removal, face or body massage, etc.), do not suffer from chronic or acute thrombophlebitis, trophic skin changes, autoimmune connective tissue diseases, dermatological conditions or acute skin inflammations, acute, chronic, or infectious diseases, have no pacemaker, no skin infections, no allergy to laser radiation, no wounds or injuries in the area of treatment, no sensitive skin, no inflammation in the treatment area (acne, herpes, allergies), no nervous disorders, no heart or vascular issues, no liver or kidney dysfunction, no endocrine disorders, no epilepsy, no exacerbated varicose veins, no blood clotting disorders, no acute flare-ups of chronic diseases (ulcers, arthritis, bronchitis), no pathological scar formation tendencies, no acute illnesses, no decompensated chronic diseases, no hormonal imbalances, no dermatological skin conditions, no skin injuries, no malignant tumors, no venous insufficiency, no suspicious skin growths, no diabetes, no other chronic decompensated diseases, no inflammatory illnesses with fever, no skin diseases in the procedure area (including very dry skin), and no surgeries in the procedure area less than 3 months ago, no keloid scarring tendency, no metal implants under the skin in the procedure area, and no tattoos or permanent makeup in the treated area.

• SUBJECT OF THE AGREEMENT

  1. The Service Provider, in accordance with the terms and conditions of this Agreement, undertakes to provide the Customer with laser hair removal services or other related services (hereinafter referred to as the “Services”), as specified in the Service Provider’s Price List (available on the Service Provider’s website and at the Salon reception), based on the Customer’s oral or online request via the Website, and the Customer undertakes to accept and pay for the Services actually provided.
  2. Services are provided only after the Customer signs the Information Card.
  3. The Customer may request either a one-time Service (a single procedure/session) or a set of Services (hereinafter referred to as a “Service Package”) offered by the Service Provider.
  4. The Service Provider shall not disclose any information regarding the Customer’s health condition (such as blood type, Rh factor, history of diseases, surgeries, chronic conditions, etc.) that becomes known in connection with the performance of this Agreement, except in cases provided for by the legislation of Ukraine.

• AGREEMENT PRICE AND PAYMENT PROCEDURE

  1. The Services under this Agreement are provided by the Service Provider on a paid basis.
  2. The price of this Agreement is determined as the total cost of Services provided by the Service Provider and accepted by the Customer.
  3. The cost of the Services depends on the scope of the Services provided and is determined in accordance with the current Price List of the Service Provider on the date of providing such Services, which is available in a public area at the reception desk and on the Service Provider’s Website.
  4. In case the Customer requests a one-time Service, payment for the Services must be made in full (100%) immediately after the Services are provided, using one of the following payment methods at the Customer’s choice:
     1. By cash payment at the Service Provider’s cash desk;
     2. By bank transfer to the Service Provider’s account;
     3. By card payment through a POS terminal directly at the Salon or via the Internet using any payment services available on the Service Provider’s Website.

• PROCEDURE FOR PROVIDING SERVICES

  1. Before providing the Services, the Service Provider informs the Customer about the list, scope, and cost of the Services and verbally agrees with the Customer on the list and cost of all Services the Customer wishes to receive.
  2. If the Customer, who has not previously used the Service Provider’s services, contacts the Provider for the first time, such Customer has the right to use the Loyalty Program for New Clients by receiving a one-time 50% discount on one selected epilation zone. The discount is valid from the moment the Customer applies for the Services and ends immediately after they are rendered.
  3. Services are provided by prior appointment made by phone and/or via the Internet.
  4. Services without prior appointment are possible only if there is no scheduled appointment for that time with another Customer.
  5. The date and time of the Service are agreed upon orally between the Service Provider and the Customer.
  6. The date and time of the Service may be changed at the initiative of the Customer before the scheduled time of Service provision.
  7. The date and time of the Service may be changed at the initiative of the Service Provider in the following cases:
     1. If the Customer’s health condition at the time of the Service makes it impossible to perform or significantly increases the risk of complications, threat to life or health, or other serious or negative consequences.
     2. In the event of force majeure circumstances that prevent the Service Provider from delivering the Services.
     3. The previously agreed start time of the Service may shift due to minor delays caused by the varying duration of servicing previous Customers, which may exceed the estimated time allocated for the corresponding Service.

• RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. Customer’s Rights:
     1. To receive Services of proper quality;
     2. To receive accurate and complete information about the list, composition, and cost of Services provided by the Service Provider;
     3. To request the provision of Services by the Service Provider in the absence of contraindications that would prevent such Services from being performed;
     4. To have the right to confidentiality regarding their health condition, as well as any information received in the course of this Agreement.
  2. Customer’s Obligations:
     1. To strictly follow the recommendations of the Service Provider;
     2. To provide, if necessary, originals or copies of documents containing information about the Customer’s health condition;
     3. To pay in full for the actually provided Services in the manner and under the conditions set out in this Agreement;
     4. To arrive at the location of the Services on the agreed date and time, as specified in clause 5.2 of this Agreement;
     5. Before receiving the Services, to inform the Service Provider about any known illnesses, conditions, allergies, or specific bodily reactions, as well as any other relevant health information;
     6. The Customer (including their children) present in the Salon must behave politely and respectfully toward the Service Provider, its staff, and other visitors, avoiding noisy, rude, inappropriate, or aggressive behavior;
     7. To maintain cleanliness within the Salon premises and comply with sanitary and hygienic standards;
     8. The Service Provider reserves the right to refuse Service to Customers who arrive in a state of alcohol or drug intoxication;
     9. Smoking and consumption of alcoholic beverages brought from outside are prohibited within the Salon premises and adjacent areas;
     10. To inform the Service Provider in advance about the inability to attend the Salon for the Services, no later than 1 hour before the scheduled appointment time.
• Service Provider’s Rights:
  1. To modify the procedure for providing Services and their cost by publishing updates on the Service Provider’s Website;
  2. To conduct photo and/or video recording of the Service provision process and subsequently use the anonymized results of such recordings for advertising, marketing, educational, and other purposes that do not violate the laws of Ukraine;
  3. In case of the Customer’s lateness, to unilaterally change the time of Service provision defined in clause 5.2 of this Agreement or cancel the provision of such Services unilaterally;
  4. To involve third parties in fulfilling its obligations under this Agreement;
  5. To refuse to provide Services to the Customer if the health information obtained by the Service Provider reveals any contraindications for receiving laser hair removal services;
  6. To refuse to provide Services in case of the Customer’s breach of the terms of this Agreement.
• Service Provider’s Obligations:
  1. To provide Services of proper quality to the Customer in the manner and under the terms specified in this Agreement;
  2. To use the equipment as intended and follow the rules and conditions of Service provision;
  3. To maintain and store documentation and reporting in accordance with the requirements of the legislation of Ukraine.

• LIABILITY OF THE PARTIES

  1. In case of failure or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with the applicable legislation of Ukraine and the terms of this Agreement.
  2. If the Customer cancels their appointment more than three times, or fails to appear without prior notice as per clause 6.2.10 of this Agreement, further appointments will be possible only upon full prepayment of 100% of the cost of the selected Services booked by the Customer.
  3. The Service Provider shall not be liable for any harm caused to the life or health of the Customer resulting from:
     1. the Customer’s failure to comply with the obligations stated in clause 6.2.1 of this Agreement;
     2. the Customer’s failure to observe the contraindications to the Services;
     3. the Customer’s failure to inform the Service Provider of their health condition as required by clause 6.2.5 of this Agreement.
  4. The Service Provider is released from liability for damage caused to the Customer’s life or health if such damage was not due to the fault of the Service Provider.
  5. The Service Provider bears no responsibility for the loss of the Customer’s personal belongings (including, but not limited to: documents, money, jewelry, or other valuables).
  6. If the Customer wishes to leave personal belongings with the Service Provider (its employees and/or representatives) for temporary storage, the Customer thereby agrees to clause 7.5 of this Agreement and acknowledges being fully informed that the Service Provider is not liable for any loss (full or partial) or damage to such belongings. The Customer assumes full risk of loss of any personal items entrusted to the Service Provider (its employees and/or representatives).

• FORCE MAJEURE

  1. The Parties shall be released from liability for non-performance or improper performance of their obligations under this Agreement if such non-performance or improper performance is the result of force majeure. Force majeure includes accidents, disasters, natural calamities, epidemics, epizootics, war, military actions, civil unrest, strikes, terrorist acts or threats, anti-terrorist operations, fires, explosions, power outages, disruptions in the supply of gas or water, equipment failures, temporary incapacity of the Parties, actions of third parties, enactments by governmental authorities, and other circumstances beyond the Parties’ control that prevent timely, full, or proper performance under this Agreement.
  2. A Party unable to fulfill its obligations under this Agreement due to force majeure must notify the other Party within three (3) calendar days of such circumstances arising. After the force majeure ends, the affected Party must inform the other Party of the cessation within three (3) calendar days or as soon as it becomes possible to do so.
  3. If the force majeure circumstances persist for more than two months, either Party may unilaterally terminate this Agreement by notifying the other Party no less than ten calendar days prior to the termination date.

• DISPUTE RESOLUTION PROCEDURE

  1. In the event of any disputes or disagreements under this Agreement, the Parties agree to resolve them through mutual negotiations and consultations.
  2. If the Parties are unable to reach an agreement, disputes (disagreements) shall be resolved in court according to the established jurisdiction and venue in accordance with the applicable legislation of Ukraine.

• TERM AND OTHER CONDITIONS OF THE AGREEMENT

  1. This Agreement is a public contract and contains all the essential terms for the provision of Services by the Service Provider.
  2. The Service Provider reserves the right to refuse to provide Services to the Customer unilaterally without providing any reason for such refusal.
  3. The terms of this Agreement are the same for all Customers.
  4. By orally or in writing requesting the Services from the Service Provider, the Customer accepts (accepts in full) all terms of this Agreement, and the date of the Customer’s first request and the signing of the Information Card is considered the date of conclusion of this Agreement by mutual consent of the Parties.
  5. This Agreement is concluded for an indefinite term and remains in effect until the Parties have fully fulfilled their obligations under it.
  6. This Agreement may be terminated in the event of:
     1. Failure by the Customer to fulfill their obligations under this Agreement, including violation of payment terms;
     2. Breach of the terms of this Agreement or the conditions of service provision by the Customer or the Service Provider;
     3. The Customer’s refusal to receive Services from the Service Provider;
     4. Unilateral refusal of the Service Provider to provide services to the Customer without explanation.
  7. The Service Provider makes every effort to ensure that the information posted on the Website is current and useful at the time of publication and is not responsible for any inaccuracies, errors, or omissions arising from the use of this information.
  8. The Service Provider shall not be held financially or otherwise liable for intentional or unintentional damage that may result from the use of information published on the Service Provider’s Website, which may become outdated, incomplete, or contain technical or grammatical errors.
  9. The Service Provider has the right to make changes and additions to the Services and other information posted on the Service Provider’s Website, including information posted directly in the Salon, without prior notice.
  10. Changes to this Agreement shall be made by the Service Provider unilaterally and shall take effect upon publication on the Service Provider’s Website. The Customer undertakes to independently review the current version of this Agreement, while the Service Provider may additionally inform the Customer about changes to the terms of the Agreement.
  11. For Customers who have already used the Services of the Service Provider prior to the changes, the continued use of the Services shall constitute full and unconditional acceptance of the amended terms of this Agreement.
  12. By accepting this Agreement, the Customer consents to the processing of their personal data, including Cookies, and to its inclusion in the Service Provider’s database in accordance with the Law of Ukraine “On Personal Data Protection”.
  13. By accepting this Agreement, the Customer confirms that they have been informed of their rights under the Law of Ukraine “On Personal Data Protection”.
  14. All information regarding the organization of the Service provision process that is not publicly available (equipment usage details, service techniques, payment procedures, signed documentation during service provision, staff work details, etc.) and becomes known to the Customer during the provision of Services is confidential information with restricted access and shall not be disclosed without the consent of the other Party.
  15. In the event of disclosure of confidential information, the Customer agrees to compensate the Service Provider for all costs incurred in preventing the spread and disclosure of such information, including any losses related to such disclosure, and shall pay a penalty of 50,000 (fifty thousand) UAH 00 kopecks.
  16. All ideas, concepts, creative or educational materials and developments of the Service Provider, including branding, logo, and corporate identity, are the intellectual property of the Service Provider and are protected by the Law of Ukraine “On Copyright and Related Rights” and the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services”.