PUBLIC SERVICE AGREEMENT FOR PROVIDING PHYSICAL COMFORT

within the LaserVille laser hair removal salon network

This Agreement is a public contract (offer) with Chart Communications Company (hereinafter – the Contractor), which provides laser hair removal services to all interested persons (hereinafter – the Customer/s and/or the Client), and which in turn regulates relations and establishes the rights and obligations of the parties, etc.

1. TERMS AND DEFINITIONS

   1. Laser hair removal services and/or Services – a specific action or a set of actions performed by the Contractor using the MOTUS AX device or another special laser hair removal device for the purpose of removing hair from the body.
   2. Other related services – the sale of cosmetic products for body care.
   3. Customer – an individual who contacts the Contractor to receive the Service/s.
   4. Contractor – Chart Communications Company, engaged in activities to ensure physical comfort.
   5. Salon – the LaserVille laser hair removal salon network, where the Contractor provides the Services, including Other related services.
   6. Contractor’s Website – the Internet webpage at: https://laserville.com, https://laserville.site which is one of the sources of informing Customers about the Contractor’s Services.
   7. Acceptance – full, unconditional, and irrevocable acceptance by the Customer of the terms of this Agreement and the rules for the provision of the Service.
   8. Information Card – information about the Customer, which includes full name, date of birth, contact phone number, email address, the name of a personal account for searching in social networks, 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 the specified date and time of Service provision are reserved for the Customer.
   10. Medical history – information about the Customer’s state of health, as well as medical preparations that he/she is 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 web browser sends back to the web server in an HTTP request each time an attempt is made to open a page of the relevant website.
   12. Loyalty program for new clients – a special, unlimited-in-time offer for the Customer who has applied to the Contractor for the Services for the first time, the terms of which 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 comes into force by the acceptance of its terms without being signed by the Parties. The Agreement has legal effect and is equivalent to a contract signed by the Parties.
  2. The completion and signing by the Customer of the Information Card and the actual receipt of the Services by the Customer means that the latter has read the terms of this Agreement and therefore agrees to them without any exceptions.
  3. In particular, by signing the Information Card, the Customer confirms that:
     1. he/she is at least 18 years old at the time of receiving the laser hair removal Service (under 18 only with parental consent, but not younger than 9 years at the time of receiving the Service);
     2. he/she understands all contraindications to the procedures;
     3. in accordance with clause 1.2, he/she does not have: oncological diseases, oncological diseases in remission, chronic connective tissue diseases, skin damage in the area of laser hair removal, active herpes, use of antibiotics (fluoroquinolones, tetracyclines), application or intake of products containing retinol components, application of alcohol-based products, oils, creams or liquids on the skin incompatible with laser hair removal 1–3 days before and after the procedure, pregnancy and lactation, depilation within 4 weeks before laser hair removal, unshaved hair in the treatment area (if laser hair removal using the MOVEO technology is planned), recent fresh tan (3–5 days) and solarium visits, cosmetic and dermatological services using components incompatible with laser hair removal (chemical peels, facial cleansing, laser peels, use of botulinum toxin or hyaluronic acid products, photo-rejuvenation, vascular removal, facial or body massage, etc.), chronic and acute thrombophlebitis, trophic skin changes, autoimmune connective tissue diseases, dermatological pathology or acute inflammatory processes on the skin, acute, chronic or infectious diseases, pacemaker, infectious skin diseases, allergy to laser radiation, damage or wounds in the areas to be treated, sensitive skin, any inflammatory processes in the laser hair removal area (acne, herpes, allergy), nervous disorders, heart muscle and vascular problems, kidney or liver dysfunction, liver and kidney diseases, endocrine disorders, epilepsy, varicose veins in the acute stage, autoimmune diseases, blood clotting disorders, exacerbation of chronic diseases (ulcer, arthritis, bronchitis), pathological tendency to scarring, acute diseases, chronic decompensated diseases/in the stage of exacerbation, hormonal disorders, dermatological skin diseases, damaged skin cover, malignant tumors, venous insufficiency, suspicious skin neoplasms, diabetes, type 2 diabetes and other chronic diseases in the stage of decompensation, inflammatory diseases accompanied by fever, skin diseases in the treatment area (including very dry skin), any surgical intervention in the laser hair removal area less than 3 months after completion of the surgery, tendency to keloid scar formation, presence of metal components under the skin in the treatment area, tattoos or permanent makeup in the treatment area.

SUBJECT OF THE AGREEMENT

1. The Contractor, in the manner and on the terms defined by this Agreement, undertakes to provide the Customer with laser hair removal services or other related Services (hereinafter – the Services), as specified in the Contractor’s Price List of Services (the Price List is available on the Contractor’s website and at the Salon reception desk), based on the Customer’s verbal request or online request through the Website, and the Customer undertakes to accept and pay for the Services actually provided.
2. The provision of Services is carried out exclusively after the Customer signs the Information Card.
3. The Customer may order both a one-time provision of Services (single procedure/session) and a set of Services (hereinafter – Service Package) offered by the Contractor.
4. The Contractor has no right to disclose to third parties any information about the Customer’s health (blood type, Rh factor, past illnesses, surgeries, information about chronic diseases, etc.) obtained in connection with the execution of this Agreement, except as provided by the legislation of Ukraine.

• PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE

  1. The Services under this Agreement are provided by the Contractor to the Customer on a paid basis.
  2. The price of this Agreement is determined as the total amount of Services provided by the Contractor and accepted by the Customer.
  3. The cost of Services is determined depending on the scope of the Services provided and in accordance with the current Price List of the Contractor’s Services on the date of provision, which is displayed in a publicly accessible place in the reception area and on the Contractor’s Website.
  4. In the case of ordering one-time Services, payment for the provided Services shall be made by the Customer in the amount of 100% of the cost of the Services immediately after the actual receipt of such Services by one of the following methods at the Customer’s choice:
     1. By making a cash payment to the Contractor’s cashier;
     2. By making a payment via bank transfer to the Contractor’s account;
     3. By paying through a POS terminal directly in the Salon or via the Internet using any payment services available on the Contractor’s Website.

• PROCEDURE FOR PROVIDING SERVICES

  1. Before starting the provision of Services, the Contractor informs the Customer about the list, composition, and cost of the Services to be provided and verbally agrees with the Customer on the list and cost of all the Services the Customer wishes to receive.
  2. If a Customer who has not previously been a client of the Contractor applies for the first time, such a Customer has the right to use the Loyalty Program for new clients, receiving a one-time discount of 50 (fifty) % on one chosen hair removal area. The discount period in this case starts from the moment the Customer applies for the Services and ends immediately after their completion (actual provision).
  3. Services are provided by prior booking, which is made by phone and/or via the Internet.
  4. The provision of Services without prior booking is possible only if there are no prior bookings for that time by other Customers.
  5. The date and time of Service provision are agreed orally between the Contractor and the Customer.
  6. The date and time of Service provision may be changed at the Customer’s initiative before the scheduled time of such Service.
  7. The date and time of Service provision may be changed at the Contractor’s initiative in the following cases:
     1. if the Customer’s state of health before the start of the Service makes it impossible to provide it or significantly increases the risk of complications, threats to the life or health of the Customer, or other serious or negative consequences.
     2. if force majeure circumstances arise that make it impossible for the Contractor to provide the Services.
     3. the previously agreed time for the start of the Service may be changed with a slight waiting period due to the different duration of serving previous Customers, which may exceed the expected time allocated for the respective Service.

• RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. Customer’s Rights:
     1. To receive Services of appropriate quality;
     2. To receive reliable and complete information about the list, composition, and cost of the Services provided by the Contractor;
     3. To demand the provision of Services by the Contractor in the absence of contraindications that make such Services impossible;
     4. To have the right to confidentiality regarding his/her state of health, as well as information obtained under this Agreement.
  2. Customer’s Obligations:
     1. Strictly follow the Contractor’s recommendations.
     2. Provide originals or copies of documents containing information about the Customer’s state of health if necessary.
     3. Fully pay the cost of the Services actually provided in the manner and under the conditions defined by this Agreement.
     4. Arrive at the Service location on the agreed date and time, as defined in clause 5.2. of this Agreement.
     5. Before the start of the Services, inform the Contractor of all known diseases, defects, allergic or specific body reactions, and other essential information about his/her state of health.
     6. The Customer (including his/her children) who is present in the Salon must treat the Contractor, its employees, and visitors kindly and respectfully, not behave noisily, and refrain from rudeness, tactlessness, or any manifestations of aggression.
     7. The Customer must maintain cleanliness in the Salon premises and comply with sanitary and hygienic conditions.
     8. The Contractor has the right to refuse to provide Services to Customers who arrive in a state of alcoholic or drug intoxication.
     9. Smoking and the consumption of alcohol brought by oneself in the Salon premises and on adjacent territories are prohibited.
     10. Notify the Contractor in advance of the inability to attend the Salon for Services, but not later than 1 hour before the time for which the Customer is booked.
  3. Contractor’s Rights:
     1. To change the procedure for providing Services and their cost by publishing changes on the Contractor’s Website.
     2. To conduct photo and/or video recording of the Service process and subsequently use anonymized results of such recording for advertising, marketing, training, and other purposes not contrary to the legislation of Ukraine.
     3. In case of the Customer’s delay, unilaterally change the time of Service provision defined in clause 5.2. of this Agreement, or unilaterally cancel the provision of such Services.
     4. To engage third parties to fulfill its obligations under this Agreement.
     5. To refuse to provide Services to the Customer if the health information obtained by the Contractor contains any contraindications regarding the Customer’s receipt of laser hair removal Services.
     6. To refuse to provide Services in case of the Customer’s violation of the terms of this Agreement.
  4. Contractor’s Obligations:
     1. To provide the Customer with Services of appropriate quality in the manner and on the conditions defined by this Agreement.
     2. To use equipment in accordance with its purpose and comply with the rules and conditions for the provision of Services.
     3. To keep and maintain documentation and reporting in accordance with the requirements of the legislation of Ukraine.

• LIABILITY OF THE PARTIES

  1. In case of non-performance or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine, taking into account the terms of this Agreement.
  2. If the Customer cancels an appointment more than three times, or fails to appear for an appointment without prior notice in accordance with subparagraph 6.2.10 of this Agreement, further booking is possible only on the condition of making a full prepayment in the amount of 100 (one hundred) % of the cost of the Services selected by the Customer and for which the appointment was made.
  3. The Contractor is not liable for damage caused to the life and health of the Customer as a result of:
     1. failure by the Customer to fulfill the obligations specified in subparagraph 6.2.1 of this Agreement;
     2. failure by the Customer to observe the contraindications for the Services;
     3. failure by the Customer to provide information about his/her state of health in accordance with clause 6.2.5 of this Agreement.
  4. The Contractor shall be released from liability for damage caused to the life and health of the Customer if the damage did not occur due to the fault of the Contractor.
  5. The Contractor does not and cannot bear any responsibility for the loss of personal belongings (including but not limited to: documents, money, jewelry, other material values) of the Customer.
  6. If the Customer wishes to leave his/her personal belongings with the Contractor (its employees and/or representatives) for temporary storage, the Customer automatically agrees to the terms of clause 7.5 of this Agreement and confirms that he/she has been properly informed regarding the Contractor’s non-liability for possible loss (full or partial) and/or damage of such personal belongings by the Contractor. In this case, the Customer fully assumes all possible risks associated with the loss of personal belongings entrusted for storage to the Contractor (its employees and/or representatives).

• FORCE MAJEURE CIRCUMSTANCES

  1. The Parties are released from liability for non-performance or improper performance of their obligations under this Agreement if such non-performance or improper performance was caused by force majeure circumstances. Force majeure circumstances include accident, disaster, natural calamity, epidemic, epizootic, war, military actions, civil unrest, strike, terrorist acts or attacks, anti-terrorist operations, fires, explosions, power outages, interruptions in the supply of natural gas or drinking water, breakdown of equipment or machinery, temporary incapacity of the Parties, actions of third parties, adoption of acts by state authorities, and other circumstances beyond the control of the Parties that make timely, complete, and proper performance of obligations under this Agreement impossible.
  2. The Party unable to fulfill its obligations under this Agreement due to force majeure circumstances must notify the other Party no later than within 3 (three) calendar days from their occurrence. After the cessation of the force majeure circumstances, the Party affected by them must notify the other Party of such cessation within 3 (three) calendar days from the end of the force majeure or from the moment the Party has the opportunity to notify the other Party of the cessation of the force majeure circumstances.
  3. If the force majeure circumstances last for more than two months, either Party has the right to unilaterally refuse to perform this Agreement by notifying the other Party no later than ten calendar days prior to the date of refusal.

• DISPUTE RESOLUTION PROCEDURE

  1. In the event of disputes or disagreements under this Agreement, the Parties undertake to resolve them through mutual negotiations and consultations.
  2. If the Parties fail to reach an agreement, disputes (disagreements) shall be resolved in court according to the established jurisdiction and competence of such a dispute in accordance with the current legislation of Ukraine.

• TERM OF THE AGREEMENT AND OTHER CONDITIONS

  1. This Agreement is a public Agreement and contains all essential conditions for the provision of Services by the Contractor.
  2. The Contractor reserves the right to refuse to provide Services to the Customer unilaterally, without providing any reasons for such refusal.
  3. The terms of this Agreement are established equally for all Customers.
  4. By verbally or in writing requesting the Services from the Contractor, the Customer accepts (acknowledges) all terms of this Agreement, and the date of the Customer’s first request and the signing of the Information Card by the Customer shall, by agreement of the Parties, be considered the date of conclusion of this Agreement.
  5. This Agreement is considered concluded for an indefinite term and remains in force until the Parties fully perform their obligations under it.
  6. This Agreement may be terminated in the following cases:
     1. Failure by the Customer to fulfill his/her obligations under this Agreement, including violation of payment terms;
     2. Violation by the Customer or the Contractor of the terms of this Agreement or the conditions of Service provision;
     3. Refusal by the Customer to receive the Services of the Contractor;
     4. Unilateral refusal of the Contractor to provide Services to the Customer without explanation.
  7. The Contractor makes every effort to ensure that the information posted on the Website is up-to-date and useful at the time of its publication and shall not be liable for the use of such information resulting from possible inaccuracies, errors, or omissions.
  8. The Contractor shall not bear material or other liability for intentional or unintentional damage that may result from the use of the information posted on the Contractor’s Website, which may become outdated, be incomplete, or contain technical or grammatical inaccuracies.
  9. The Contractor has the right to make changes and additions to the Contractor’s Services and other information posted on the Contractor’s Website, including that posted directly in the Salon, without prior notice.
  10. Amendments to this Agreement are made by the Contractor unilaterally and take effect from the moment they are published on the Contractor’s Website. The Customer undertakes to independently familiarize himself/herself with the current version of this Agreement, while the Contractor may additionally notify the Customer of changes to the Agreement.
  11. For a Customer who has used the Contractor’s Services prior to the amendments to this Agreement, confirmation of full and unconditional acceptance of the amended terms shall be the continued use of the Contractor’s Services.
  12. By accepting this Agreement, the Customer consents to the processing of his/her personal data, including Cookies, and their inclusion in the Contractor’s database in accordance with the requirements of the Law of Ukraine “On Personal Data Protection.”
  13. By accepting this Agreement, the Customer confirms that he/she has been informed of his/her rights in accordance with the Law of Ukraine “On Personal Data Protection.”
  14. All information about the organization of the Service provision process, which is not publicly available (features of the equipment, techniques of Service provision, payment procedures, signed documentation during the provision of Services, specifics of the Contractor’s staff, etc.) that became known to the Customer during the provision of the Services is confidential information with restricted access and shall not be disclosed without the consent of the other Party to this Agreement.
  15. In case of disclosure of confidential information, the Customer shall reimburse the Contractor for all expenses incurred to prevent the dissemination and disclosure of such information, including possible damages related to such disclosure, as well as a fine in the amount of 50,000 (fifty thousand) hryvnias 00 kopecks.
  16. All ideas, concepts, creative or training materials and developments of the Contractor, including branding, logo, corporate identity, are the intellectual property of the Contractor, protected by the Law of Ukraine “On Copyright and Related Rights,” as well as the Law of Ukraine “On Protection of Rights to Marks for Goods and Services.”