1. OBLIGATIONS OF DREAM BODY AESTHETICS (PTY) LTD
1. DREAM BODY AESTHETICS (PTY) LTD (hereinafter referred to as
“DBA”) shall render the Services in accordance with their quoted price
and warrants that it has the ability, skill, expertise and experience to
render the Services in a professional, complete, and proper manner.
2. The Services shall be implemented in accordance with the Client’s
instruction and the quoted price.
3. The Client shall in no manner whatsoever be entitled to interfere with,
or allow any interference with DBA, it’s employees, agents or
subcontractors or with the completion of the Services, including but not
limited to the giving of instructions or directions, other than such as
other terms as are agreeable DBA.
4. The Client shall not have any claim of any nature against DBA or any
of its officers, employees, agents and contractors for any loss, damage
or injury which any of them may directly or indirectly suffer as a result
of the execution of the Services (save in so far as such loss, damage
or injury is caused through DBA’s gross negligence).
2. QUOTED PRICE
1. All quotations provided by DBA constitute an invitation for the provision
of the Services in accordance with the Client’s specifications and do
not give rise to any contract between the parties until payment has
been received in full by DBA.
2. No agreements for the delivery of the Services shall come into
existence until such time as full payment has been made by the Client
in terms of the quoted price.
3. DBA reserves the right to vary or withdraw the quoted price at any time
prior to the supply of the Services.
4. Any typographical, clerical or other error or omission in any sales
literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by DBA shall be subject to correction
without any liability on the part of DBA, and DBA reserves the right to
change quoted price due to increases in operating cost.
3. PAYMENT
1. The Client shall make payment strictly upon the services being
rendered.
2. DBA may in its complete discretion apply any payment received from
the Client to any amount owing by the Client to DBA.
3. All costs and expenses associated with collecting overdue amounts,
including (but not limited to) legal fees (on the attorney and client scale)
and internal costs and expenses of DBA, are to be paid by the Client
as a debt due and payable under these Terms and Conditions.
4. CANCELLATION AND REFUNDS
1. DBA may cancel the provision of the Services without notice to the
Client for which the Client shall have no claim against DBA.
2. In the event of a cancellation by the Client for any reason –
1. The Client shall not be entitled to any refund in respect of the
Service which has already been scheduled, however, the
following will apply:
1. Treatment packages/courses purchased by the client, will
not be refunded should the Client decide to cancel (this
applies to prior, during and after the commencement of
the treatment package/course)
2. The outstanding balance can be exchanged to a voucher
which is not transferable and can be used for other
treatments at the clinic, however, this would need to be
requested by the Client in writing and approved by DBA.
3.In the event that the Service has not yet been delivered at the
time of cancellation by the Client, the Client shall be liable for a
50% (fifty percent) cancellation penalty in respect of planning
and administration costs or such higher amount as stated by
DBA in its sole discretion.
5. DEFECTS
1. The Client shall notify DBA in writing within 48 hours of the delivery of
the Services of any defects in the Service. In the event that no such
notice is delivered the Client is deemed to have received the Services
in good order and without defects.
2. In the event of the Client providing incorrect information and/or or
failing to instruct DBA correctly, the cost of rectification will be for the
sole account of the Client.
6. Treatment Suitability
1. DBA will always assess whether treatment is suitable for the Client, or
likely to be successful before any Service is carried out.
2. If DBA deems the treatment unsuitable for the Client, DBA will inform
the Client as to the reasons why, either face to face or in writing.
7. Refusal of Treatment
1. DBA have the unlimited right to refuse to provide Service to any
potential Client.
2. DBA specifically reserve the right to refuse to provide treatment to any
potential Client who provides information or medical evidence relating
to a contra-indicatory condition.
8. EXCLUSION OF LIABILITY
1. Due to the nature of DBA’s industry, the Client specifically indemnifies
and holds DBA harmless and free from any claims in the event of each
and any of the following events –
1. Any incorrect information provided and/or failing to note errors
prior to the Services being rendered or after the Services have
been rendered;
2. Any delays occasioned by the failure of the Client to provide any
information required by DBA.
2. It is the Client’s responsibility to ensure that he or she provides with all
relevant medical history and information about pre-existing medical
conditions before the Service is delivered.
3. Due to the nature or non-surgical and non-invasive treatments that
DBA offer, DBA cannot guarantee results. Results will vary from person
to person. Factors such as lifestyle, medical history and age can affect
the Client’s results and the longevity of results. The results discussed
and shown to the Client are from previous Clients and are typical,
however the results are not guaranteed.
4. DBA provides information regarding non-invasive treatments which
include Body Sculpting, and other related services. DBA’s treatments
are aimed at body sculpting. It is intended to assist individuals to make
an informed decision about the Services that DBA offer. DBA do not
offer medical advice or diagnose any medical conditions.
9. GENERAL PROVISIONS
1. In the implementation of these Terms and Conditions, the parties
undertake to observe the utmost good faith.
10. POPIA
1. The parties agree that they may obtain personal information during the
duration of the Agreement for the fulfilment of the rights and obligations
contained herein and may further only process such information for the
specific purposes of complying with their obligations in terms of this
Agreement.
2. The Parties agree that if personal information will be processed for
additional purposes beyond the original purpose for which it was
obtained, explicit written consent must be obtained beforehand from
the other party.
3. Performing the obligations as set out in this Agreement, the Parties
shall at all times:
1. comply with the provisions of all laws, which regulate the
protection of personal data, including but not limited to the
Protection of Personal Information Act
2. comply with all laws, policies, and procedures relating to the
protection, storage, handling, privacy, processing and retention
of data as well as the destruction of data, including personal
data;
3. ensure that it shall not sell, offer for sale or dispose of or attempt
to dispose of or create or allow the encumbrance over any
personal data;
4. ensure that it does not disclose personal data other than in
terms of this Agreement;
5. ensure that it processes data for only the express purpose for
which it was obtained;
6. ensure that it has all reasonable technical and organisational
measures in place to protect the personal data from
unauthorised access and/or use.
11. FORCE MAJEURE
DBA shall not be liable for obligation due to the Client which it is unable to
delivery due to an event beyond the control of DBA including but not limited to any
Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of
civil or military authority, uprising, earthquake, flood or any other natural or man-
made eventuality outside of our control, which causes the termination of an
agreement or contract entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other Party of the same
and shall use all reasonable endeavours to comply with the terms and conditions of
any Agreement contained herein.
