TERMS AND CONDITIONS
Acceptance of the Terms and Conditions
These terms of use are entered into by and between You and
Jinsei Massage (“Company”, “we” or “us”).
The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, these “Terms of Use”),
govern your access to and use of the platform detailed below (collectively
the “Website”):
- The
www.jinseimassage.com website; - Mobile and desktop applications you download from the Website, or from
application stores such as the Google Play Store or Apple App Store, which
provide dedicated non- browser-based interaction between you and the Website. - Interaction with our advertising and applications on third-party websites
and services, if those applications or advertising include links to this policy.
Please read the Terms of Use carefully before you start to use the Website.
By using the Website, or by clicking to accept oragree to the Terms of
Use when this option is made available to you, you accept and agree to
be bound and abide by these Terms of Use and our Privacy Policy, found at
www.jinseimassage.com/privacy, incorporated herein by reference. If you do not want to agree to these
Terms and Conditions or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age
or older. By using this Website, you represent and warrant that you are
of legal age to form a binding contract with the Company and meet all
of the foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Website.
Appointments
You can make an appointment with Jinsei Massage in a number of ways including via our website, phone, text or email. Appointments are available for a variety of durations from 60 minutes to 120 minutes.
Upon making a booking, you will receive a confirmation from our receptionists including the downpayment details.
Cancellation
Cancellation Policy: 24 hours. Please cancel as soon as possible if a foreseeable event is likely to prevent you from attending, for example, illness or adverse weather conditions.
We require a minimum of 24 hours notice to cancel an appointment. Failure to attend an appointment with less than 24 hours notice of cancellation will forfeit the downpayment fee. This is because we may not be able to fill your appointment slot and still need to cover our costs.
However, if you need to cancel your appointment at short notice because of Covid-19 related symptoms, a long-term medical condition which varies from day to day, or because you are more than 37 weeks pregnant, then we shall discuss the cost implications on a case by case basis.
Late Arrivals: It is important that our agreed appointment time and duration is adhered to. We appreciate that sometimes, things happen, and you may arrive a little later or need to leave a bit earlier than planned. This is fine, but we cannot make up the missed time by overrunning or adding time to subsequent appointments.
Confidentiality
All client information and clinical records will be safeguarded by Jinsei Massage and will remain confidential. Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
Consultations and client treatment details will not be discussed with anyone other than the client, unless the client is under the age of 18 or has a care worker or guardian.
In order to prevent unauthorized access or disclosure, we employ security measures to protect your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We have also put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We will retain your information for a reasonable period or as long as the law requires.
Each practitioner working for Jinsei Massage will have access to these records only for the duration of their contract with Jinsei Massage, and solely for the purpose of providing you with the most appropriate treatment.
For more information, please review our Privacy Notice.
Health & Safety
All practitioners or therapists or “Body Care Specialists” at Jinsei Massage are qualified and well-trained massage therapists and spa specialists.
Due to the nature of massage and the need for close contact, all Jinsei Massage practitioners will maintain a high standard of personal hygiene and clients are asked to ensure that they also maintain a high standard of personal hygiene.
If a practitioner is unwell, suffering from a cold or virus, infection or general ill health, they will not be allowed to work due to the risks of cross contamination. This may result in Jinsei Massage contacting you to inform you of the issue at the earliest opportunity to make suitable alternative arrangements.
Clients are asked not to attend for a massage if they are unwell, suffering from a cold or virus, infection or general ill health. Please contact Jinsei Massage via email at reception@jinseimassage.com at the earliest opportunity to rearrange your appointment. If you are unwell and contact us to inform us of your illness, please note that our Cancellation Policy may still apply.
Jinsei Massage, including the practitioners, will not be held responsible for the loss or damage of personal items during your time at the Jinsei Massage premises.
Clients under the age of 18 years must be accompanied by a parent or guardian.
Jinsei Massage holds the right to refuse any treatment if a client is physically or verbally abusive towards any practitioner, or demonstrates inappropriate, aggressive or sexual behaviour. Such behaviour may result in a partial or total ban from Jinsei Massage, and may also result in criminal proceedings.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them and
apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms
of Use means that you accept and agree to the changes. You are expected
to check this page frequently, so you are aware of any changes, as they
are binding on you.
Covid-19
When Jinsei Massage resume appointments, there will be an additional declaration form to complete stating that:
The client has not been in contact with anyone with Covid-19 in the last few weeks, to the best of their knowledge
The client has not had any symptoms:
a recent onset of a new, continuous cough
a high temperature (typically more than 37.5 degress Celsius)
a loss of, or change in, normal sense of smell and / or taste
Should the client contract the virus, or be contacted by the authorities and advised to self-isolate, they must inform Jinsei Massage as soon as possible
Depending upon the timing, Jinsei Massage will need to contact the practitioner and may need to contact other clients possibly affected, and to self-isolate
It is understood that before entering our spa, the customer is already aware of the safety protocol placed by the government and has already completed all necessary precautionary measures.
Jinsei Massage may decline to provide service to a customer whom, upon our examination, is vulnerable to COVID-19, or is exhibiting COVID-19 symptoms.
Customers should always follow safe social distancing protocols, wearing of mask, and frequent sanitation of hands and other protocols set by the establishment.
The customer voluntarily seeks the service/s of Jinsei Massage and acknowledges that they are increasing the risk of contracting COVID-19. Jinsei Massage cannot guarantee that the customer will not be infected while inside the premises despite the safety compliant protocols in place.
Gift Cheques / Gift Certificates / Electronic Gift Certificates / E-GCs
A gift certificate is valid for twelve (12) months from the date of issuance, and can only be redeemed at the same Jinsei Massage Zen or branch where it was purchased.
Gift certificates are valid only at the specific Jinsei Massage Zen location where they were purchased. However, management reserves the right to accept gift certificates purchased at other Jinsei Massage Zen locations. Please contact the desired location directly to confirm availability and terms.
A gift certificate is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
A gift certificate is not valid during sale or in conjunction with any promos or special promotion. However, management reserves the right to accept the gift certificate in conjunction with other promotions. Please contact the desired location directly to confirm availability.
Points or other incentives cannot be availed or redeemed while using a certificate.
Request to extend the expiry date from the date of issue will strictly not be allowed.
We are not responsible if a gift certificate is lost, stolen, damaged or destroyed and no replacement will be provided in these circumstances.
A gift certificate cannot be redeemed in order to purchase products, memberships, and gift certificates.
Tampered / destroyed QR code / bar code / serial number will void the gift certificate.
A gift certificate cannot be used for tips / gratuities.
The management retains the right to reject any voucher that has been tampered with or found in any way unacceptable.
Disclaimer
Jinsei Massage provide massage therapy and bodywork in a variety of forms, but none of these bodywork modalities are a substitute for professional medical care or counseling. None of the practitioners at Jinsei Massage will diagnose, prescribe medication or medical treatment of any kind, unless they are personally qualified to do so, and will always recommend referral to a general practitioner or other qualified medical specialist or practitioner.
The client has a duty to inform and provide accurate and true medical and personal information, to the best of their knowledge, and to keep Jinsei Massage up to date with details of any medication, symptoms, medical concerns or treatments they are having investigated or undergoing treatment for.
All practitioners at Jinsei Massage may refuse to treat any client or part of their body with just and reasonable cause. Jinsei Massage reserves the right to terminate any appointment at any time if they believe that it is not safe or in the client’s best interest to continue. Likewise, the client has the right to refuse, modify or terminate treatment at any time, regardless of prior consent given.
Clients shall understand that massage therapy is provided for stress reduction, relaxation, relief from muscular tension, and improvement of circulation and energy flow.
If clients shall experience pain or discomfort during the session, clients shall immediately inform their therapist so that pressure/strokes can be adjusted to their level of comfort. Clients will not hold their therapist responsible for any pain or discomfort Clients shall experience during or after the session.
Clients shall understand that the services offered today are not a substitute for medical care. Clients shall understand that their therapist is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
Clients shall affirm that clients shall notified their therapist of all known medical conditions and injuries.
Clients shall agree to inform the therapist of any changes in their health and medical condition. Clients shall understand that there shall be no liability on the therapist’s part should clients forget to do so.
Clients shall understand that massage is entirely therapeutic and non-sexual in nature.
By agreeing to this term, clients shall hereby waive and release their therapist from any and all liability, past, present, and future relating to massage therapy and bodywork.
Clients have received the policy statement, and have read and agree to the policies therein
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service
or material we provide on the Website, in our sole discretion without
notice. We will not be liable if for any reason all or any part of the
Website is unavailable at any time or for any period. From time to time,
we may restrict access to some parts of the Website, or the entire Website,
to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet
connection are aware of these Terms of Use and comply with them
To access the Website or some of the resources it offers, you may be asked
to provide certain registration details or other information. It is a
condition of your use of the Website that all the information you provide
on the Website is correct, current, and complete. You agree that all information
you provide to register with this Website or otherwise, including but
not limited to through the use of any interactive features on the Website,
is governed by our Privacy Policy, and you consent to all actions we take
with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other
piece of information as part of our security procedures, you must treat
such information as confidential, and you must not disclose it to any
other person or entity. You also acknowledge that your account is personal
to you and agree not to provide any other person with access to this Website
or portions of it using your user name, password, or other security information.
You agree to notify us immediately of any unauthorized access to or use
of your user name or password or any other breach of security. You also
agree to ensure that you exit from your account at the end of each session.
You should use particular caution when accessing your account from a public
or shared computer so that others are not able to view or record your
password or other personal information.
We have the right to disable any user name, password, or other identifier,
whether chosen by you or provided by us, at any time in our sole discretion
for any or no reason, including if, in our opinion, you have violated
any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including
but not limited to all information, software, text, displays, images,
video, and audio, and the design, selection, and arrangement thereof),
are owned by the Company, its licensors, or other providers of such material
and are protected by Philippines and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial
use only. You must not reproduce, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download, store,
or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental
to your accessing and viewing those materials. - You may store files that are automatically cached by your Web browser for
display enhancement purposes. - You may print or download one copy of a reasonable number of pages of the
Website for your own personal, non-commercial use and not for further
reproduction, publication, or distribution. - If we provide desktop, mobile, or other applications for download, you
may download a single copy to your computer or mobile device solely for
your own personal, non-commercial use, provided you agree to be bound
by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text. - Delete or alter any copyright, trademark, or other proprietary rights notices
from copies of materials from this site. - You must not access or use for any commercial purposes any part of the
Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that
set out in this section, please address your request to reception@jinseimassage.com.
If you print, copy, modify, download, or otherwise use or provide any other
person with access to any part of the Website in breach of the Terms of
Use, your right to use the Website will stop immediately and you must,
at our option, return or destroy any copies of the materials you have
made. No right, title, or interest in or to the Website or any content
on the Website is transferred to you, and all rights not expressly granted
are reserved by the Company. Any use of the Website not expressly permitted
by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, the terms Jinsei Massage, Jinsei, ShopJinsei,
“Live life”, Jinsei Signature and Fusion Massages, and all related names,
logos, product and service names, designs, and slogans are trademarks
of the Company or its affiliates or licensors. You must not use such marks
without the prior written permission of the Company. All other names,
logos, product and service names, designs, and slogans on this Website
are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with
these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international
law or regulation (including, without limitation, any laws regarding the
export of data or software to and from the US or other countries). - For the purpose of exploiting, harming, or attempting to exploit or harm
minors in any way by exposing them to inappropriate content, asking for
personally identifiable information, or otherwise. - To send, knowingly receive, upload, download, use, or re-use any material
that does not comply with the Content Standards set out in these Terms of Use. - To transmit, or procure the sending of, any advertising or promotional
material including any “junk mail”, “chain letter”,
“spam”, or any other similar solicitation. - To impersonate or attempt to impersonate the Company, a Company employee,
another user, or any other person or entity (including, without limitation,
by using email addresses or screen names associated with any of the foregoing). - To engage in any other conduct that restricts or inhibits anyone’s
use or enjoyment of the Website, or which, as determined by us, may harm
the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or
impair the site or interfere with any other party’s use of the Website,
including their ability to engage in real time activities through the Website. - Use any robot, spider, or other automatic device, process, or means to
access the Website for any purpose, including monitoring or copying any
of the material on the Website. - Use any manual process to monitor or copy any of the material on the Website
or for any other unauthorized purpose without our prior written consent. - Use any device, software, or routine that interferes with the proper working
of the Website. - Introduce any viruses, trojan horses, worms, logic bombs, or other material
that is malicious or technologically harmful. - Attempt to gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Website, the server on which the Website is stored, or
any server, computer, or database connected to the Website. - Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages
or profiles, forums, bulletin boards, blog commenting sections, and other
interactive features (collectively, “Interactive Services”)
that allow users to post, submit, publish, display, or transmit to other
users or other persons (hereinafter, “post”) content or materials
(collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in
these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential
and non-proprietary. By providing any User Contribution on the Website,
you grant us and our affiliates and service providers, and each of their
and our respective licensees, successors, and assigns the right to use,
reproduce, modify, perform, display, distribute, and otherwise disclose
to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have
the right to grant the license granted above to us and our affiliates
and service providers, and each of their and our respective licensees,
successors, and assigns. - All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions
you submit or contribute, and you, not the Company, have fully responsibility
for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or
accuracy of any User Contributions posted by you or any other user of
the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in
our sole discretion. - Take any action with respect to any User Contribution that we deem necessary
or appropriate in our sole discretion, including if we believe that such
User Contribution violates the Terms of Use, including the Content Standards,
infringes any intellectual property right or other right of any person
or entity, threatens the personal safety of users of the Website or the
public, or could create liability for the Company. - Disclose your identity or other information about you to any third party
who claims that material posted by you violates their rights, including
their intellectual property rights or their right to privacy. - Take appropriate legal action, including without limitation, referral to
law enforcement, for any illegal or unauthorized use of the Website. - Terminate or suspend your access to all or part of the Website for any
or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with
any law enforcement authorities or court order requesting or directing
us to disclose the identity or other information of anyone posting any
materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY
AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN
AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
However, we cannot and do not undertake to review all material before it
is posted on the Website, and cannot ensure prompt removal of objectionable
material after it has been posted. Accordingly, we assume no liability
for any action or inaction regarding transmissions, communications, or
content provided by any user or third party. We have no liability or responsibility
to anyone for performance or nonperformance of the activities described
in this section.
Content Standards
These content standards apply to any and all User Contributions and use
of Interactive Services. User Contributions must in their entirety comply
with all applicable federal, state, local, and international laws and
regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable. - Promote sexually explicit or pornographic material, violence, or discrimination
based on race, sex, religion, nationality, disability, sexual orientation, or age. - Infringe any patent, trademark, trade secret, copyright, or other intellectual
property or other rights of any other person. - Violate the legal rights (including the rights of publicity and privacy)
of others or contain any material that could give rise to any civil or
criminal liability under applicable laws or regulations or that otherwise
may be in conflict with these Terms of Use and our Privacy Policy. - Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset,
embarrass, alarm, or annoy any other person. - Impersonate any person, or misrepresent your identity or affiliation with
any person or organization. - Involve commercial activities or sales, such as contests, sweepstakes and
other sales promotions, barter, or advertising. - Give the impression that they emanate from or are endorsed by us or any
other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please
see our Copyright Policy for instructions on sending us a notice of copyright
infringement. It is the policy of the Company to terminate the user accounts
of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely
for general information purposes. We do not warrant the accuracy, completeness,
or usefulness of this information. Any reliance you place on such information
is strictly at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any other
visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials
provided by other users, bloggers, and third-party licensors, syndicators,
aggregators, and/or reporting services. All statements and/ or opinions
expressed in these materials, and all articles and responses to questions
and other content, other than the content provided by the Company, are
solely the opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the opinion
of the Company. We are not responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content
is not necessarily complete or up- to-date. Any of the material on the
Website may be out of date at any given time, and we are under no obligation
to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy.
By using the Website, you consent to all actions taken by us with respect
to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods
or services formed through the Website or resulting from visits made by
you are governed by our Terms of Sale, which are hereby incorporated into
these Terms of Use.
Additional terms and conditions may also apply to specific portions, services
or features of the Website. All such additional terms and conditions are
hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair
and legal and does not damage our reputation or take advantage of it,
but you must not establish a link in such a way as to suggest any form
of association, approval, or endorsement on our part without our express
written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on
this Website. - Send emails or other communications with certain content, or links to certain
content, on this Website. - Cause limited portions of content on this Website to be displayed or appear
to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely
with respect to the content they are displayed with and otherwise in accordance
with any additional terms and conditions we provide with respect to such
features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be
displayed by, any other site, for example, framing, deep linking, or in-line linking. - Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website
that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking
immediately to stop. We reserve the right to withdraw linking permission
without notice.
We may disable all or any social media features and any links at any time
without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by
third parties, these links are provided for your convenience only. This
includes links contained in advertisements, including banner advertisements
and sponsored links. We have no control over the contents of those sites
or resources, and accept no responsibility for them or for any loss or
damage that may arise from your use of them. If you decide to access any
of the third-party websites linked to this Website, you do so entirely
at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Website will be free
of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any
lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL
DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY
NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY,
OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER
THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS
THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT
THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE
OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS
OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates,
licensors, and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors,
and assigns from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses, or fees (including reasonable attorneys’
fees) arising out of or relating to your violation of these Terms of Use
or your use of the Website, including, but not limited to, your User Contributions,
any use of the Website’s content, services, and products other than
as expressly authorized in these Terms of Use or your use of any information
obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute
or claim arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be governed by and construed
in accordance with the internal laws of the Philippines without giving
effect to any choice or conflict of law provision or rule (whether of
the Philippines or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these
Terms of Use or the Website shall be instituted exclusively in the
courts of the Philippines in each case located in Antipolo City, although
we retain the right to bring any suit, action, or proceeding against you
for breach of these Terms of Use in your country of residence or any other
relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes
arising from the use of these Terms of Use or the Website, including disputes
arising from or concerning their interpretation, violation, invalidity,
non-performance, or termination, to final and binding arbitration under
the Philippine law.
Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms
of Use shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure
of the Company to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal
of competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of the Terms of Use will continue
in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, our Copyright Policy, and our Terms
of Sale constitute the sole and entire agreement between you and the Company
regarding the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding
the Website.
Your Comments and Concerns
This website is operated by:
Jinsei Massage
Unit 1, Megathon Bldg., L Sumulong Mem Circle
San Roque, Antipolo City PH 1870
All notices of copyright infringement claims should be sent to the copyright
agent designated in our Copyright Policy in the manner and by the means
set out therein.
All other feedback, comments, requests for technical support, and other
communications relating to the Website should be directed to reception@jinseimassage.com.