Acknowledgement of Terms & Conditions

In these terms and conditions, the “Company” means BLACK HAIR EXPERT and the “Customer” means any person, firm, company, or body that places an order with the Company. The Company reserves the right to change and/or modify any part of these terms and conditions at any time without prior notice. These Terms and Conditions shall be binding on all Customers.

  1. Risks & Potential Adverse Effects

1.1 The Customer acknowledges that hair and scalp treatments, including but not limited to hair growth treatments, scalp therapies and related aesthetic procedures, may involve certain risks and potential adverse effects, which may include, but are not limited to:

(a) scalp irritation, redness, itching or inflammation;

(b) allergic or sensitivity reactions to products or ingredients used;

(c) temporary scalp sensitivity or discomfort;

(d) increased hair shedding or hair fall (including temporary shedding as part of the treatment process);

(e) dryness, flaking or dandruff-like conditions of the scalp;

(f) uneven or varying results in hair growth or scalp condition; and

(g) in rare cases, infection, folliculitis, pigmentation changes or scarring.

1.2 The results of hair and scalp treatments may vary significantly from person to person depending on factors such as genetics, underlying medical conditions, lifestyle and adherence to treatment and aftercare. No guarantee or warranty is made as to the outcome or effectiveness of any treatment.

1.3 The Customer shall disclose all relevant and accurate information relating to his/her medical history, scalp condition, medications, allergies and prior treatments, including any history of hair loss conditions.

1.4 The Customer will not use the products for purposes other than its intended purpose and that the Company will not be held liable for any injuries/damages/adverse effects resulting from the misuse of the product.

1.5 The Customer understands and agrees that all home care products provided to them are customized to suit their needs or conditions and it should be used solely by the Customer.

1.6 The Customer is advised not to proceed with the treatment and shall inform the Service Provider immediately if the Customer:

(a) has open wounds, cuts, infections or scalp conditions (including severe dandruff, fungal infection or psoriasis) in the treatment area;

(b) is experiencing excessive or abnormal hair loss due to medical conditions;

(c) has recently undergone medical or aesthetic procedures affecting the scalp;

(d) has known allergies or sensitivities to any products or ingredients; or

(e) is under any medical condition or medication that may affect hair growth, healing or scalp condition.

  1. Customer Acknowledgement And Consent

2.1 I hereby acknowledge and confirm that:

(a) I have been adequately informed of the nature, purpose and process of the hair and/or scalp treatment(s) to be performed;

(b) I understand the potential risks, side effects and limitations associated with such treatment(s);

(c) I understand that hair growth results are not guaranteed and may vary depending on individual conditions;

(d) I have voluntarily disclosed all relevant and accurate information relating to my medical history, scalp condition and any allergies or sensitivities;

(e) I have been given the opportunity to ask questions and have received satisfactory explanations; and

(f) I voluntarily consent to proceed with the treatment(s) at my own risk.

(g) I confirm that I have read, understood and agree to be bound by all terms and conditions governing the treatment(s), including without limitation the refund and cancellation policy, and any other policies communicated to me prior to or at the time of this consent, and I acknowledge that no refund shall be issued except in accordance with such policies.

2.2 I agree to comply with all pre-treatment and post-treatment care instructions provided by the Service Provider and acknowledge that failure to do so may affect the results and/or increase the risk of adverse effects.

2.3 I agree to notify the Company of any changes to my health status that may affect the safety or efficacy of my treatments.

  1. Aftercare Instructions & Customer Responsibilities

3.1 I acknowledge that I have received, read and understood the aftercare instructions provided to me in relation to the treatment(s).

3.2 I agree to strictly follow all pre-treatment and post-treatment care instructions, including any product usage, hygiene practices and follow-up requirements as advised by the Company.

3.3 I understand that failure to comply with the aftercare instructions may adversely affect the results of the treatment(s) and/or increase the risk of side effects, for which the Company shall not be responsible.

3.4 I agree to promptly notify the Company if I experience any unusual, adverse or unexpected reactions following the treatment(s), and to seek appropriate medical attention where necessary.

3.5 I acknowledge that the outcome of the treatment(s) is dependent on my compliance with the aftercare instructions and my individual condition, and that no guarantee has been made as to the results.

  1. Package Validity and Cancellation

4.1 The Customer understands and agrees that the discount is conditioned on the purchase of the treatment package. As such, the cancellation of a treatment/service may result in the discount being rescinded for the remaining treatment/services/any complimentary products in the package, and an additional cancellation charge and admin charge of no less than 5% may be imposed. All services/treatment rendered are strictly non-refundable.

4.2 The Customer understands and agrees that the purchased package or services must be utilized within a period of two (2) years from the date of purchase, unless otherwise specified in writing by the Company. Special cases, exceptions, or extensions beyond this two-year period may be granted at the sole discretion of the Company, subject to its policies and approval. Failure to utilize the package within the stipulated time-frame may result in forfeiture of unused services or packages, with no obligation for refunds or exchanges.

4.3 The Customer understands and agrees that any trial treatment package purchased shall be valid for a period of six (6) months from the date of purchase, unless otherwise specified in writing by the Company.

  1. Grant of Permission

The Customer hereby grants the Company permission to capture, collect, store, and use photographs, videos, audio recordings, written testimonials, before-and-after images, and any other content featuring the Customer’s name, likeness, voice, image, or personal story (collectively, the “Materials”) for marketing, promotional, educational, and commercial purposes.

  1. Licence

The Customer grants the Company a worldwide, perpetual, irrevocable (subject to Clause 11 below), royalty-free, sub-licensable licence to use, reproduce, distribute, display, and publish the Materials across all current and future media formats, including but not limited to social media platforms (such as Facebook, Instagram, TikTok, YouTube, and LinkedIn), the Company’s website, mobile applications, digital platforms, email newsletters, advertisements, brochures, press releases, in-store displays, and marketing campaigns.

  1. Modification Rights

The Company retains the right to edit, crop, retouch, adapt, translate, or otherwise modify the Materials as deemed necessary for marketing purposes, provided that such modifications do not materially misrepresent the Customer or the Customer’s experience with the Company’s products or services.

  1. No Compensation

The Customer acknowledges and agrees that no payment, compensation, royalty, or other consideration is or shall be due from the Company for the capture, use, or publication of the Materials.

  1. Withdrawal of Consent

The Customer may withdraw consent at any time by submitting a written request to the Company at the address or email set out in Clause 20 below. Upon receipt of such request, the Company shall cease using the Materials in new marketing efforts within thirty (30) business days. However, the Customer acknowledges that it may not be practicable to retract or remove Materials already published, distributed, or in circulation prior to the date of withdrawal.

  1. Data Protection

The Company commits to comply with the Personal Data Protection Act 2010 (“PDPA”) and all applicable subsidiary legislation in its collection, processing, storage, and handling of the Customer’s personal data in connection with this Policy.

  1. Anonymisation

The Company offers the option to anonymise the Customer’s identity in the Materials where appropriate or upon the Customer’s written request. The Customer may indicate a preference for anonymisation at the time of signing this Policy or at any time thereafter by written notice.

  1. Waiver of Claims

The Customer waives any and all claims, demands, actions, or causes of action against the Company, its directors, officers, employees, agents, and affiliates relating to or arising from the use of the Materials in accordance with this Policy, including but not limited to claims for defamation, invasion of privacy, right of publicity, or copyright infringement.

  1. Third-Party Disclosure

The Company may share or sub-license the Materials to its subsidiaries, affiliates, franchisees, authorised partners, marketing agencies, or media outlets for the purposes described in this Policy. The Company shall ensure that any third party receiving the Materials is bound by obligations of confidentiality and data protection no less stringent than those contained herein.

  1. Intellectual Property

All intellectual property rights in the Materials, including any edited, modified, or derivative versions thereof, shall vest in and remain the exclusive property of the Company. The Customer hereby assigns to the Company all rights, title, and interest (including copyright) in the Materials to the fullest extent permitted by law.

  1. Data Retention

The Company shall retain the Materials and the Customer’s personal data for as long as necessary to fulfil the purposes set out in this Policy, or as required by applicable law, whichever is longer. Upon expiry of the retention period or upon a valid withdrawal of consent under Clause 11, the Company shall take reasonable steps to delete or anonymise the Customer’s personal data, subject to any legal or regulatory obligations requiring its continued retention.

  1. Customer’s Representations and Warranties

The Customer represents and warrants that: (a) the Customer is of legal age and has full capacity to enter into this Policy; (b) the information provided by the Customer is true, accurate, and complete; (c) any testimonial or content provided by the Customer reflects the Customer’s genuine experience and opinion; and (d) the Customer’s participation is entirely voluntary and free from coercion or undue influence.

  1. Limitation of Liability

To the maximum extent permitted by applicable law, the Company’s total liability arising out of or in connection with this Policy, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the Customer to the Company for the services giving rise to the liabilities. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages.

  1. Severability

If any provision of this Policy is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Policy and the remaining provisions shall continue in full force and effect.

  1. Governing Law and Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy, or claim arising out of or in connection with this Policy shall first be resolved amicably through good faith negotiation between the Parties. If the dispute cannot be resolved within thirty (30) days of written notice of the dispute, either Party may refer the matter to the courts of competent jurisdiction in Malaysia.

  1. Notices

Any notice or communication required or permitted under this Policy shall be in writing and delivered to the Company at the address stated above, or by email to blackhairexpert.management@gmail.com. Notices to the Customer shall be sent to the contact details provided below.

  1. Entire Agreement

21.1 This Policy constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, understandings, or agreements, whether written or oral, between the Parties relating to such subject matter. No amendment or modification of this Policy shall be valid or binding unless made in writing and signed by both Parties.

21.2 The Customer agrees that these Terms and Conditions shall take effect and apply to all the Customer’s subsequent purchase(s) of services/treatments/products from the Company.

  1. Signature

By signing above, I, the Customer, confirm that: (a) I have read, understood, and voluntarily agree to the terms of this Policy; (b) I am at least eighteen (18) years of age or have obtained the consent of my parent or legal guardian; (c) I have had the opportunity to seek independent legal advice prior to signing; and (d) I acknowledge that this Policy constitutes a legally binding agreement between myself and the Company.