Terms of Service
At The First Refresh, we believe that a community founded on trust and mutual respect is everything. These policies were put in place to protect you and our Beauty Consultant community - we look forward to doing beauty better, with you.
This website, www.thefirstrefresh.com (“site”, “website”), is operated by W Collective Private Limited. Throughout the site, the terms “we”, “us” and “our” refer to W Collective Private Limited, through our brand name The First Refresh ("The First Refresh"). The First Refresh offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, engaging our services and/or purchasing something from us, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. For clarity, these Terms of Service apply to all our clients, including corporate/event clients, and users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store or site shall also be subject to the Terms of Service. We reserve all rights not granted in these Terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Services.
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. The word “including” and similar words do not imply any limit.
2.4 By booking a service with The First Refresh, you agree and acknowledge that:
- You will pay us the applicable fee for such service and expressly authorize us (or our third-party payment provider) to charge you such fee. You agree to the pricing, payment and billing policies applicable to such fees, as posted on this site or otherwise communicated to you. In particular, if you elect to set up a subscription with The First Refresh, you acknowledge that your subscription has recurring payment features and you will be automatically charged unless and until you notify us to cancel your subscription. You accept full responsibility for all recurring payment obligations prior to your cancellation of the subscription or the termination of these Terms by us.
- All payments are non-refundable and non-transferable except as provided in these Terms. All fees and applicable taxes are payable in Singapore Dollars (SGD) currency.
- No refunds will be processed upon completion of your beauty service. If you are dissatisfied with your assigned Beauty Consultant, please ensure that you stop the service within 15 minutes of the scheduled appointment time and notify our concierge team via Whatsapp in writing immediately, stating that you do not wish to continue with the service and the reasons why. Your complaint will be investigated within 72 hours, and we will share our findings upon completion of our investigation.
- The First Refresh is not a medical practitioner, and cannot be held responsible for any allergic reactions that may ensue in the process of carrying out your beauty service. In the event that complications do ensue, you agree that you will consult a medical professional as soon as reasonably practicable at your own cost and expense, and ensure that you do not take or omit to take any actions that may cause your condition to escalate beyond the original allergic reaction.
- The durability of the results of your beauty service varies from person to person and is depending on factors outside of The First Refresh's control, including but not limited to, the environment in which the beauty service is carried out, skin type / condition, lifestyle, maintenance and care etc.
- If any contraindications are present at the time of your beauty service, by proceeding with the beauty service, you are deemed to have accepted all risks in relation to the beauty service.
- Photographs and/or audio-visual footage may be taken during your beauty service and of the end result for our archival and promotional purposes (e.g. on our website, social media or third party publication) and you hereby consent to such recording media and its release, reproduction, distribution, publication and/or adaptation. This clause shall apply unless you expressly notify us in writing that you do not wish for your content to be reproduced.
3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4.1 Prices for our products are subject to change without notice.
4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return and refund policies. For more detail, click here to review our FAQs page.
5.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Where your shipping address is incorrectly entered and as a result our Beauty Consultant arrives at an incorrect address, a rebooking fee of 20 SGD will be levied for the redelivery of your service at a revised location.
6.3 You represent that you have the have the legal right to use the payment method(s) represented by the payment information you provided (such as the credit card number, expiration date of the credit card, and the email and postal address for billing purposes), and authorize us to provide such payment information to our third-party payment processor.
6.4 For more detail on our return and refunds policies, click here to review our FAQs page.
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8.1 Certain content, products and services available via our Service may include materials from third-parties.
8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
8.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9.1 If, at our request, you send certain specific submissions (for example contest entries) or with or without a request from us, you send creative ideas, suggestions, feedback, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments
9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store and/or site is governed by our Privacy Policy. To view our Privacy Policy, click here.
11.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
11.3 There may be occasional instances where we are unable to fulfill your booking due to a booking conflict (either due to timeslots being checked out by multiple parties at the same time or for any other reasons. In the unlikely event that we are unable to fulfil your booking, we reserve the right to credit the full amount back to you for use on a subsequent appointment. We do not offer cash refunds.
12.1 All appointments can be cancelled or rescheduled without penalty at least 24 hours before your scheduled appointment. Any cancellations or reschedules done within 24 hours of your appointment will incur the following fees (the higher will apply):
- Within 24 hours of the appointment: 20 SGD
- 4 hours or less before the appointment: 45 SGD
12.2 If extenuating circumstances occur (e.g. Covid-19 infections / car accidents / hospitalization of yourself or an immediate family member), please reach out to our concierge team here. We may allow reinstatement of the service on a case-by-case basis, subject to availability and any applicable rescheduling or reinstatement fee.
12.3 To ensure that we are able to provide punctual, high quality beauty services to you and the rest of our client community, please plan to be home at least 15 minutes before your scheduled appointment time. If you arrive past your scheduled appointment time or the service is otherwise unable to start at the scheduled appointment time, we seek your understanding on the following:
- A late start fee will be incurred if the appointment starts past the scheduled appointment time: 20 SGD
- If the service has not started 30 minutes or more from the scheduled appointment time: we will not be able to proceed with your service and it may be forfeited without any store credit or refund issued. Reinstatement of the appointment may be allowed on a case-by-case basis at an alternate date/timing, subject to availability and a 50 SGD reinstatement fee.
Our Beauty Consultants work hard and travel all over the island daily. Our team works hard to plan out the travel routes for our Beauty Consultants on a daily basis to ensure that we optimise their routes to reduce travel time on the road, allowing them sufficient time to rest in between appointments and travel safely and punctually to their next appointment. As a mobile beauty platform, we are a little different from an in-person salon where a beauty therapist can be easily requested and allocated in a single location.
All requests for a specific Beauty Consultant will incur a fixed request fee of 15 SGD. When a fixed request is processed, your Beauty Consultant may not receive an optimized travel route and may be required to travel from one end of the island to the other.
13.1 All intellectual property rights, including without limitation copyrights, patents, trademarks, trade secrets, and all other rights resulting from intellectual activity, in the website and the content therein (including information, data, applications, dashboards, materials, text, images, videos, graphics, charts, designs, sounds, look, feel, selection and arrangement, and other components) are owned by us, our affiliates or their respective owners. Title to, and ownership of, those intellectual property rights shall remain with its respective owner(s). You agree not to contest or dispute that ownership, or the validity of those intellectual property rights. These Terms do not grant or transfer to you any right, title or interest in or to such intellectual property rights. Without prejudice to the foregoing, you are only granted a limited license on a non-exclusive non-assignable revocable basis for the purposes of viewing the website and its content for your own internal use. You are not permitted to use in any manner the website, its content or such intellectual property rights without the applicable prior written consent from us, our affiliates or their respective owners.
13.2 For event and corporate engagements, you also consent to our use and display of your company and/or brand logo and trade names for marketing and promotional purposes (e.g. on our website, in our marketing collateral or client portfolio).
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
15.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
15.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
15.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, and to the extent that they cannot be excluded, liability for them is limited to the maximum extent permitted by law or at our option, to supplying the product or service again.
15.5 In no case shall The First Refresh, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim (including any claim for property damage, purported or otherwise), or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or our provision of any of the services or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15.6 The parties agree that to the maximum extent permissible by law, any applicable consumer protection legislation does not apply to the supply of the Services or these Terms, and it is fair and reasonable that the parties are bound by this provision.
15.7 In any event, our maximum aggregate liability under or in connection with these Terms or relating to the Services shall not exceed an amount equal to ten percent (10%) of the total fees paid by you.
You agree to indemnify, defend and hold harmless The First Refresh and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
18.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
19.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19.2 These Terms of Service and any policies or operating rules posted by us on this site or otherwise communicated to you in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
19.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
21.1 You can review the most current version of the Terms of Service at any time at this page.
21.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms shall inure to the benefit of and shall be binding upon each party’s successors and assigns. You may not assign or novate any right or obligation in these Terms in whole or in part without our prior written consent. We may assign or novate any right or obligation in these Terms in whole or in part without notice or your prior written consent. No person, other than you and us (or our permitted assigns), has any right under the Contracts (Right of Third Parties) Act 2001, or any other applicable law, to a benefit under, or to enforce, these Terms.
Questions about the Terms of Service should be sent to us at hello@thefirstrefresh.com.
Last updated: 20 July 2023
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