Terms of Use

1. ACCEPTANCE OF TERMS
1.1. This website (https://shiokspa.com) is owned, operated and controlled by SHIOKSPA (“SHIOKSPA”, “秀思坊”, “us”, “we”, “our”). By accessing or using the SHIOKSPA website/app, the online massage booking/advertisement service, or any applications, including mobile applications (together, the "Service"), that are made available by SHIOKSPA and provided for your personal, non-commercial use only, you agree to have read, understood and to be bound by these terms and conditions ("Terms of Use").
1.2. Please read these Terms of Service (the “Terms of Service”, “Terms” or “Agreement”) carefully as they govern your use of the mobile and internet-based services and business tools offered by SHIOKSPA (the "Company," " SHIOKSPA,” “we”, “us” or “our”). This Terms will be effective from the time a user registers on the Service until cancellation of their account.
1.3. User’s attention is drawn in particular to the following:
1.3.1. Clause 3.8; and
1.3.2. Clause 4
1.4. We appreciate your using our service which includes the use of:
1.4.1. the website www.shiokspa.com (the “Website”),
1.4.2. any SHIOKSPA branded mobile apps/software we make available,
1.4.3. any pages we operate on third party social media applications;
1.4.4. the content and services we make available through them via the internet or mobile devices (including smart phones and tablets); and
1.4.5. the provision by us of associated information, products and services by e-mail or your mobile device.
1.4.6. Such services, applications and the Website are collectively referred to as the “Service”.
1.5. The SHIOKSPA Services are designed to provide:
1.5.1. Clients with:
1.5.2. the supply of "professionals" (term used interchangeably with "Spa" / “Masseur”) registered within the SHIOKSPA Platform for the scheduling and the contracting of Beauty/Wellness Services;
1.5.3. Professionals/Spa with:
1.5.4. offers of different service packages with the primary aim of capturing new clients by the provision to them of the professional’s Beauty/Wellness Services; and
1.5.5. a tool on the SHIOKSPA Platform for synchronization of the professional’s schedule
1.6. These Terms of Service and all referenced exhibits or policies, including the Privacy Policy, constitute the entire agreement between you and SHIOKSPA concerning the subject matter herein and the use of the Services and supersede any and all previous agreements, written or oral, between you and SHIOKSPA, including previous versions of these Terms of Service.
1.7. If you enter any prize competitions or other promotions on the Services, separate terms and conditions may also apply in addition to these Terms and Policies. In the event of a conflict between any additional terms and conditions and these Terms and Policies, such additional terms shall prevail to the extent of the conflict.
1.8. All users, must accept these Terms in order to use the Services. Use of the Services constitutes acceptance of and agreement to all of the terms and conditions in these Terms of Service. If a user objects to anything in these Terms they are not permitted to use the Services.
1.9. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
1.10. We may vary these Terms of Service from time to time and shall post such alterations on the Website. If you do not agree to the changes made to these Terms then you have the right to stop using Services, and should do so immediately. Your continued use of the SHIOKSPA Services after the date the changes have been posted on the Website/App will constitute acceptance of the amended Terms.
1.11. All rights to the Website/App and the content on it (except for Professional Content) and all other Intellectual Property Rights belonging to or licensed to SHIOKSPA remain vested in SHIOKSPA at all times. Nothing in this Agreement shall give any User any rights in respect of any such Intellectual Property Rights or of the associated goodwill.
1.12. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
1.13. No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

2. DEFINITION OF TERMS
2.1. In addition to terms defined elsewhere in this Agreement, the following terms will have the meaning ascribed below:
2.1.1. “Client” or “Customer” means any person who is seeking Beauty/Wellness Services by means of the SHIOKSPA Platform, and/or who is purchasing or receiving the professional services.
2.1.2. “Professional” means an individual or organization (eg: a Spa) that is in the business of providing, and supplying to customers Beauty/Wellness Services by means of the SHIOKSPA Services.
2.1.3. “Professional Content” means any information, documentation, equipment, software or other material (which may include the Professional’s name, logo and any other brand features and Intellectual Property Rights) which may be published on the Service(s) pursuant to this Agreement.
2.1.4. “Intellectual Property Rights” means all intellectual property rights on a worldwide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trade-marks, trade names and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights.
2.1.5. “Parties” means SHIOKSPA, the Professional and the Client.
2.1.6. “Payment Provider” means the Company providing financial/operational services is responsible for the management and the control of payments made within the SHIOKSPA Platform. The user is aware that SHIOKSPA has no direct contact with the securities transactions performed by this means of payment, and all values and commission distribution must be performed exclusively by this means of payment.
2.1.7. “Registration Data” has the meaning as set out in clause 7.1.
2.1.8. “User” means individually, when in the singular, or jointly, when in the plural, the Professional and the Client.
2.1.9. “SHIOKSPA”: Means the Company, contracted by users through the SHIOKSPA Platform in order to ease, optimize and maintain the beauty and wellness service contraction by a beauty/wellness professional and a client, as well as locate clients wishing to receive any kind of beauty services by a professional.
2.1.10. “SHIOKSPA Platform” or “Platform” means any and all systems used by SHIOKSPA in order to enable a contractual relationship between a professional and a client, being, but not limited to, the Services including the website www.shiokspa.com and the application (“App”).
2.1.11. “SHIOKSPA Services” means all services, application and functionalities made available by SHIOKSPA to a Partner either on the Platform or in any other form, such as Widgets, Software and other;
2.1.12. “Promotional campaigns” means a series of advertisements and promotions that share the same message and ideas to promote SHIOKSPA and its professionals to a target audience.
2.1.13. “Software” means the SHIOKSPA web-based connection and Spa management software running through a web browser which connects Partner´s IT infrastructure to the Platform and SHIOKSPA’s IT infrastructure and to which the partner is granted access through its login data;
2.1.14. “Widget” means a widget which may be provided as one of the SHIOKSPA Services for the Partner to embed in their website, which allows Bookings to be made.
2.1.15. “Fee” means the fee payable by the partner to SHIOKSPA
2.2. Unless the context otherwise requires:
2.2.1. each gender includes the others;
2.2.2. the singular includes the plural and vice versa;
2.2.3. references to this Agreement include its Schedule;
2.2.4. references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
2.2.5. Clause headings do not affect their interpretation;
2.2.6. references to ‘writing’ or ‘written’ include email or communication by means of the facilities in the Service;
2.2.7. general words are not limited by example; and
2.2.8. references to legislation include any modification or re-enactment thereof.

3. SERVICES TERMS
3.1. Through the website/app we provide an online platform through which all Health/wellness service providers, (collectively the "Service Provider(s)"), can advertise their services for reservation, and through which visitors (“Customer”, “you”) to the website/app can make such reservations after registration. By making a reservation through SHIOKSPA, you enter into a direct (legally binding) contractual relationship with the Service Provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the Service Provider, transmitting the details of your reservation to the relevant Service Provider.
3.2. When rendering our Services, the information that we disclose is based on the information provided to us by the Service Provider. As such, the Service Providers are given access to our system through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service made available.
3.3. Our services are made available for personal and noncommercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
3.4. SHIOKSPA will offer professionals, at the time of registration and/or on the introduction of new Services, package options including additional services, aside from the main services specified in clause 1.5. SHIOKSPA offers professionals:
3.4.1. the development of a professional profile on the SHIOKSPA Platform;
3.4.2. the display of images of professional’s previous work;
3.4.3. the dissemination of recommendations of the clients;
3.4.4. photographic services; and
3.4.5. the making of promotional campaigns in order to increase the professional’s visibility.
3.5. The professional is aware that the above services are dependent on the package purchased by the professional and that the price will vary according to each package. The professional therefore acknowledges that he will only receive a particular service corresponding to the package chosen.
3.6. Notwithstanding, SHIOKSPA may, at any given moment and upon prior written notice:
3.6.1. alter the title and the service package scope; and/or
3.6.2. alter the service package prices.
With respect for the purposes of this clause 4.2, unless otherwise stated, 10 days’ notice of the alterations will be given from the date of the notice to the professionals. On expiry of the notice period, SHIOKSPA may make the alterations, irrespective of express acceptance of the professional. However, in the event a professional does not agree with the amendments proposed by SHIOKSPA, they must submit a request for cancellation of their SHIOKSPA account, by sending an email to [[email protected]]. This is without any additional charge (not including amounts owed to SHIOKSPA by professional as at the time of cancellation.
3.7. Services rendered by SHIOKSPA do not, in any event, cover:
3.7.1. in regards to both professionals and clients, a promise of employment;
3.7.2. in regards to professionals, liability to provide professionals to clients, when desired;
3.7.3. in regard to clients, any warranty in respect of the services provided by any professional.
3.8. Users agree that SHIOKSPA’s Services are limited to that of an intermediary. Beauty/Wellness Services are not bought or sold by of from SHIOKSPA. They are bought by clients from professionals and sold by professionals to clients. SHIOKSPA is not liable to any user for the acts or omissions of any other user.

4. CUSTOMER TERMS
4.1. Use of the Platform
By using the Platform, the Customer agrees:
4.1.1. A contractual relationship exists with SHIOKSPA for the sole purpose using the Platform for which SHIOKSPA does not receive any consideration from the Customer and which is governed by these General Terms and Conditions for the use of the Platform and of the Services provided (the “T&C's”) and the Privacy and Cookies Policy; and
4.1.2. A contractual relationship exists with the relevant Partner for the provision of the Services booked by the Customer through the Platform. The Customer agrees that SHIOKSPA is expressly not a party to that contract whose specific content may vary from Partner to Partner and, in cases where the terms differ from these T&C's, the Partner is obligated to notify the Customer at the time of the booking either on the relevant Partner's page on the Platform or by a link to the Partner´s terms and conditions published on Partner´s website.
4.1.3. These T&C's do not govern the relationship between SHIOKSPA and the Partner.
4.1.4. The use of the Platform is regulated by these T&C's and the "Privacy & Cookies Policy". SHIOKSPA may change its T&C's from time to time, in which case the new up to date version will be available on the Platform. The Customer will be required to review the T&C's on the Platform before concluding every transaction/booking. By continuing use of the Platform, the Customer explicitly agrees to any amendment to the T&C's.
4.1.5. These T&C's shall also apply in case the Platform is provided through one or more mobile applications or widget/plugin directly on Partner´s website.
4.2. Access to the platform
4.2.1. Access to the Platform is available when the Platform is online. SHIOKSPA has the right to put the Platform offline due to any reason it may deem appropriate or amend its content and services without notice. SHIOKSPA will not be liable if, for any reason, the Platform or any part of it will not be available at any time or for any period.
4.2.2. In order to access the Platform/App, the Customer shall have installed on his device one of the following operating systems, Android/IOS and the following software: operating system with updated antivirus software and an updated browser (we recommend Chrome and Firefox). The Customer should also ensure that his device/s has/have the necessary protection systems against data stealing or abusive IT system intrusion.
4.2.3. The Customer is solely responsible for any access to the Platform made by third parties with his/her credentials.
4.3. Misuse of the platform
4.3.1. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all time and is solely responsible for any loss that arises out of a misrepresentation.
4.3.2. The Customer will be held personally responsible for any misuse of the Platform, in particular SHIOKSPA may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorized access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
4.3.3. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all time and is solely responsible for any loss that arises out of a misrepresentation.
4.3.4. The Customer will be held personally responsible for any misuse of the Platform, in particular SHIOKSPA may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorized access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
4.4. Registration and customer generated content
4.4.1. When registering for use of the Services, the user agrees to provide true, accurate, current and complete information as prompted by the Service’s registration process and as requested from time to time by SHIOKSPA (such information, "Registration Data"). The user further agrees that, in providing such Registration Data, the user will not knowingly omit or misrepresent any material facts or information and that the user will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to the Registration Data. The user consents and authorizes SHIOKSPA to verify the Registration Data as required for the use of and access to the Services.
4.4.2. Users are allowed to, through the SHIOKSPA Platform, link to third-party application accounts, such as Facebook, Twitter and Instagram, either on creation of the user’s account or at future authorization and/or upgrade. The user permits SHIOKSPA to make publications in third-party applications for means of advertisement, without violation of the terms and conditions of these third-party application accounts. SHIOKSPA will not make publications in third-party applications where there is the requirement to pay any fees, or user itself restricts the use of such publication.
4.4.3. By granting SHIOKSPA access to third-party accounts, the user acknowledges that: 4.4.3.1. SHIOKSPA may access, deliver and store (if applicable) any content that the user has provided and stored in his third-party account, so that it is available through his account, including and without limitation to any friends lists; and
4.4.3.2. SHIOKSPA may present and receive additional information in its third-party accounts.
4.4.4. The user acknowledges that SHIOKSPA maintains an absolute discretion to reject a user’s registration after the submission of the requested documentation. Reasons for such rejections include, but are not limited to, instances where the documentation is invalid, incomplete or ineffective.
4.4.5. The user account/profile of every user is personal to that user and not transferable. SHIOKSPA reserves the right to delete an account without any justification and prevent further use of the Services by blocking access to the SHIOKSPA Platform and to other users’ profiles. Blocked users are not allowed to create new profiles or accounts. users have no proprietary rights with regard to the user profile or account created on the SHIOKSPA Platform.
4.4.6. Prior to registration SHIOKSPA will request, where applicable:
4.4.6.1. personal and professional documentation from the professional in order to register him/her and may, at any time, request additional documentation that may be necessary; and
4.4.6.2. user documentation, including but not limited to, company registration number, identity card number and proof of address, as well as bank details.
4.4.7. SHIOKSPA reserves the right to use any information reasonably necessary for the verification of the identity of the users in order to optimize the Platform activities, and user consents to such use of such information.
4.4.8. Once registration has been accepted, a username and password will be created and supplied to the user in order to provide access to the Services.
4.4.9. SHIOKSPA will not be liable for any damage that may result in the dissemination of the user’s password to third parties. The user will be entirely and solely held liable for this.
4.4.10. The user authorizes SHIOKSPA to use his personal data in order to enable the contact between the PARTIES.
4.4.11. SHIOKSPA reserves the right to withhold personal information that is necessary for security or the maintenance of SHIOKSPA reputation.
4.4.12. The user acknowledges that any recipient of a user’s personal information may disclose confidential information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
4.4.13. The user agrees that the internet is not 100% safe or free of intrusions, and hereby acknowledges that SHIOKSPA shall not be responsible for information theft through illicit means.
4.4.14. SHIOKSPA reserves the right to disable, temporarily or permanently, the user and/or their advertisements which are untruthful, defamatory, abusive, offensive, critical of SHIOKSPA, or that violate any legal provision in force.
4.4.15. SHIOKSPA may suspend, delete and/or block user registration as a result of complaints, internal assessments or non-payment of the service fee.
4.4.16. The user acknowledges that if their account is blocked, SHIOKSPA, as an intermediary between users, is obliged to notify such blocking to any other user in contact with or requesting contact with the user. Only the status of the account and not the reason behind being blocked will be shared.
4.4.17. SHIOKSPA has an internal policy for the evaluation of its users, with a team focused on complaints from other users and assures the users that, except as requested by law, no personal information will be disclosed from those who complain and, therefore, SHIOKSPA is not obligated to justify to the blocked user about his inactivity when founded on complaint, except as requested by law.
4.4.18. With users who request cancellation of their registration or who were blocked due to violation to these Terms of Service, information relating to their account will be retained and stored by SHIOKSPA in accordance with applicable laws.
4.4.19. The user is granted the right to request, at any time, his account cancellation. To do so, a user must provide SHIOKSPA with a written notification sent via email/Website to [email protected] stating his full name and registration details with a request to cancel his account.
4.5. Customer generated content
4.5.1. The Customer can create (receive) his own account on the Platform through his login data which will give him access to further features, content and special promotions on the Platform. In order to activate the account, the Customer shall choose such option on the Platform either at signing-up or in a later moment and will have click on a link in an e-mail he will receive by the system (opt-in mechanism).
4.5.2. The Customer can, at any time delete his account by sending an e-mail to customer support ([email protected]). SHIOKSPA will make its best effort to deactivate the account in a timely manner.
4.5.3. All content submitted to or uploaded on the Platform by a Customer through his account, including without limitation, personal data, contact details, usernames, pseudonyms, text, comments, reviews, images, and all other information must be true, complete, correct and shall not offend any third party´s right, including the rights of the Partners and shall not in any way be considered against public policy or public morale or the applicable laws in Singapore.
4.5.4. The Customer agrees that SHIOKSPA may, in its sole discretion, amend or delete any content, before or after publication or refuse the publication. In particular the Customer warrants, represents and undertakes to SHIOKSPA that his Customer Generated Content (including its use, publication and/or exploitation by SHIOKSPA) shall not: (i) infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; (ii) contain any material which is defamatory of any person; (iii) contain misleading or deceptive statements or omissions or misrepresentation as to Customer´s identity (for example, by impersonating another person) or his affiliation with any person or entity; (iv) breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; (v) advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) violate any other applicable law, statute, ordinance, rule or regulation.
4.5.5. Should the Customer Generated Content not be compliant with the applicable law or the above set rules, and as a result of this, should SHIOKSPA suffer a loss or damage, the Customer shall be held liable and the Customer agrees to indemnify SHIOKSPA for all such loss or damage.
4.5.6. Should the Customer Generated Content have criminal implications, SHIOKSPA reserve the right to pass it on to the relevant authorities and to disclose the Customer´s identity to any third party (including their professional advisor) who claims that any of the Customer Generated Content constitutes a violation of any of their rights.
4.5.7. Apart from personal data which are protected according to the law and to the Privacy and Cookies Policy, any other customer generated content submitted to the Platform will be considered non-confidential and non-proprietary.
4.5.8. All Customer Generated Content posted on the Platform will be linked to the Customer username provided at the time of registration.
4.5.9. Clients can post, at no cost on the SHIOKSPA Platform, reviews concerning the Beauty/Wellness Services provided by a professional ("Reviews").
4.5.9.1. Reviews must:
a) Be based on concrete facts;
b) Be fair and objective;
c) Not contain any type of content that might be considered as defamatory, offensive, abusive, infringing intellectual property rights or illegal.
4.5.9.2. Reviews that violate the conditions set out in clause 10.1.1 will not be published or will be deleted without prior notice to the user. Reviews are personal opinions of users and do not represent the opinion of SHIOKSPA. SHIOKSPA reserves the right to investigate Reviews and take relevant appropriate measures.
4.5.9.3. By submitting a Review on SHIOKSPA, the user licenses to SHIOKSPA the rights to use this text without any time or geographical limitation. SHIOKSPA reserves the right to edit and publish, or not, the Reviews submitted. In addition, SHIOKSPA can license these Reviews to other parties.
4.5.9.4. Any attempt by a client or professional to provide self-recommendation is prohibited, as is any other attempt to try to distort Reviews for that user’s own gain or that of others.
4.5.10. It is prohibited to put on the SHIOKSPA Platform any type of advertising material regarding Beauty/Wellbeing Services or any other type of service or goods without the written consent of SHIOKSPA.

5. MISCELLANEOUS
5.1. Limitation of liability
5.1.1. In case of death or personal injury caused by negligence, fraud or fraudulent misrepresentation SHIOKSPA will hold no liability in accordance with Terms set forth in this agreement and permissible within the extent of the law.
5.1.2. If you are dissatisfied with the SHIOKSPA Services, or the terms of the Terms, your only remedy under the Terms shall be to discontinue use of the Services. Without limiting this clause 7.1.2. we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
5.1.3. Other than as set out in the two paragraphs immediately above, we shall not be liable in contract, tort (including negligence), for breach of statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms.
5.1.4. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHIOKSPA OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF SALES OR BUSINESS, LOSS OF PROFITS, LOSS OF AGREEMENTS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER ECONOMIC LOSS (EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE), RESULTING FROM:
5.1.4.1. THE USE OR THE INABILITY TO USE THE SERVICES;
5.1.4.2. Professional’s SERVICES FACILITATED BY THE SERVICES PROVIDED BY SHIOKSPA OR ANY INTERACTIONS BETWEEN users, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY user (INCLUDING WITHOUT LIMITATION TO user STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE OR DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY user;
5.1.4.3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
5.1.4.4. ANY UNAUTHORISED ACCESS TO OR ALTERATION OF THE SERVICES OR THE user DATA OR TRANSMISSIONS; OR
5.1.4.5. ANY OTHER MATTER RELATING TO THE SERVICES.
5.1.5. In the event that any limitation or exclusion of liability in the Terms is not enforceable, then SHIOKSPA shall not be liable to a user or partner for more than S$200 in aggregate in respect of matters arising out of any individual contract for professional Beauty/Wellness Services that was facilitated via the SHIOKSPA Platform.
5.1.6. Each of the provisions of this clause 5 shall be construed separately and independently of the others.
5.1.7. This clause shall survive the termination or expiry of these Terms.
5.2. Indemnity
5.2.1. The user agrees to defend, indemnify and hold harmless SHIOKSPA and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to legal fees) arising from or relating to:
5.2.1.1. the user use of and access to the Services;
5.2.1.2. Beauty/Wellness Services facilitated by the Services or any interaction between the user and another user;
5.2.1.3. the user violation of any term of these Terms of Service;
5.2.1.4. the user violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or
5.2.1.5. any third- party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of this Agreement and the use of the Services.
5.2.1.6 SHIOKSPA shall not be liable for any indirect loss. Further SHIOKSPA shall not be liable, whether directly or indirectly, for (i) loss of actual or anticipated profits; (ii) loss of goodwill; or (iii) loss of data and/or/the costs of restoration of data.
5.3. Intellectual Property
5.3.1. Subject to these Terms and solely for the purposes of receiving the SHIOKSPA Services, SHIOKSPA hereby grants each user a limited, revocable, non-exclusive, non-transferable license to display the logos, trademarks or other intellectual property of SHIOKSPA solely for personal, non-commercial use in connection with the use of the Services, promotion of Beauty/Wellness Services offered via the SHIOKSPA Platform or other uses expressly permitted by SHIOKSPA in writing. Notwithstanding such permitted uses and license, the user acknowledges that all derivative designs and artwork, which use the Company’s logo or any other Company Intellectual Property Rights, are the sole property of SHIOKSPA. No other rights are granted to users with respect to the Company’s Intellectual Property Rights other than those rights granted explicitly in these Terms, including with respect to any derivative works.
5.3.2. users are clearly prohibited from, distributing, modifying, and exhibiting any work derived by any form from the use of the content of this Platform or by the materials conveyed on it.
5.3.3. We are constantly working on ways of improving SHIOKSPA. We cannot do so efficiently if we have to avoid ground covered by user contributions; it may be that we are already working on an area for improvement or development suggested by a user. By submitting ideas, suggestions, documents, and/or proposals (referred to here as “Feedback”) to SHIOKSPA, you agree that it does not contain confidential information or intellectual property rights and that SHIOKSPA is not under any obligation of confidentiality, express or implied, with respect to the Feedback. SHIOKSPA shall be entitled to use or disclose such Feedback in any part of the world for any purpose, in any way, in any media. You agree that you are not entitled to any compensation or payment of any kind from SHIOKSPA under any circumstances in respect of any Feedback.
5.3.4. It is forbidden to use any automated system or software to extract, scrape, spider, resell, copy, reproduce or modify any data from the SHIOKSPA Platform without the express consent of SHIOKSPA seen that such practices do not find legal support in the current legislation.
5.3.5. You also hereby grant SHIOKSPA a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such user content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such content on the SHIOKSPA Platform and will terminate at the time such Content is removed from the Services by you or by SHIOKSPA.
5.4. Disclaimer
5.4.1. Nothing in the Terms of Use shall exclude or in any way limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
5.4.2. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate partners, licensees, agents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Services as made available on our website, (iii) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (iv) any (personal) injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider.
5.5. Applicable law and Jurisdiction
5.5.1. By choosing to use the SHIOKSPA Platform, users acknowledge that the Terms shall be subject to the laws of Singapore and the parties shall submit to the exclusive jurisdiction of the Singaporean courts.
5.5.2. We will make reasonable efforts to keep the SHIOKSPA Services available at all times, except for:
5.5.2.1. planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or
5.5.2.2. any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays.
5.5.3. We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. The user acknowledges that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and SHIOKSPA shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. SHIOKSPA has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services. Access to our Services is permitted on a temporary basis.
5.5.4. SHIOKSPA is not responsible for the quality of the internet connection required to have the Services working on a smartphone, computer, tablet or other electronic device.
5.5.5. SHIOKSPA is not responsible for any user content and whilst SHIOKSPA will use all reasonable methods to remove inappropriate content in a reasonable time frame SHIOKSPA is not responsible for any delay in doing so.
5.5.6. Whilst SHIOKSPA will take all the appropriate technical and organizational measures to prevent against unauthorized or unlawful processing of personal data and against accidental loss, destruction of or damage to personal data, we cannot warrant that the Services will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code.
5.5.6.1. Additionally, SHIOKSPA will not be held liable for any harm that might stem from the violation of these measures by third parties that use public networks or the internet, circumventing mechanisms to restrict access to user information. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
5.5.7. Concerning the security and privacy of data registered on the Services, SHIOKSPA states that the password and all the data that the users enter on the Platform are fully protected by encryption technology. Nevertheless, SHIOKSPA recommends that the User never disclose their SHIOKSPA Platform password to anyone. The user is fully responsible for the confidentiality and use of their password and identity.
5.5.8. SHIOKSPA will not be liable for any damage or loss of user equipment caused by failures in the SHIOKSPA Platform or its suppliers’ systems, server or caused by third party conduct.

6. CHANGES TO OUR TERMS
6.1. SHIOKSPA reserves the right to make changes to this Terms. Any changes to T&C will be posted on the Platform. We recommend you check this T&C Policy from time to time for the current version of SHIOKSPA’s Terms of Use Policy.

7. CONTACT
7.1. All comments, questions, complaints and/or requests relating to the SHIOKSPA Services, SHIOKSPA Website and/or this T&C’s are welcome and should be addressed to SHIOKSPA. You can also contact us using the "Contact Us" page.