TERMS OF USE

Fettle™️ (“Fettle™️”, ”we”, “us” or “our”) is a company which provides an online platform for you (“you”, “your”, “yours”, “Customer” or “User”) to book and buy services provided by “Merchant Partners” which utilize Fettle™️'s platform and cloud-based Software-as-a-Service (“SaaS”) solutions.

 

The services published and/or sold by the Merchant Partners in any of the Fettle™️ Channels are not in any way provided by Fettle™️. There is also no agency relationship between Fettle™️ and the Merchant Partners. Merchant Partners are solely responsible in rendering their service/s to their respective Customers. When the Merchant Partner renders its service/s, Fettle™️ does not have a contractual relationship with the Customers of such Merchant Partner. Fettle™️ is not responsible for the acts and/or omissions of any Merchant Partner, and any liability in relation to such service/s shall be borne by the Merchant Partner concerned. The Merchant Partner shall be fully responsible for any and all illness, injury, death, claims, damages, liabilities and costs suffered by the Customer, as the case may be, caused in whole or in part by the Merchant Partner or its service/s. Fettle™️ makes no representation or warranties whatsoever about any Merchant Partner content or service.

 

You use Fettle™️ Services by registering to Fettle™️, by transacting with Fettle™️, or by using any of Fettle™️’s publicly accessible websites, mobile applications, integrated channels that are created, developed and made available by Fettle™️ (collectively referred to as “Fettle™️ Channels”). By using Fettle™️ Services, you are agreeing to be bound by these terms (“Terms of Use”) and Fettle™️’s Privacy Notice as well as to any and all amendments thereto. If you do not understand or do not agree to these Terms of Use or Fettle™️’s Privacy Notice, you must not use any of the Fettle™️ Services.

 

Fettle™️ reserves the right to revise and amend these Terms of Use at any time without any advance notice. Any changes to these Terms of Use will be effective immediately. We strongly advise that you regularly check these Terms of Use published on our official website for any changes that may affect you. By continued use of Fettle™️ Services, it is understood that you have read, agreed and accepted all these Terms of Use and changes therein and Fettle™️’s Privacy Notice.

 

1.  DEFINITIONS

 

a. “Action” refers to acts done(confirm/cancel/reschedule) by the Merchant Partner in response to the Booking Requests placed by Customers.

 

b. “Affiliates” means in relation to Fettle™️ any entity that from time to time directly or indirectly controls, is controlled by, or is under common control with Fettle™️.

 

c. “Booking Request” is a request for an appointment/booking with a Merchant Partner placed by Customers.

 

d. “Customer” refers to any person who is seeking or may seek beauty and/or wellness services through the Fettle™️ Channels, and/or who transacts with any of the Merchant Partners.

 

e. “DPA” refers to Philippine Data Privacy Act of 2012.

 

f. “DPAIRR” refers to the implementing rules and regulations of the Philippine Data Privacy Act of 2012.

 

g. “E-Vouchers” are electronic vouchers sold by the Merchant Partner and automatically generated by Fettle™️ that can be purchased and redeemed by Customers or their respective recipients (“Redeemer”).

 

h. “Login Credentials” is a set of information, which comprise of email address and unique password set by the Customer.  

 

i. “Merchant Partner” refers to a business or seller which agreed to the Fettle™️ Merchant Terms and Conditions and is successfully onboarded to be a Fettle™️ Merchant Partner.  

 

j. “Merchant Partner Hub” is the interface assigned to the Merchant Partner that can be accessed by its Authorized Administrator/s to use Fettle™️ Merchant Services.

 

k. “Merchant Partner Fettle™️ Page” is the publicly accessible profile of the Merchant Partner consisting of different information such as, but not limited to, overview, branches, operating hours, contact information, photos, promos, and Service Menu.

 

l. “National Privacy Commission” refers to Philippine government’s arm to ensure compliance of the country with international standards set for data protection.

 

m. “Official Website” refers to www.myfettle.life.

 

n. “Fettle™️ Channels” collectively refers to publicly accessible websites, mobile applications, integrated channels that are created, developed and made available by Fettle™️.

 

o. “Fettle™️ Registered Users” refers to Users who have successfully registered for a Fettle™️ account using any of the Fettle™️ Channels.

 

p. “Service Menu” refers to the collection of services of the Merchant Partner with its corresponding details like name, price, and description.

 

q. “SaaS” stands for Software-as-a-Service.

 

 

2.  MERCHANT PARTNER CONTENT AND SERVICES

 

a. Fettle™️ Channels display content and services provided by the Merchant Partners. You acknowledge and agree that Fettle™️ is not responsible or liable for the availability or accuracy, appropriateness, completeness or non-infringement of content provided by the Merchant Partners.

 

b. The products and/or services published and/or sold by the Merchant Partners in any of the Fettle™️ Channels are not in any way provided by Fettle™️. There is also no agency relationship between Fettle™️ and the Merchant Partners.

 

c. Merchant Partners are solely responsible in rendering their service/s to their Customers. When the Merchant Partner renders its service/s, Fettle™️ does not have a contractual relationship with the Customers of such Merchant Partner. Fettle™️ is not responsible for the acts and/or omissions of any Merchant Partner, and any liability in relation to such service/s shall be borne by the Merchant Partner concerned.

 

d. The Merchant Partner shall be fully responsible for any and all illness, injury, death, claims, damages, liabilities and costs suffered by the Customer, as the case may be, caused in whole or in part by the Merchant Partner or its service/s.

 

e. Fettle™️ makes no representation or warranties whatsoever about any Merchant Partner content or service.

 

 

3.  ELIGIBILITY OF USE

 

a. Fettle™️ Services are not intended for the use of minors, specifically individuals below eighteen (18) years old (“minor”). If we become aware that a minor has provided us with his or her Personal Information, we will take reasonable steps to delete such Personal Information.

 

b. Fettle™️ Services are not available to Users with Fettle™️ accounts that are restricted, suspended, or terminated by Fettle™️.

 

 

4. FETTLE™️ REGISTERED USER

 

a. You are required to register for a Fettle™️ account to use some features of Fettle™️ or access portions of the Fettle™️ Channels.

 

b. When you register for a Fettle™️ account, you are required to provide your personal information including a valid email address and a unique password that will serve as your Login Credentials.

 

c. Depending on which of the Fettle™️ Services you use, we require you to submit different types of information. We will not require the collection of “Sensitive Personal Information,” such as ethnicity, race, marital status, color, political affiliations, or religious affiliations, or unless you disclose the same to us, or it is required by law.

 

d. You undertake and warrant that all information that you provide about yourself are true, accurate, current, and complete. You undertake and warrant that you will update your information as and when necessary, in order to keep it accurate.

 

e. If any information is found to be untrue, inaccurate, not current, or incomplete, Fettle™️ reserves the right to suspend or terminate your usage of Fettle™️ Services. 

 

f. You are responsible in safeguarding and keeping your Login Credentials confidential and safely stored. You are prohibited from disclosing your Login Credentials to any person. You are solely responsible for all activities and transactions that occur under your account. You shall immediately notify Fettle™️ of any suspected security breach, improper use, or unauthorized disclosure of your Login Credentials.

 

 

5.  BOOKING

 

a. Fettle™️ does not guarantee the details, prices or the availability of the products and/or services displayed on any page and/or platform of Fettle™️.

 

b. The Merchant Partner is solely responsible in ensuring that Purchase / Booking Requests are acted upon. The Merchant Partner may confirm/cancel/reschedule (“Action”) the Purchase / Booking Request.

 

c. By placing a Purchase / Booking Request, you agree to receive all notifications via email and/or SMS that are relevant to the Purchase / Booking Request. Both the Merchant Partner and Customer shall receive notifications via email and/or SMS when a Purchase / Booking Request is placed and when every time an Action was done by the Merchant Partner or the Customer. Fettle™️ shall not be held liable in the event a notification is not sent to or received by the Merchant Partner or Customer.

 

d. The Merchant Partner is fully responsible for handling the confirming, rescheduling, or cancellation of all Purchase / Booking Requests. The Merchant Partner shall do the necessary counterchecking and verification whether the Purchase / Booking Request and the modifications thereto can be accommodated. Please note that your Purchase / Booking may be subject to additional terms and conditions provided by the Merchant Partner.

 

e. The Merchant Partner may directly coordinate with Customer in counterchecking and verifying the Purchase / Booking Request. Fettle™️ does not in any way represent the decisions and actions of either the Customer or the Merchant Partner. Fettle™️ is neither responsible nor liable for no-shows, non-appearance, non-payment, or any other action of the Customer.

 

f. When the Merchant Partner renders its service/s, Fettle™️ does not have a contractual relationship with the Customers of such Merchant Partner.

 

 

6.  ONLINE PAYMENTS

 

a. You transact online payments when you use selected Fettle™️ Services such as, but not limited to, the purchase of E-Vouchers, purchase of Fettle™️ Gift Codes, use Fettle™️ Pay, Subscription to different Fettle™️ membership programs.

 

b. All published prices shall be indicated in Philippine Peso (“PHP”) on all Fettle™️ Channels, and all purchases made on any of the Fettle™️ Channels shall likewise be charged in PHP.

 

c. We accept online payments via our payment gateway service provider, PayPal. We request credit/debit card, e-wallet, or other alternative payment method information (“Payment Information”). We do not store or maintain Payment Information. Payment Information are stored and maintained by PayPal.

 

 

7.  ELECTRONIC VOUCHER (“E-VOUCHER”)

 

a. You may purchase E-Vouchers offered by the Merchant Partners through the Fettle™️ Channels. An E-Voucher represents deal/s, product/s or service/s of the Merchant Partner indicated on the E-Voucher.

 

b. An E-Voucher may only be redeemed by the person whose name appears on the E-Voucher (“Redeemer”).

 

c. When purchasing an E-Voucher for someone else, you will be asked to provide us with Redeemer’s Personal Information. You undertake and warrant that Redeemer is not a minor. By providing Redeemer’s Personal Information, you represent and warrant that you have obtained Redeemer’s consent for Redeemer’s Personal Information to be collected, used, and disclosed as set out in Fettle™️’s Privacy Notice.

 

d. An E-Voucher has additional terms and conditions provided by the Merchant Partner and are indicated on the E-Voucher (“Additional Terms”). By purchasing an E-Voucher, you are agreeing to be bound by these Terms of Use, Fettle™️’s Privacy Notice, and Additional Terms indicated therein. In case you purchase an E-Voucher for someone else, Redeemer must comply with these Terms of Use, Fettle™️’s Privacy Notice, and Additional Terms in order to redeem the E-Voucher.

 

e. To purchase an E-Voucher, as needed and/or required, you must select the E-Voucher you wish to buy, select the branch of the Merchant Partner where you wish the E-Voucher to be redeemed, complete the transaction by filling all the required fields, and pay the total amount. You must either sign in and/or register as a Fettle™️ Registered User or buy as guest.

 

f. After successful purchase, E-Voucher will be generated and sent to the entered email address. You are responsible in entering a valid email address which can properly receive the E-Voucher. Selected information submitted are final and cannot be changed after successful purchase.

 

g. All E-Voucher purchases are final. E-Vouchers are strictly non-refundable, non-transferable, and cannot be converted to cash.

 

h. An E-Voucher can only be redeemed within the Validity Period indicated on the E-Voucher.

 

i. The respective Official Receipt of the E-Voucher shall be issued by the Merchant Partner concerned to the Redeemer.

 

j. Promo/Discount/Gift Codes

 

i. From time to time, Fettle™️ may run marketing and promotional campaigns which offer promo/discount codes (“Promo Codes”) to be used on selected Fettle™️ Channels. Promo Codes are subject to validity periods and rules, such as but not limited to, maximum usage, Merchant Partner restrictions, and minimum spend. Additional terms and conditions may apply to the application of Promo Codes.

 

ii. Fettle™️ reserves the right to void, discontinue or reject the use of any Promo Code without prior notice.

 

 

8.  FETTLE™️ GIFT CODE

 

a. Fettle™️ Gift Code is a unique code that gives a fixed value discount off a Fettle™️ Deal when used on selected Fettle™️ Channels. You can purchase Fettle™️ Gift Code/s for you or your Giftee via selected Fettle™️ Channels.  

 

b. To purchase a Fettle™️ Gift Code, you must select the denomination you wish to buy, indicate quantity, enter giftee details, complete the transaction by filling all the required fields, and pay the total amount.

 

c. When purchasing a Fettle™️ Gift code for someone else, you will be asked to provide us with Giftee’s Personal Information. You undertake and warrant that Giftee is not a minor. By providing Giftee’s Personal Information, you represent and warrant that you have obtained Giftee’s consent for Giftee’s Personal Information to be collected, used, and disclosed as set out in Fettle™️’s Privacy Notice.

 

d. After successful purchase, Fettle™️ Gift Code will be generated and sent to the entered email address of the Giftee. You are responsible in entering a valid email address which can properly receive the Fettle™️ Gift Code.

 

e. All Fettle™️ Gift Code purchases are final. Fettle™️ Gift Codes are strictly non-refundable, non-transferable, and cannot be converted to cash.

 

f. Total value of Fettle™️ Gift Codes shall not be subjected to VAT and Withholding tax (WHT). The Fettle™️ Gift Codes are merely discount codes and do not constitute revenue for the company.

 

 

9.  DATA CONTROL AND PROCESSING

 

a. For the purposes of this clause, “Personal Information”, “Personal Information Controller”, “Personal Information Processor” shall be defined and interpreted in accordance with the Philippine Data Privacy Act of 2012 (“DPA”) and its implementing rules and regulations (“DPA IRR”).

 

b. For the purposes of adhering to privacy principles and compliance with the DPA and DPAIRR, Fettle™️ and the Merchant Partner each acknowledge that Fettle™️ and the Merchant Partner are responsible for its own compliance with the DPA and DPAIRR, and other laws which may be applicable.

 

c. You agree and consent to Fettle™️ and any of its affiliates collecting, using, processing and disclosing your Personal Information in accordance with these Terms of Use and as further described in Fettle™️’s Privacy Notice. Fettle™️’s Privacy Notice is available via www.myfettle.life and shall form part of these Terms of Use.

 

 

10.  SERVICES AVAILABILITY

 

a. “Fettle™️ Channels” collectively refers to publicly accessible websites, mobile applications, integrated channels that are created, developed and made available by Fettle™️.

 

b. To use the Fettle™️ Services, you must use a smartphone, tablet, computer or other electronic device (“Device”). Using a Device, you access Fettle™️ Channels.

 

c. Fettle™️ does not guarantee that Fettle™️ Channels will work properly in all Devices.

 

d. Internet connection is required for Fettle™️ Channels to work on Device. Fettle™️ is not responsible for the quality and security of such internet connection.

 

e. Fettle™️ has no obligation to maintain or update Fettle™️ Services or to continue producing or releasing new versions and features of Fettle™️ Services.

 

f. Fettle™️ may change, modify, suspend, or discontinue all or any part of Fettle™️ Services at any time, with or without reason.

 

g. Fettle™️ shall make reasonable efforts to keep all Fettle™️ Services available at all times, except for:

 

i. scheduled downtime; and

 

ii. any unavailability caused by fortuitous events or circumstances beyond Fettle™️’s control, including but not limited to, acts of God, acts of government, earthquake, typhoon, flood, fire, civil disturbance, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or other unforeseen event of which the happening and consequences cannot be prevented or avoided.

 

h. You acknowledge that Fettle™️ Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Fettle™️ shall not be responsible to the Merchant Partner or others for any such interruptions, errors, or problems or an outright discontinuance of Fettle™️ Services.

 

i. Fettle™️ will take reasonable physical, 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. However, Fettle™️ cannot warrant that Fettle™️ Services will be free of viruses or other malicious code and Fettle™️ shall have no liability for any loss or damage caused from the transmission of such code.

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11.  PROHIBITED USE AND ACTIONS

 

a. You agree not to place bogus and/or fraudulent booking requests.

 

b. When registering for a Fettle™️ Account and/or using Fettle™️ Services, you agree not to impersonate someone or input fictitious personal information.

 

c. You agree not to provide or publish or submit any inaccurate, incomplete, misleading, false, or outdated information.

 

d. You agree not to share with a third-party your Login Credentials.

 

e. You agree not to use the Fettle™️ Services for any unlawful purpose or illegal activity. You must obey all laws, rules and regulations applicable to your use of Fettle™️ Services.

 

f. You agree not to violate or attempt to violate the security or compromise the system integrity of any part of the Fettle™️ Channels, Merchant Partner Hub, or Fettle™️ Services.

 

g. You agree not to reverse engineer or decompile any part of the Fettle™️ Channels, Merchant Partner Hub, or Fettle™️ Services;

 

h. You agree not to use any automated system or tools to extract, scrape, spider, resell, copy, reproduce or modify any data from the Fettle™️ Channels, Merchant Partner Hub, or Fettle™️ Services.

 

i. You agree not to aggregate, copy, reproduce, or duplicate in any matter any content or information, other than as permitted by Fettle™️.

 

j. You agree not to misuse the Fettle™️ Services which may impair the functionality of the Fettle™️ Channels and the Merchant Partner Hub or impair the ability of any Customers or other Merchant Partners to use Fettle™️ Services;

 

 

12.  TERMINATION

 

a. Fettle™️ has the right to terminate, suspend or delete your account and access to Fettle™️ Channels, for any reason, including, without limitation, if Fettle™️, in its sole discretion, considers your use to be unacceptable or abusive, or in the event of any breach by you of these Terms of Use.

 

b. Fettle™️ shall have no obligation to provide you a notice to termination of your use of the Fettle™️ Services.

 

 

13.  COMMUNICATION AND NOTICE

 

a. Fettle™️ will communicate with you primarily by email. When you use any of the Fettle™️ Services, you consent to receive electronically in all forms (e.g. SMS, email) any communications related to Fettle™️. We may send you newsletters, alerts, updates, greetings, notifications, invitations, and promotional materials.

 

b. Each notice, demand or other communication which is required to be served by in writing to you shall be sufficiently served and deemed delivered if sent to the email address you provide in any of the Fettle™️ Channels.

 

 

14.  INTELLECTUAL PROPERTY

 

a. All software designs, source codes, trademarks, logos, images, and service marks, as displayed on any of the Fettle™️ Channels or in our marketing material are intellectual property of Fettle™️, Merchant Partners, and/or third-party who have authorized us to use their trademarks, logos, images, and service marks (collectively the “Intellectual Property”).

 

b. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Intellectual Property in any way without our prior express written consent. The use of the Intellectual Property on any other website not approved by us is strictly prohibited.

 

 

15.  DISCLAIMER OF WARRANTY

 

a. You acknowledge and agree that the use of Fettle™️ Services and any service you booked/purchased through the Fettle™️ Services are at your sole risk and discretion. The Fettle™️ Services are provided on an “as is” and “as available” basis.

 

b. To the fullest extent permitted by applicable law, Fettle™️ does not make any kind of express or implied warranties.

 

c. You acknowledge and agree that Fettle™️ Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Fettle™️ shall not be responsible to the you or others for any such interruptions.

 

d. Fettle™️ will take reasonable physical, 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. However, Fettle™️ cannot warrant that Fettle™️ Services will be free of viruses, other malicious code, or other harmful components and Fettle™️ shall have no liability for any loss or damage caused from the transmission of such code.

 

 

16.  LIMITATION OF LIABILITY

 

a. In the event of any action that you may file against Fettle™️, you agree that Fettle™️’s liability to you for direct damages for any claim related to any of the foregoing shall in no event exceed the amount which you have paid to Fettle™️ in conjunction with the Fettle™️ Service under which such claim first arose.

 

b. Under no circumstances shall Fettle™️ be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Fettle™️ Services or your Fettle™️ accounts.

 

 

17.  INDEMNIFICATION

 

You agree to indemnify, defend and hold Fettle™️, its affiliates, officers, directors, representatives, employees, agents, suppliers, and the like free and harmless from and against all claims, actions, suits or other proceedings, and any and all losses, judgments, damages, expenses or other costs (including reasonable counsel fees and disbursements), arising from or in any way relating to:

 

1. Your use of any of the Fettle™️ Services;

2. Your access to any of the portion of any Fettle™️ Channels;

3. Any E-Vouchers you purchased from any Fettle™️ Channel;

4. Your violation of any of these Terms of Use or Fettle™️’s Privacy Policy;

5. Your violation of any third-party right, including without limitation any right of privacy or intellectual property right;

6. Any actual or alleged violation, fraud, intentional misconduct, or gross negligence that you commit;

 

 

18.  SEVERABILITY

 

a. These Terms of Use shall constitute the entire agreement between you and Fettle™️ concerning your use of Fettle™️ Services.

 

b. In case one or more of these Terms of Use shall be declared void, invalid, illegal, or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining Terms of Use shall not in any way be affected or impaired thereby.

 

 

19.  NON-WAIVER OF RIGHTS

 

Any failure, omission, or delay on the part of Fettle™️ to exercise any right or remedy under these Terms of Use shall not operate or be constructed as a waiver thereof.

 

 

20.  GOVERNING LAW, EXCLUSIVE JURISDICTION, AND DISPUTE RESOLUTION

 

a. These Terms of Use and any disputes hereunder shall be governed by and construed in accordance with the laws of the Philippines.

 

b. The Parties shall first discuss and attempt to resolve amicably any dispute arising out of or in relation to this Terms of Use.

 

c. Any such dispute not resolved amicably shall be subject to the exclusive jurisdiction of the courts of Metro Manila, Philippines, to the exclusion of all other courts.

 

 

21.  FEEDBACK ON THESE TERMS OF USE AND CONTACTING US

 

If you wish to contact us regarding any questions or comments you may have, please send an email to hello@fettle.life.

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