Rules

This English translation is provided for convenience only. In the event of any discrepancy, the Russian version prevails.

This Public Agreement constitutes a public Offer of KYOTO SPA (KIOTO SPA) LLP, BIN - 230640001066, hereinafter referred to as the "Contractor", and invites individuals, sole proprietors or legal entities, hereinafter referred to as the User/Customer, and jointly referred to as the "Parties", to enter into this Offer Agreement (hereinafter - the Agreement) for the provision by the Contractor to the User/Customer of services for consideration in accordance with the procedures and on the terms set out in this Agreement.

Pursuant to Articles 395, 396 and 397 of the Civil Code of Kazakhstan (hereinafter - the Civil Code of Kazakhstan), upon acceptance of the terms set out below and payment for the services, the person accepting this offer becomes the User/Customer. A proposal which contains all the essential terms of a contract and from which the intention of the person making the proposal to enter into a contract on the terms specified therein with anyone who responds is apparent shall be deemed an offer.

In view of the above, please read the text of this public offer carefully. The signing by the User/Customer of Annex No. 1 to this agreement for the provision of services by the Contractor, which contains a description of the service system purchased, together with payment by the User/Customer for the Contractor’s services made by any available means, confirms the fact of acceptance, that is, the consent of the User/Customer to this Offer on the following terms:

1. Definitions and terms

For the purposes of this offer, the terms set out below are used with the following meanings:

Offer - this offer agreement for the provision of services, published on the Internet at https://kyoto-spa.kz/pravila-poseshcheniya/;

Acceptance of the Offer - the full and unconditional acceptance of the Offer by making payment for the selected services and signing Annex No. 1. Acceptance of the Offer creates the Agreement.

Agreement - the agreement between the Customer and the Contractor for the provision of massage and spa treatment services under the "Pass" and/or "Deposit" system at the Kyoto SPA Houses located at: Aktobe, 12th microdistrict, 21L; Atyrau, 44a Admiral Lev Vladimirsky Street; Karaganda, 19 Nurken Abdirov Avenue, which is concluded by way of Acceptance of the Offer.

User/Customer - a legal entity, sole proprietor or individual who has performed the Acceptance of the Offer and who is the consumer of the services specified in Annex No. 1 to the concluded Agreement.

Contractor - KYOTO SPA (KIOTO SPA) LLP, BIN - 230640001066.

Parties - the Contractor and the User/Customer, referred to jointly.

Annex No. 1 - the document signed in person by the User/Customer upon payment for and purchase of the services directly at the place where the services are provided. The cost of the services is stated on the website https://kyoto-spa.kz/tseny/ and in the salon’s official Instagram account; it is fixed for the User/Customer and may be changed by agreement of the Parties.

"Pass for a massage/session/treatment" - a package consisting of the number of specific services selected by the User from those listed in the Contractor’s price list. It entitles the Customer to receive the corresponding massage and spa treatment services in an unlimited number, but no more than 1 (one) per day, during the selected period.

"Deposit" - a sum of money paid by the Customer into the Contractor’s cash desk or bank account, which confers the right to receive various massage and spa treatment services up to the amount paid. The list of services available to the User under the Deposit system is set out on the website https://kyoto-spa.kz/spa-ritualy/ and in the salon’s official Instagram account. The cost of the services depends on the type of deposit selected and corresponds to the amount of funds paid by the Customer.

2. Subject of the agreement

2.1. The Contractor provides the User with massage and spa treatment services under the "Pass" and/or "Deposit" system.

2.2. The "Pass" and "Deposit" service systems are discount systems and grant the User the right to use the Contractor’s services with discounts applied compared with single visits.

2.3. The cost and composition of the services for the User under the system selected are stated on the website https://kyoto-spa.kz/tseny/ and in the salon’s official Instagram account.

3. Rules for using the services

3.1. Services are provided by prior appointment, made by telephone or through social media. The User is entitled to receive services without a prior appointment if a free slot is available at the time of the request. Appointments are made: by telephone at the salon (Aktobe +7 708 842 31 01, Atyrau +7 700 636 02 04, Karaganda +7 747 362 65 40), on WhatsApp, on the salon’s Instagram (@kyoto_spa_aktobe, @kyoto_spa_atyrau, @kyoto_spa_krg) and through the website https://kyoto-spa.kz.

3.2. If the User is more than 5 minutes late for a session paid for on a one-off basis, with a Pass or with a Deposit, the duration of the service is reduced by the length of the delay. The Parties have agreed that the cost of the service does not change in the event of lateness, regardless of the duration of the session.

3.3. The User must give notice of cancellation of a visit at least 24 hours before the treatment is due to begin. If the User gives notice of cancellation less than 24 hours before the time of the service, or fails to attend, the service is deemed to have been provided and paid for, and the Contractor is entitled to deduct 1 day of use of the pass.

3.4. The Contractor’s working hours are Monday to Sunday, from 10:00 to 22:00 local time.

3.5. A visit may be cancelled by any of the means specified in clause 3.1.

3.6. The Pass is valid only for classic, relaxing, sports, body-contouring and lymphatic drainage massage services. The Deposit is valid for all services agreed in advance.

3.7. The "Unlimited Pass" is valid for 30, 90, 180 or 365 calendar days from the moment of purchase, unless the parties agree otherwise. Passes with a duration of 90 days may be "frozen", i.e. their validity suspended, for 14 calendar days at the User’s prior request; passes with a duration of 180 and 365 days - for 30 calendar days. A pass may be suspended on 1 (one) occasion during its period of validity. If the User has suspended the pass for a period of less than 14 calendar days, the remaining days may not be used to freeze the Pass during its period of validity or upon the purchase of the next one. Passes with a duration of 30 days may not be suspended.

3.8. The "Deposit" is valid for 180 calendar days from the moment of purchase.

3.9. If the Pass or the Deposit is not used in full within the specified period, the unused portion of the funds is not refunded. After the expiry of the period of validity, the Pass and the Deposit may be extended by agreement of the Parties.

3.10. A Pass or a Deposit may be used either by the Customer personally or by another person to whom the User has transferred the Pass or the Deposit. The receipt of services by several persons under a single Pass or Deposit is not permitted.

3.11 Before receiving services, the Customer must inform a member of staff of the Kyoto SPA House of their individual characteristics (medical contraindications, features of physical development and personality, changes in state of health, etc.) and sign the Annex to this offer, which lists the contraindications.

3.12. The User pays for the right to require the Contractor to provide the list of services covered by the Pass or the Deposit. If the User to whom services are to be provided under the Pass or the Deposit has not requested the corresponding performance from the Contractor, the services are deemed to have been provided in due quality and volume (i.e. irrespective of whether the User actually visited the Kyoto SPA House within the stated period of validity of the Pass or the Deposit).

4. Rights and obligations

4.1. Obligations of the Contractor:

4.1.1. During the term of this agreement, the Contractor undertakes to provide the User of the Pass and/or the Deposit with services under this agreement in accordance with the applicable legislation and with the conditions of their provision corresponding to the type of Pass and/or Deposit.

4.1.2. To maintain the confidentiality of the Customer’s/User’s information received from them upon registration or during the provision of the service, except in the cases provided for by the applicable legislation of Kazakhstan.

4.1.3. To provide services of good quality. To take timely measures to prevent and remedy any failure in the quality of the services provided. To inform the User in good time of changes in the range of services provided under this agreement and in the conditions of their provision.

4.1.4. To keep the equipment in working order. 4.1.5. To ensure disinfection of the equipment used to provide the services, cleanliness of the premises and the safety of the User when visiting the Kyoto SPA House.

4.2. The Contractor has the right:

4.2.1. To terminate this agreement unilaterally at any time in the event of non-payment by the Customer and/or failure by the Customer/User to attend services booked in advance more than 3 (three) times within 30 (thirty) days, without refund of the amounts paid.

4.2.2. To provide core and additional services with the involvement of third-party specialists.

4.3. Rights and obligations of the Customer/User of the Pass/Deposit.

4.3.1. Obligations of the User of the Pass/Deposit:

4.3.2. To visit the studios of the Kyoto SPA House on the terms established for the type of Pass/Deposit purchased.

4.3.3. The User of the Pass must observe and maintain public order and generally accepted standards of behaviour, behave respectfully towards other visitors and members of staff, and refrain from any actions that create a danger to those around them

4.3.4. To comply with the rules for using the Contractor’s services when visiting a studio of the Kyoto SPA House. The User must read the above rules carefully. The purchase of a Pass/Deposit constitutes confirmation that the Customer has read the rules, fully agrees with them and undertakes to comply with them, bearing the risk of adverse consequences in the event of their breach.

4.3.5. Upon entering into this agreement, the Customer/User of the Pass/Deposit confirms that they have no medical contraindications to receiving the services provided by the Contractor and assumes full responsibility for their state of health.

4.3.6. To monitor their own health independently and responsibly. In the event of chronic, infectious or skin diseases, or diseases of the internal organs, to refrain from using the Contractor’s services.

4.3.7. If the Customer shows signs of an acute or chronic infectious and/or skin disease, visiting a studio of the Kyoto SPA House is not permitted. In the event of failure to comply with this rule, the Contractor is entitled to suspend the Customer/User of the Pass/Deposit temporarily from receiving the Contractor’s services until full, confirmed recovery.

4.3.8. When visiting a studio of the Kyoto SPA House, the Customer/User of the Pass/Deposit must take care of their personal belongings, must not leave them unattended and must not entrust them to other persons.

4.3.9. The User of the Pass/Deposit must inform the persons using the Pass/Deposit together with them that the rights and obligations under this Agreement apply to them.

4.4. The User of the Pass/Deposit has the right:

4.4.1. To require the Contractor to provide the Services in accordance with the terms of this agreement.

4.4.2. To receive the necessary and accurate information about the Contractor’s operations and the services it provides.

4.4.3. To require the provision of services of good quality.

4.4.4. The User of the Pass/Deposit is entitled to send the Contractor their opinions, suggestions and recommendations on each type of service under this Agreement.

4.4.5. To book services under Passes/Deposits no more than 3 visits in advance.

5. Cost of the services and payment procedure under the agreement

5.1. The User pays 100% of the cost of the selected Pass/Deposit into the Contractor’s cash desk, in cash or by cashless payment.

5.2. Should the User of the Pass/Deposit withdraw from the Contractor’s services in accordance with the Law of the Republic of Kazakhstan "On Protection of Consumer Rights", the refund is made less the value of the services actually received by the Customer, calculated at the prices stated in the Contractor’s standard price list, without taking into account the discount granted under the terms of the Pass/Deposit.

5.3. In order to obtain a refund, the User may submit an application in free written form on working days, Mon. - Fri., from 10.00 to 17.00. The refund is made to the User within 20 working days.

5.4. After the expiry of the period of validity of the Pass/Deposit, if the Pass/Deposit has not been used by the User, the funds paid as prepayment for the provision of the services are not refunded.

6. Liability of the parties

6.1. The Contractor is not liable for harm caused to the life and health of the Customer/User of the Pass/Deposit where that person has improperly performed their obligations under this agreement or has breached the visiting rules or the requirements of the staff of the Kyoto SPA House studio.

6.2. The User assumes full responsibility for the state of health of the Users of the Pass/Deposit whose interests the Customer represents under this agreement. The Contractor is not liable for harm connected with any deterioration in the health of any User of the Pass/Deposit whose interests the Customer represents under this agreement, or for injuries arising out of or resulting from any actions of the User of the Pass/Deposit, except in cases where the harm is caused directly by unlawful actions of the Contractor.

6.3. The Contractor is not liable for items lost or left unattended by the Customer/User.

6.4. In the event of improper performance of the Agreement by one of the parties resulting in adverse consequences for the other party, liability arises in accordance with the applicable legislation of Kazakhstan.

7. Miscellaneous provisions

7.1. The Parties are released from liability for the partial or complete failure to perform their obligations under this agreement if such failure is the result of force majeure circumstances arising after the conclusion of this agreement as a result of extraordinary events, such as: flood, fire, earthquake and other natural phenomena, as well as war, military action, blockade, epidemics, prohibitive measures of the authorities and acts of state bodies, destruction of communications and power supply, and explosions occurring during the term of this agreement, which the parties could not have foreseen or prevented.

7.2. All disputes or disagreements arising between the parties under or in connection with this Agreement are settled through negotiations.

7.3. Without prejudice to the terms of the Offer, the User/Customer and the Contractor are entitled at any time to execute the Agreement for the provision of the Services in the form of a written bilateral document.

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This English translation is provided for convenience only. In the event of any discrepancy, the Russian version prevails.

1. General provisions

1.1. These Regulations govern the procedure for the issue, sale, use and redemption of the gift certificates (hereinafter - the Certificate) of Kyoto Spa LLP (hereinafter - the Company).

1.2. The Certificate is a document certifying the holder’s right to receive the Company’s services up to the face value stated on it. The Certificate is not a cash equivalent, a prepayment or a financial obligation redeemable in cash.

1.3. The Certificate is valid within the territory of the Republic of Kazakhstan.

1.4. The terms of these Regulations constitute a public offer. The purchase of a Certificate signifies the Customer’s agreement to the terms of this document.

2. Purchase of a Certificate

2.1. Certificates are available for purchase:

At the salons of Kyoto Spa LLP;

Through the Company’s official website;

Through partner platforms (where available).

2.2. The face value of the Certificate is determined by the Company (for example: 10 000, 20 000, 50 000 ₸) or may be set at any amount (as agreed with the Customer).

2.3. A Certificate may be:

Personalised (stating the holder’s full name);

To bearer (without a name stated).

2.4. Payment is made in tenge in cash, by bank card or by online transfer.

3. Use of the Certificate

3.1. Period of validity:

6 months from the date of purchase. Upon expiry of this period, the Certificate is cancelled.

The period of validity may be extended for a fee, repeatedly, by 6 months at a time.

3.2. The Certificate is used to pay for the salon services listed in the price list.

3.3. If the cost of the service is lower than the face value of the Certificate, the remaining balance of the certificate stays on the Customer’s account.

3.4. If the cost of the service exceeds the face value of the Certificate, the Customer pays the difference in addition.

3.5. In order to book an appointment using a Certificate, the original must be presented (for electronic certificates - the activation code).

4. Refunds and exchange

4.1. The Certificate is not refundable and may not be exchanged for money, except in cases where the Company is unable to provide the service through its own fault (for example: liquidation, force majeure). In such cases, a refund is made in full.

4.2. Personalised Certificates may be transferred to third parties by agreement.

4.3. Certificates to bearer are deemed redeemed upon their first use. The Company is not liable for the use of such a Certificate by third parties.

4.4. If a Certificate is lost or damaged, it may be reissued only in the case of personalised Certificates, upon presentation of the receipt and an identity document.

5. Liability of the parties

5.1. The Company is not obliged to compensate for losses arising from:

The loss/theft of the Certificate (other than personalised ones);

The use of a Certificate after its expiry date.

5.2. The Customer must check the details of the Certificate upon receipt. Claims regarding technical errors are accepted within 3 days of the date of purchase.

5.3. In the event of force majeure (natural disasters, military action), the Company’s obligations under the Certificates are suspended.

6. Final provisions

6.1. The Company is entitled to make changes to these Regulations. The current version is published on the official website.

6.2. Disputes are settled through negotiations and, failing agreement, in court in accordance with the legislation of the Republic of Kazakhstan.