Terms Of Use
1. Introduction
1.1These terms of use (the "Terms of Use") are for your use of this website https://btlaesthetics.com/ph (the "Website"), which is a virtual platform operated and maintained by BTL Medical Technologies Inc., a company incorporated under the laws of Philippines and having its registered address at 3F Unit 3-B OPL Bldg. C. Palanca St. Legaspi Village Makati City ("we / us / our / BTL"). By using the Website, you indicate that you accept these Terms of Use unconditionally and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Website. If you do not agree with these Terms of Use, you should cease using the Website immediately.
2. Attention
2.1Please read carefully the Terms before browsing this website. By entering, browsing or using this website, you will be deemed to have read and understood the contents of the Terms and agreed to be bound by the Terms unequivocally. If you do not agree to be bound by the Terms, please do not access, browse or otherwise use this website, or any information contained on this website and please exit immediately.
2.2By using this website, you represent, acknowledge and agree that you are at least 18 years old. If you are not at least 18 years old, you may not use this website at any time or in any manner or submit any information to BTL or this website unless you have consulted your parents or guardian about the Terms before using this website and you have obtained parental consent and guidance at time of using this website. Further, you should not provide us with your personal information prior to obtaining parental consent and guidance at time of using this website.
3. Website Contents
The contents of this website include but not limited to the following:
3.1BTL product information;
3.2Information of BTL partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics;
3.3Service information to be offered by partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics;
3.4Users' reviews;
3.5Pictures/photos;
3.6Videos;
3.7Music;
3.8Product and Service recommendations;
3.9Promotion and advertisements;
3.10Testers;
3.11Professional consultation;
3.12Technology comparison;
3.13Frequently asked questions; and
3.14Enquiries and responses etc.
3.15BTL may make changes to the content available on this website at any time. We strive our best to keep the information and/or content accurate, detailed, complete and up-to-date. However, we are not liable for the accuracy, completeness, validity and reliability of any information and/or content (including but not limited to the service information provided by partnering physiotherapy centers/ medical beauty centers/health and wellness centers/clinics).
3.16Any contents provided on this website is not meant to serve, and shall not be treated, as a substitute for professional medical advice. You are advised to consult your doctor or any qualified healthcare professional prior to using any Service to be offered by this website and/or by partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics. We do not or have no intention to represent any doctor or qualified healthcare professional to provide you with any advice or answer in connection therewith.
3.17Subject to the terms and conditions of these Terms, and your compliance with these Terms, BTL hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this website solely for your personal use. Except for the foregoing license, you have no other rights in this website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the website or Materials in any manner. If you breach any of these Terms, the above license will be terminated automatically and you must immediately leave this website, destroy any downloaded or printed Materials. It will be illegal for anyone to, without our prior consent, use or sell any of the Materials or Service provided by this website.
3.18All of the Service arranged through this website should be used in accordance with the instructions, guidelines and precautions provided by the related partnering physiotherapy centers/ medical beauty centers/health and wellness centers /clinics or us. If you have doubts as to whether any of the Service is suitable for you, you should consult your doctor or qualified healthcare professional prior to using the Service.
3.19You acknowledge that different persons respond to the services provided by partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics differently and there is always an inherent potential risk associated with the services provided by partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics, therefore it is imperative that you must confirm the consent form before utilizing the services provided by partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics to acknowledge his/her understanding of such potential risks and his/her consent to such services.
4. Intellectual Property Rights
4.1All contents of this website including but not limited to trademarks, logos, service marks, texts, button icons, product pictures, images and videos etc. ("Materials") appearing on this website are the property of their respective owners and shall not be reproduced, imitated, copied, sold, resold, accessed, edited or used, in whole or in part, without prior written authorization from the related owners, licensors and us. Using any of the Materials without prior written authorization is unlawful and we expressly reserve all rights to take legal action against such infringement.
4.2No part of the Website and no content on this website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without BTL's express prior written consent.
5. Third Party Links or Applications
5.1This website may contain links to other internet websites that are owned, prepared and operated by third parties. We do not monitor, approve or have any control over the contents of these websites and do not represent or warrant, either express or implied, the truthfulness, accuracy, quality or completeness of any information contained in any of these third parties' websites or this website. You agree that BTL will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third-party websites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of any third-party. You agree and accept that your use of these third parties' links or websites or this website shall be solely at your own risk. In any case, you acknowledge and agree that the third-party websites may have different privacy policies and terms and conditions and/or user guides and business practices, and you further acknowledge and agree that your use of such third-party websites is governed by the respective third-party website privacy policy and terms and conditions and/or user guides. Any reference on this website to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply BTL's endorsement or recommendation.
6. Users Responsibilities
6.1You may be required to register for an account in order to use some of the Service and/or contents in this website. Upon completion of registration, a username and a password will be given to you for your account and you will be responsible for maintaining the confidentiality of your account information. Registration of an account and/or using our website signifies that you agree and undertake to the followings:
6.2Accept full responsibility and liability for all activities that occur under your account;
6.3Provide and maintain updated, complete, accurate and truthful information as required;
6.4You are at least 18 years old or with parental consent and guidance at time of using this website;
6.5Any information that you submit or provide to us, including but not limited to, comments, reviews, questions, techniques, ideas, know-how, suggestions, images and videos ("Submissions"), other than the personally identifiable information as mentioned in the Privacy Policy, will be treated as non-proprietary and non-confidential. And by submitting such Submissions you hereby grant us a non-exclusive, royalty-free, perpetual, worldwide, transferable, irrevocable, and fully sub-licensable right to use them in any way, even in a manner not agreeable to you, at our sole discretion and without prior notice to you nor obtaining your consent thereto;
6.6All of your Submissions shall automatically become the sole and exclusive property of us and shall not be returned to you;
6.7By posting your Submissions, you represent and warrant that you have the lawful right to distribute and reproduce such Submissions; by posting your Submissions, you represent and warrant that you have the lawful right to distribute and reproduce such Submissions:
6.8You accept any liabilities and to compensate us, our staff and demand from related third parties for any loss, damages and expenses arising from any third party claim, action, or demand resulting from your (or anyone acting under your account) use of this website;
6.9You agree to indemnify us for any loss, damages, and expenses resulting from any of your action or inaction that causes any burden or load on the infrastructure and maintenance of this website;
6.10You would not make any use of the contents of this website for commercial or any other purpose or the benefit of another business or yourself unless with prior written authorization from us;
6.11We do not oblige to but reserve the right to monitor and review any Submissions and the right to restrictions of posting of any Submissions, at our sole discretion;
6.12We do not exercise editorial control over any Submissions and that we shall have no responsibility or liability of any kind in connection with such Submissions;
6.13The Submissions posted by you or other Users do not reflect or represent the opinion of us; and
6.14We have and reserve the absolute right to terminate, refuse, restrict or suspend your access to your account at any time, at our sole discretion without prior notice nor obtaining your consent thereto if you breach any of the Terms of this website or if it is for the best interest of any third party and/or us.
7. Prohibited Activities
7.1This website prohibits all Users from uploading or distributing any inappropriate, obscene or indecent information, computer virus or illegal messages, uninvited promotions or advertisements ("Prohibited Activity") that would encourage, lead, or constitute any improper or illegal behavior, nuisance, unlawful acts, harassment or damage through this website.
7.2If any Prohibited Activity is detected or reported, we reserve the right to terminate or suspend the relevant Users or uploader from using this website and to refer the issue to the law enforcement agencies without prior notice. You shall be liable for all the liabilities (including but not limited to civil and criminal liabilities) and responsible for any loss incurred by us and/or third party resulting from all the relevant Prohibited Activities.
8. Minors Policies
8.1If you are under the age of 18, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of the Terms before using the Service through this website. You must not provide us with your Personal Information unless you have received the consent from your parents or guardians.
8.2Parents, guardians and persons who are responsible for supervising minors should fully understand, assess and decide what materials or topics are appropriate for minors before allowing them to view this website, request for professional consultation from partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics, making enquiries or others. If such minors use this website or to submit request for professional consultation from partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics or make enquiries or others (for which we have the absolute discretion to decline at any time without offering any reason), such minors shall be deemed as having sought advice from their parents, guardians or persons-in-charge and obtained their consent thereto, and such parents, guardians or persons-in-charge shall also be deemed as having fully understood, assessed, and approved the relevant act of such minors and shall be fully responsible for such act.
9. Information of Partnering Physiotherapy Centers/Medical Beauty Centers/Health and Wellness Centers/Clinics
9.1All personal information and non-personal information, which may include contact email addresses or telephone numbers of partnering physiotherapy centers and/or medical beauty centers and/or health and wellness centers and/or clinics listed on this website, is shared at the discretion of the partnering physiotherapy centers, medical beauty centers, health and wellness centers, and clinics. We do not monitor, approve or have any control over the information (including but not limited to the name, contact number, address, service/treatment offer) provided by partnering physiotherapy centers and/medical beauty centers and/or health and wellness centers and/or clinics and do not represent or warrant, either express or implied, the accuracy of any information about partnering physiotherapy centers, medical beauty centers, health and wellness centers, or clinics contained in this website. You agree that BTL will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content provided by partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of the partnering physiotherapy centers/medical beauty centers/health and wellness centers/clinics. You further acknowledge and agree that your use of the consultation and/or service offered by partnering physiotherapy centers/medical beauty centers/health and wellness centers shall be solely at your own risk.
10. Privacy Policy
10.1
Personal Data Collected
In accordance with the mandate of the Data Privacy Act of 2012 to adhere to data privacy principle of Transparency, Legitimate Purpose and Proportionality. In collecting your Personal Information, it is necessary for us to inform you and make you aware that you are sharing personal information, that we collect only personal information for its intended purpose and we only collect information that is only necessary to carry out the service we provide to you.
10.2
Rights of a Data Subject
As a Data subject, you have the following rights in accordance with the Data Privacy Act of 2012 as follows:
- Right to be informed (IRR, Section 34. a)
- Right to object (IRR, Section 34. b)
- Right to access (IRR, Section 34. c)
- Right to data portability (IRR, Section 36)
- Right to be corrected (rectify) (IRR, Section 34. d)
- Right to file a complaint (IRR, Section 34.a.2)
- Right to damages (IRR, Section 34.f)
- Right to erasure or blocking (IRR, Section 34. e)
- Transmissibility of Right (IRR, Section 35)
11. Disclaimer and Limitation on Legal Liability
11.1We do our best to provide accurate, complete and up-to-date information on this website; however, we cannot guarantee or warrant, whether express or implied, that the contents or information of this website is error free or uninterrupted by technical difficulties or questions or other matters. We accept no liability to any loss or damages of any kind arising from the use of this website or your reliance on the contents or information provided by this website, whether directly or indirectly.
11.2For the avoidance of doubt, to the extent permitted by law, in no event will this website, our parent company, subsidiaries and/or affiliates, our Suppliers, or other third parties mentioned at this website be liable for any loss or damages whatsoever (including, and without limitation to, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the result of use of this website, any web sites linked to our sites, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such loss or damages. You acknowledge and agree that neither this website nor its members, officers, employees, agents, suppliers, franchisees, or other providers of any goods or Service will be liable for any loss or damage as to servicing, repairing or correction of equipment or data arising out of or resulting from your use of or the materials or information from our sites. You hereby release this website to the fullest extent from any such liability, loss, damage or claim.
12. Contact Us
12.1Your privacy is important to us. We are committed effectively develop our data protection practices and we thank you for putting your trust to our organization in handling your personal information. For any concerns or matters relating to but not limited to how we process your information, request to access information or if you believe your privacy has been violated, you may reach contact us through info@btlaesthetics.com.ph
13. GOVERNING LAW & DISPUTE RESOLUTION
13.1These Terms of Use shall be governed and construed in accordance with the laws of Philippines. Any claims or dispute arising herein from these Terms of Use shall be submitted to the exclusive jurisdiction of the courts in Philippines.
Last updated: Sept 30,2023
