Terms & Conditions

OUR TERMS AND CONDITIONS

Welcome to Skin Clinica.

We would like you to get the most out of our site and ask that you take the time to read the terms and conditions that apply to its use.

Our Website Terms and Conditions, Customer Terms and Conditions and Privacy Policy govern the use of Skin Clinica and constitute the entire agreement between us as contracting parties.

By using our site, subscribing to receive communications from us or by signing up as a member, you are agreeing to be bound the terms and conditions set out below.

These terms and conditions also govern how Skin Clinica interacts with you on our social media sites: Facebook and Twitter.

WEBSITE TERMS AND CONDITIONS

OUR TERMS
By using our site, you are agreeing to Skin Clinica’s terms and conditions. If you do not agree with these, as set out following, you must immediately cease using the site.

These terms and conditions are subject to review and may change from time to time. In continuing to use the site, you are accepting any new or amended terms. Any applicable obligations we have to you will be based on the terms and conditions in place at the time.

We take great care to ensure correct information, however this site may be incomplete, have inaccuracies, omissions and typographical or pricing errors. Skin Clinica reserves the right to correct or update information without notice to you.

CAPACITY FOR A MEMBER PROFILE
You must be 18 or over to create a member profile or purchase from us. If you are under 18, you may use our site only with the involvement of a parent or guardian.
Skin Clinica reserves the right to refuse you access, remove your profile or correct any errors or inaccuracies at its sole discretion.

SECURITY
Your profile is protected by a password and you are responsible for the safekeeping of that password to ensure that no other party amends your details or transacts on your behalf.

Skin Clinica is not responsible for the loss of confidentiality, incorrect use of your information or transactions incurred due to your failure to secure your password.

If you believe the security of your login has been breached, contact Skin Clinica via the Contact Us form immediately.

ELECTRONIC COMMUNICATIONS
When you access the site or send emails to us, you are communicating electronically and consent to receiving communications from us electronically. We do not use your information to send informational, marketing or promotional communications to you, other than when you have agreed to receive such communications. Please refer to our Privacy Policy.

INTELLECTUAL PROPERTY
All of the content found on this site is the Intellectual Property of Skin Clinica, and this includes all text, images, graphics, logos, icons, and audio and video clips. It also covers our online diagnostic tools, reports, data compilations and software. The compilation of all content on this site is the exclusive property of Skin Clinica, with copyright authorship for this collection by Skin Clinica. Our rights to ownership of these assets are protected by Australian and International copyright laws.

You are not permitted to copy, reproduce or sell any of our information for any commercial purpose without our express written consent.

Should you wish to link to our site, please seek our express written consent by contacting us via our Contact Us page.

TRADEMARKS
Skin Clinica’s trademarks and trade dress are not to be used in connection with any product or service that is not Skin Clinica, in any manner likely to cause confusion for users or customers, or in association with anything that disparages or discredits Skin Clinica.

All other trademarks not owned by Skin Clinica that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Skin Clinica.

LICENCE AND SITE ACCESS
Skin Clinica grants you limited access to for personal use of this site and not download it (other than page caching) or to modify it, in totality or in part, except with the express written consent of Skin Clinica. This permission does not include any resale or commercial use of its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools.

This site, or any portion of this site, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Skin Clinica. You may not frame or utilise framing techniques to enclose any trademark, logo, brand elements or other proprietary information (including images, text, page layout, design, forms or tools) of Skin Clinica.

You may not use any meta tags or any other ‘hidden text’ utilising Skin Clinica’s name or trademarks. Any unauthorised use terminates the permission granted by Skin Clinica.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of Skin Clinica only with the express written consent of Skin Clinica and on condition that the link does not portray Skin Clinica, its associates, or its products and services in a false, misleading, derogatory or otherwise offensive manner. You may not use Skin Clinica’s trademarks, logos, graphics, icons or any other site elements as part of the link without Skin Clinica’s express written permission.

ADVICE AND INFORMATION
The information on this website is general in nature only and does not represent advice.

Any products or ingredients referred to on the site are ‘cosmetic’, as defined by the Australian Therapeutic Drugs Administration (TGA), and therefore are not designed to diagnose, treat, cure or prevent any disease or condition. Cosmetic products are intended to be applied to the human body to alter odours, change appearance, cleanse, maintain, protect or perfume.

Statements and descriptions on the site are for informational purposes only and have not been evaluated by the TGA or any other regulator.

Skin Clinica does not warranty that any products or ingredients mentioned on the site will be suitable for, or beneficial to, you or your skin.

In using the site, you agree to consult with a dermatologist or doctor to ensure correct diagnosis and treatment if you have a skin condition. You are advised that some skin conditions may be related to, or caused by, a systemic underlying cause and may require medical treatment. Some active ingredients are not intended or suitable for use on children, and you agree to seek advice from a dermatologist or doctor before seeking to use them on anyone under 18.

VIEWS AND COMMENTS
By submitting reviews, posting questions or comments, or taking part in any forum on the site, it is important to understand that you are participating in a public forum and are contributing content. This constitutes permission to Skin Clinica to publish or reproduce this content without geographic limitation on any medium and without any claim of ownership or payment of royalties. This constitutes an irrevocable license agreement that is not extinguished even if you no longer continue to use the site or remain a member. Permission extends to Skin Clinica using your first name and location (town/state) in association with this content.
By posting or submitting material to the site, you agree you are a generator of content. As a generator of content, you are assuming all obligations to ensure:
you are 18 years or over you are who you purport to be and are not impersonating any other person you are the sole author and owner of in the intellectual property or its associated rights and are not infringing on any copyright or trademark rights you waive all existing and future moral rights to its use, as defined in the Copyright Act 1968 (Cth)
the content is
i. accurate
ii. does not breach any confidentiality or fiduciary relationships
iii. does not contravene any laws including but not limited to those covering privacy, racial vilification, anti-discrimination, abhorrent violent material
iv. refrains from being inflammatory, harassing or hostile communication and v. does not cause harm to any person or entity is not submitted for payment or used to promote other websites, campaigns, promotions or advertisements; and is free of viruses, malware or computer programs that seek to damage, hack, or collect data or intellectual property from the site.

User content represents the views and opinions of the creator, and not those of Skin Clinica and therefore Skin Clinca does not accept any liability in relation to this content. In providing content, you accept responsibility for it and agree to indemnify Skin Clinica and its associates from all claims resulting from it.

You represent and warrant that Skin Clinica reserves the right not to publish or to withdraw any content that breaches this agreement or is otherwise deemed to be inappropriate.

SOCIAL MEDIA
Skin Clinica likes to encourage participation and the exchange of information and views on our site and our social media pages. In the interests of maintaining an open, friendly and welcoming environment for all, there are times when some posts will not be published or will be removed. User posts or content that is inflammatory, harassing, hostile or potentially harmful will not be accepted. Additionally, a user who seeks to continue to contravene our community rules may be blocked.

LIMITATION OF LIABILITY
This site is provided on an ‘as available and ‘as is’ basis to you, and Skin Clinica does not make any representations or provide any warranty, express or implied, as to the operation of the site, the content, materials, products or services.

You expressly agree that your use of the site is at your sole risk and you do not hold Skin Clinica or its associates responsible for the performance or non-performance of any aspect of the site.

Skin Clinica does not purport to have validated any of the research cited on the site, and nor does it make representations about the suitability or the effectiveness of any of the products or ingredients mentioned. Any opinions or views expressed on the site are the opinions or views of the author, and do not constitute advice.

You accept the responsibility to undertake your own research, consider the suitability of any products or ingredients for your skin and undertake patch testing prior to using any mentioned on the site. You also accept responsibility for following instructions and precautions on products, use them only for their intended purpose and do not overuse or misuse them. You undertake to not use any products or ingredients that are contraindicated with any medication you are using.

In using this site, you agree not to hold Skin Clinica liable for service interruptions, non-delivery or misdelivery of information or data, viruses that may affect your computer devices, including hyperlinks to or from third-party sites, hosted advertisements or any unforeseen events that we cannot reasonably control. In doing so, you also agree to indemnify Skin Clinica from any claims, demands, losses, damages, costs or expenses, including legal fees. This agreement extends to indirect and consequential losses to you and to a related party.

To the extent permitted by the law, Skin Clinica will defend its right to pursue action under tort or contract law to cover losses, damages, expenses and costs, including legal fees, should you misuse, corrupt, interfere with or cause loss of functionality to the site or interfere with its operation.

BREACH AND TERMINATION
Skin Clinica may temporarily or permanently prevent you accessing the site should you have breached any of the provisions of this agreement or have interfered with the operation of the site.

COMPETITIONS
Any competitions run by Skin Clinica on this site or social media will be governed by the terms and conditions set out in this agreement and any terms and conditions associated with of the competition. These competitions will be governed by the laws of Victoria.

LINKS TO OTHER SITES
Skin Clinica may include links to third-party web or social media sites. We provide these links for the benefit of users, members and customers. This does not represent an endorsement or warranty of any kind, and therefore Skin Clinica accepts no responsibility for the accuracy of the content on these sites, and nor does it warranty their services or products.
Where users, members or customers of our site provide links to other sites, we reserve the right to remove these links without notice.

INTERFERENCE WITH THE SITE
By using the site, you agree to not seek to change, remove, add, deface, hack or otherwise interfere with the way the site displays or operates, including all content, forms, tools, applications and programs associated with the site.

APPLICABLE LAW AND JURISDICTION
Skin Clinica (www.skinclinica.com.au) is established and controlled in the State of Victoria in Australia. The Website Terms and Conditions are to be construed in accordance with the laws of the State of Victoria. In using this site, you agree to submit to the jurisdiction of the courts of Victoria and Australia, and any legal actions are limited to these jurisdictions.

GENERAL
If a competent jurisdiction deems any provision in these terms and conditions to not be valid, that provision will be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Skin Clinica retains it rights to enforce all other provisions in its terms and conditions.

CUSTOMER TERMS AND CONDITIONS

Welcome to Skin Clinica. We would like to make your experience of using our site and purchasing our products and services an enjoyable one.
Please take the time to read the terms and conditions following that govern purchases through our site.

REVIEW OF TERMS
By using our site, you are agreeing to Skin Clinica’s terms and conditions. If you do not agree with these, as set out following, you must immediately cease using the site.

These terms and conditions are subject to review and may change from time to time. In continuing to use the site, you are accepting any new or amended terms. Any applicable obligations we have to you will be based on the terms and conditions in place at the time.

We take great care to ensure correct information, however this site may be incomplete, have inaccuracies, omissions or typographical or pricing errors. Skin Clinica reserves the right to correct or update information without notice to you, and this may occur even after you have placed an order. At times Skin Clinica may need to cancel an order due to an error on our site and in this circumstance you will be advised of the cancellation.

CAPACITY FOR A MEMBER PROFILE
You must be 18 or over to create a member profile or purchase from us. If you are under 18, you may use our site only with the involvement of a parent or guardian.
Skin Clinica reserves the right to refuse you access, remove your profile or correct any errors or inaccuracies at its sole discretion.

MINIMUM ORDER
Skin Clinica applies a minimum order value of $30 per order.

SHIPPING
Skin Clinica only ships to Australia and New Zealand at this stage.
Any assessable New Zealand Custom duties or GST are to be paid by the addressee. Skin Clinica does not cover the cost of these charges.

The New Zealand Customs Service may assess duties and GST using a formula that includes shipment value, freight cost, duties applicable to the goods and GST (15%).

Please ensure you are familiar with the rules governing these charges before placing an order by referring to the New Zealand Customs Service website, as these are payable by the addressee prior to the shipment being released. Skin Clinica assumes no responsibility for managing clearance or release of your shipment.

PRODUCTS AND ORDERS
All products offered for sale or ‘with compliments’ by Skin Clinica are intended for personal use only. By ordering from us, you agree to not resell any products you receive, whether full size or sample.
All orders placed with us for a product or service are subject to our acceptance. Should we be unable to, or choose not to, accept an order, we will provide a full refund to you as early as possible.
In addition to the above provisions, Skin Clinica may choose to not accept an order or reduce the quantity or product ordered should we reasonably believe the products may be used for commercial purposes or for reselling.

Additionally Skin Clinica may limit or cancel an order should we reasonably believe that fraud, illegal or other unauthorised activity is involved. In some cases, we may first contact you using the contact details provided to verify an order.

Skin Clinica does not split orders and mail to different locations as part of one order. Should you wish to mail to different addresses, you will need to complete separate orders.

RISK OF LOSS
All items purchased from Skin Clinica are made pursuant to a shipment contract. Due to this, the risk of loss and title for products purchased pass to you on our delivery to the carrier.
To minimise your risk, take the time to check that your delivery details are correct and that you have a safe place to receive your shipment.

PRICES AND PAYMENT
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (GST) where applicable.
Prices on our website will be regularly updated without notice. Any purchase you make will be at the price displayed at the time your order was validated.

In making a credit card payment, you are authorising payment and warranting that you have rights to use the card. You also warrant that you are within your credit card limit and have sufficient funds to make the purchase. If your card is declined, Skin Clinica will cancel the order until such time as payment has been received.

In making a PayPal payment, you are authorising payment and warranting that you have the rights to use this payment service. You also warrant that you have sufficient funds to make the purchase. If your payment is declined, Skin Clinica will cancel the order until such time as payment has been received.

PRE-AUTHORISATION
On some orders, Skin Clinica may place a pre-authorisation on your credit card for part of the purchase price. After the pre-authorisation is approved, this pre-authorisation will be cancelled with your financial institution. During this process, funds are put on hold, however they are not taken from your account. Once we have cancelled the pre-authorisation, it may take up to 7 days for your financial institution to release the funds to you.

USE OF PRODUCTS
In purchasing products from Skin Clinica, you agree to use the products for their intended purpose and strictly in accordance with their directions and precautions. This also extends to storing them according to their directions.
Every skin is different and every skin will react in its own way to a product and its ingredients. In purchasing from us, you accept responsibility to check all ingredients and avoid any that you are aware will cause, or have the potential to cause, irritation or an allergic reaction, or are contraindicated with any medication you are using.

Some products have ingredients that are not suitable for use on children, therefore Skin Clinica does not sell to anyone aged under 18 (a child). If you purchase a product containing actives for use on a child, you agree to check with a dermatologist or doctor to determine whether it is suitable and safe before using it on a child.

Any products or ingredients referred to on the site are ‘cosmetic’, as defined by the Australian Therapeutic Drugs Administration (TGA), and therefore are not designed to diagnose, treat, cure or prevent any disease or condition. Cosmetic products are intended to be applied to the human body to alter odours, change appearance, cleanse, maintain, protect or perfume.

Statements and descriptions on the site are for informational purposes only and have not been evaluated by the TGA or any other regulator.

Skin Clinica does not warranty that any of the products or ingredients mentioned on the site will be suitable for, or beneficial to, you or your skin.

In using the site, you agree to consult with a dermatologist or doctor to ensure correct diagnosis and treatment if you have a skin condition. You are advised that some skin conditions may be related to, or caused by, a systemic underlying cause and may require medical treatment.

LIMITATION OF LIABILITY
This site is provided on an ‘as available and ‘as is’ basis to you and Skin Clinica does not make any representations or provide any warranty, express or implied, as to the operation of the site, the content, materials, products or services.
You expressly agree that your use of the site is at your sole risk and you do not hold Skin Clinica or its associates responsible for the performance or non-performance of any of the tools or products on the site.

Skin Clinica does not purport to have validated any of the research cited on the site, and nor does it make representations about the suitability or the effectiveness of any of the products or ingredients mentioned. Any opinions or views expressed on the site are the opinions or views of the author, and do not constitute advice.

You accept the responsibility to undertake your own research, consider the suitability of any products or ingredients for your skin and undertake patch testing prior to using any mentioned on the site. You also accept responsibility for following instructions and precautions on products, use them only for their intended purpose and do not overuse or misuse them. You undertake to not use any products or ingredients that are contraindicated with any medication you are using.

Additionally you accept all responsibility for any product you purchase on behalf of anyone under the age of 18 (a child) and undertake to ensure a product’s suitability before using it on any child.

To the full extent permitted by law, Skin Clinica does not make any representation or warranty, whether expressed or implied, about the merchantability, fitness for purpose or individual skin outcomes of any of the products sold or ingredients mentioned on the site.

The above conditions do not apply where provisions of the Competition and Consumer Act 2010 (Cth) or any other statute, act or law in any State or Territory of the Commonwealth of Australia cannot be excluded, restricted or modified. In cases where such conditions or warranties apply, Skin Clinica’s liability for any breach or warranty will be limited, to one or more of the defined options: i. replacement of the products, repair of the products or supply of equivalent products; ii. repayment of any part of the price of the products; or iii. payment of the costs of replacing or repairing the products, or acquiring equivalent products.

BREACH AND TERMINATION
Skin Clinica may temporarily or permanently prevent you accessing the site should you have breached any of the provisions of this agreement or have interfered with the operation of the site.

CONCLUSION OF TRANSACTION
Our agreement for sale is concluded when goods are handled over to the designated carrier.

CREDIT CARD STORAGE
Skin Clinica cares about your payment security and does not store credit card details on our site or server. All credit card details are stored on a secure external system operated by a third party. This means that Skin Clinica and its employees are unable to access or retrieve your credit card details at any time.

APPLICABLE LAW AND JURISDICTION
Skin Clinica (www.skinclinica.com.au) is established and controlled in the State of Victoria in Australia. The Website Terms and Conditions are to be construed in accordance with the laws of the State of Victoria. By purchasing products or services from Skin Clinica, you agree to submit to the jurisdiction of the courts of Victoria and Australia, and any legal actions are limited to these jurisdictions.

GENERAL
If a competent jurisdiction deems any provision in these terms and conditions to not be valid, that provision will be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Skin Clinica retains it rights to enforce all other provisions in its terms and conditions.