Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Terms and Conditions
TERMS AGREEMENT APPLICABLE TO ALL USERS
You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Changes to Terms
The Website is directed to those individuals and entities located in Australia. It is not directed to any person or entity in any jurisdiction whereby; (reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website.
All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of New South Wales. By purchasing products through this site you submit to the jurisdiction of the courts of New South Wales, Australia and Australia and agree that any legal action will only be commenced in these forums.
You agree to comply with the law when using this website or purchasing our products.
In order to make purchases and access some features of the Website, you may need to be a registered member.
You may not use another member’s account without their permission.
When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and agree to notify us if you suspect or become aware of any unauthorised use of your account
If and to the extent we consider necessary, including if you make or seek to make purchases of a high value, you authorise us to perform credit checks, to transmit or obtain information about you from third parties, including credit providers, to authenticate your identity and/or to authorise individual transactions.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, you may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
“Skin Genius MD”, including any logo version of that trade mark, is our trademark or used exclusively under licence and may not be used by you without our prior written consent.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us.
You have no right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features without our prior approval.
Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) (“User Content”) for inclusion on the Website or for inclusion in or reproduction on any product, you grant us a royalty-free licence to use and reproduce that content on the Website or product as the case may be. We shall not be obliged to use, display or retain any User Content so supplied on the Website. You warrant that all such User Content will not infringe any third party’s intellectual property or other rights.
Third Party Website and Links
Skin Genius MD may include links on this website to websites owned by other parties. Skin genius MDs is not in any way responsible for the material contained on these sites, nor is Skin Genius MD responsible for the availability of these sites. Skin Genius MD does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Skin Genius MD responsible for any damage, offence or loss caused as the result of visiting these websites.
Skin Genius MD recommends that before you visit any website you check that your computer is running up-to-date virus checking software.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Skin Genius MD that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Gathering email addresses from Skin Genius MD through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Skin Genius MD should be directed to: email@example.com
All goods sold by Skin Genius MD come with a warranty to be free from any defects or faults. This warranty is not transferable.
Goods under warranty cover will be replaced or repaired by the manufacturer. All warranties are voided if returned product is found in any way to be mishandled, modified, tampered, abused, physically damaged.
We reserve the right to change (including to alter, remove or add functionality) the Website at any time. This will not affect any concluded purchases that you have made. We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this agreement or any other of our terms and conditions by you.
Terms of Trade
If you purchase any products via this website, you must agree to Skin Genius MD Terms of Trade (see Shipping).
Skin Genius MD credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, Skin Genius MD offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.
Although Skin Genius MD engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.
Cookies also allowSkin Genius MD to recognise your computer while you are on Skin Genius MD site, and to send you to the country of origin and language you selected on your first visit to Skin Genius MD site. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of our website.
If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.
You represent that you are a resident of Australia.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE.
We do not warrant that the Website will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the Website;
• you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
• personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
• any interruption or cessation of transmission to or from our Website;
• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
• failures or deficiencies in relation to the merchantability or fitness for any purpose of any product appearing on any linked sites not operated by us or our related entities.
Except if and to the extent only required by law or as otherwise set out in this agreement, we do not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses.
Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
Transfer and Assignment
In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Skin Genius MD SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Skin Genius MD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Skin Genius MD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Subject to the provisions of consumer protection legislation that cannot be excluded, Skin Genius MD accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Skin Genius MD will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, Skin Genius MD limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your Account, at Skin Genius MD sole discretion, and you may be reported to appropriate law-enforcement agencies.
We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
Skin Genius MD may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website. The law applicable to this website is the law of the State of New South Wales, Australia.