Welcome to the Skinara® website located at https://www.skinara.com (the “Site”). All content is owned and operated by Skinara Healthcare Ltd. (trading as ‘Skinara’, ‘us’, ‘our’, ‘we’) subject to the following terms and conditions. By using the sites you agree to the following Terms and Conditions (“T&Cs”), in their entirety, when you: (a) access or use the Site; (b) access and/or download any of the text, Product (as defined below) reviews, testimonials, audio, video, photographs, graphics, artwork and/or other content featured on the Site including, without limitation (collectively, “Content”); (c) register for an account (“Account”) that enables you to: (i) receive the email newsletter (“Newsletter”), which contains updates and promotions associated with various Skinara® products (collectively, the “Products”); (ii) where available, purchase Skinara® E-Gift Cards (“E-Gift Cards”); and/or (iii) purchase Products on the Site; (d) access links to Skinara® social media pages and accounts on third party social media websites, such as Facebook®, Instagram®, LinkedIn®, Pinterest®, Twitter® and YouTube® (collectively, “Social Media Pages”); (e) register for the Skinara® Affiliate Program (“Affiliate Program”); and/or (f) utilize the Site’s many interactive features designed to facilitate interaction between you, Skinara® and other Site users including, but not limited to, blogs, comment sections, Product reviews and question and answer options located in designated areas of the Site (collectively, the “Interactive Forums” and together with the Site, Content, Accounts, E-Gift Cards, Newsletter, Products, Social Media Pages and Affiliate Program, the “Skinara® Proposals”). This Site is not directed to children. You must be 18 years old or the age in order to make a purchase on our Site. If you are under 18 years old then you may not make a purchase on our Site, register or provide any personal information to us. By accessing or using the sites, you are acknowledging that you have read, understood and agree to be bound by these terms and conditions. Skinara® reserves the right to update or modify these terms and conditions at any time. When changes are made, we will make the revised version available on this site and update the date above. Note that special terms apply to some features offered through certain Services, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service or product offering. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms. The information contained in the site has been prepared solely for the purpose of providing information about the products and services we offer. We reserve the right to change, delete or move any material on the site at any time without notice. We shall not be liable to you or any third parties for any direct, indirect, special consequential or punitive damages allegedly sustained arising out of your access to or inability to access the site. This includes viruses alleged to have been obtained from this site, your use or reliance on the site or any of the information or materials available on the site, regardless of the type of claim or the nature of the cause of the action.

The information accessed through the https://Skinara.com website is to inform you on our range of products and their use. Skinara® does not engage in offering professional medical or health advice. The information accessed through this website is not intended to be complete or to diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem, please consult your health advisory. Skinara® has taken care to assemble information useful to you on this website from its own and third party sources. Nevertheless, to the maximum extent permitted by law, neither Skinara®, nor any of its employees, directors or any of its agents, contractors or any other party involved in creating, producing or delivering the website or any Content will be liable for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, the website or Content or any other material or product provided to you via the website, including damage caused by viruses or any incorrectness or incompleteness of the information on the website.

In order to purchase Products and/or access other Skinara® Proposals, you may be required to open an Account, or register to make a comment, by submitting a registration form or other data submit form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing address (and billing address where purchasing Products, E-Gift Cards or other Skinara® Proposals); (c) your e-mail address; (d) your daytime and evening telephone numbers; (e) your credit/debit card information (where purchasing Products, E-Gift Cards or other Skinara® Proposals with a credit/debit card); (f) your password; and/or (g) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain your Account in up to date and accurate fashion.

Skinara® may reject your Form and/or terminate your Account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where Skinara® believes that you are in any way in breach of the Agreement; (ii) where Skinara® believes that you are engaged in any improper conduct in connection with the Skinara® Proposals; and/or (iii) where Skinara® believes that you are, at any time, conducting any unauthorized commercial activity by and through your use of the Skinara® Proposals.

You are responsible for maintaining the confidentiality of your Account and password and for restricting access to same. You agree to accept responsibility for all activities that occur by and through your Account including, without limitation, any purchases made there-through. If you are accessing and using the Skinara® Proposals on someone else’s behalf, you represent and warrant that you have the authority to bind that person as a principal to the Agreement, and you agree to accept liability for any and all harm caused by that person’s wrongful use of the Skinara® Proposals.

The products and services available on the sites, including any samples we may provide to you, are for personal use only. All of the products purchased from the sites should be used in accordance with the product’s instructions, precautions and guidelines. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

We attempt to be as accurate as possible when describing our products on the Site; however we do not warrant that the product descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Ownership of and copyright in this website vests in Skinara® only. Users are granted permission to browse and use the Skinara® Proposals for their intended purpose only, which is for retail use only as a consumer. Unless expressly stated otherwise, nothing in this website is to be construed as a licence to use any property of any kind, whether by estoppel, implication or otherwise. Any trademarks used to describe companies or their products on this website are trademarks of those companies or the registered proprietor of the relevant mark and may not be copied, downloaded, reproduced, modified or distributed in any way (except as an integral part of an authorised copy of information in this site) without prior consent. The use by Skinara® of its trademarks on this site is not intended as an offer to sell goods under those trademarks in countries other than those in which Skinara owns the trademarks. All information and content available on the Site and its ‘look and feel’, including but not limited to Skinara’s name and logo, trademarks, product images and descriptions, logos, service marks, text, site design, graphics, button icons, images, audio and video clips, data compilations and software, and the compilation and organization thereof (collectively, the ‘Content’) is the property of Skinara Healthcare Ltd, our affiliates, partners or licensors and is protected by New Zealand and international laws, including laws governing copyrights, trademarks and designs. No part or portion of this site may be copied, sold or used in any manner without our prior written consent for any purpose.

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
• frame or utilize framing techniques to enclose the Site or any portion thereof;
• use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
• make any use of the Site or any Content other than for personal use;
• modify, reverse engineer or create any derivative works based upon the Site or any Content;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
• intentionally violate any applicable local, state, national or international law;
• transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
• engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

All prices displayed on Skinara.com are correct at time of publication; however, we reserve the right to alter prices for any reason at any time. Products displayed on Skinara.com may be purchased using a secure online transaction facility. Credit card transactions are processed in New Zealand. Some banks may charge an overseas transaction fee and/or foreign currency exchange fee for purchases made outside of New Zealand.

All promotions and offers are exclusive to Skinara® unless otherwise stated. Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and we reserve the right to revoke promotions and offers at any time and for any reason without notice. A minimum spend or designated number of products purchased may be required to qualify for a promotion or offer. Any such requirement will be outlined in the promotion or offer details. We reserve the right to run promotions and offers for sets periods of time and in specific geographies and not others if it so chooses. Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for refund or replacement unless the product is faulty. Any decision made by us regarding promotions and offers on the sites is full and final.

By confirming your order for shipment outside New Zealand, you agree to the additional terms contained in this section. If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping cost for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment. Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations New Zealand imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to us or to you in connection with any non-compliance with laws and regulations of the country of destination.

Skinara® products are offered exclusively through this website skinara.com Any other retailers or websites claiming to sell Skinara® products are not authorized re-sellers and have no relationship with our company. Products sold anywhere except through skinara.com could be counterfeit or tampered with. For your protection & peace of mind all genuine Skinara® products are protected by our unique, holographic anti-counterfeit, tamper-evident security labels. Do not accept any Skinara® product that is missing this, or where the label has been damaged. Skinara® takes no responsibility for purchaser dissatisfaction and will not accept any returns for any of the above products.

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You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

 

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Any disputes over the above conditions will be governed by New Zealand law and must be dealt within and will be subject to the exclusive jurisdiction of the New Zealand courts.

 

Effective Date: 09 February 2019