Effective Date : 18/10/2021
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SKINLYCIOUS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SITE OR THIS AGREEMENT. IN THE EVENT SKINLYCIOUS MODIFIES, LIMITS, CHANGES, OR REPLACES THE SITE OR THIS AGREEMENT, YOUR USE OF THE SITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
As used in this Agreement:
- “Account” means a Registered User’s optional account with the Site.
- “Customer” means any User that places a purchase through the Site, but elects to not create an optional Account.
- “Registered User(s)” means any User that has signed up for email communications and/or created an optional Account. Registered Users may also make purchases through the Site.
- “User(s)” means all individuals that visit and access the Site, including Customers and Registered Users.
- “You / Your / You’re” means Users.
WARRANTIES AND REPRESENTATIONS
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Skinlycious and the Site is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Site in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Site. The Site is operated in Singapore and Skinlycious makes no representation that its Site or services or products are appropriate, lawful, or available for use in other locations.
Content found on skinlycious.com, including text, images, audio, or other formats were created for informational purposes only. Recommendations given by Skinlycious customer support in all forms are for informational purposes only too. The Content and Recommendations are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay in seeking it because of something you had read on this Site.
While every reasonable effort has been made to ensure the quality and efficacy of Skinlycious products, they are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. For detailed information, please see product information included with each Skinlycious product. Always seek the advice of your physician or other qualified health professional before starting any new products. It is your responsibility to determine that our products are suitable for you and it is not our responsibility to do so.
We try to make sure that all information contained on the Site (and provided by us to you as part of any services or products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
OWNERSHIP OF SITE AND LICENSE
You acknowledge and agree that Skinlycious is the owner of, or has rights in and to, the Site and its associated content, including but not limited to all intellectual property rights inherent therein. The Site is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Site for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Site, whether in whole or in part, without the prior written consent of Skinlycious.
Skinlycious hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Site for its customary and intended purposes. Violation of the terms of this Agreement or use of the Site for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Site or any portion of it will result in the termination of this license. Absent prior written permission from Skinlycious, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Site or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Skinlycious.
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Site are the property of their respective owners. Specifically, all photographs featured on the Site are copyrighted and owned by Skinlycious, unless otherwise stated. All Skinlycious marks are the property of Skinlycious, including, but not limited to Skinlycious and all Skinlycious logos. The Site, including its look and feel, color selections, layout, and arrangement, is the trade dress of Skinlycious. You are prohibited from using Skinlycious’ trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Skinlycious.
SITE USE & ACCOUNTS
Visiting and using the Site is free. You can create an Account for the Site at any time or may do so upon making a purchase through the Site. Through your Account, you will be able to view, change, or deletion information from your Account, as well as see your orders and control your Account settings. Creation of an Account is optional and purchases may still be made through the Site as a Customer.
You have a duty to ensure that the information provided through the Site and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Site if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Site. Skinlycious reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify Skinlycious for any damages that arise out of or in relation to the use of the Site.
Registered Users agree to keep their Account secure from unauthorized access. Registered Users will login to their Account using an e-mail and Account password. Registered Users should not reveal their passwords to others. Registered Users agree that they alone are responsible for their Account and all associated activities and purchases. Registered Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact Skinlycious immediately. Registered Users agree to hold harmless and indemnify Skinlycious for any damages that arise out of or in relationship to the use of their Account.
PAYMENT FOR PURCHASES
When making a purchase from the Site for a Skinlycious product, payments are processed through a third-party payment processor, either by PayPal or Stripe. By utilizing PayPal, Users agree that they may be subject to their separate Terms of Service found here.By utilizing Stripe, Users agree that they may be subject to their separate Terms of Service found here.
In a credit card transaction, you must use your own credit card. Skinlycious will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the Users and the onus to ‘prove otherwise’ shall be exclusively on the Users.
Skinlycious reserves the right to charge and/or change the service fee at any time. Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Site and purchases made therefrom. You understand and agree that Skinlycious will not be held liable for any User’s failure to complete a transaction entered into through the Site.
PRODUCT SALES AND AVAILABILITY
All prices displayed on the Site are denominated in U.S. Dollars. Skinlycious reserves the right without prior notice to discontinue or change specifications on products and services offered on this Site without incurring any obligations.
Any reference to any product or service which has been or may be provided by Skinlycious does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Any product purchase through the Site is to be used at your own risk. Skinlycious shall not be liable for any damages that result from the use of, or the inability to use, the products featured on the Site or for the performance of such products.
Skinlycious offers a 90 Days Refund policy for its Clear Skin Essentials Starter Kit and Clear Skin Complete Starter Kit. A shipping and handling fee is applicable for the refund to be effected. No refunds for all other products. To view the Skinlycious Return Policy, which is incorporated into this Agreement, please visit here.To view the Skinlycious Refund Policy, which is incorporated into this Agreement, please visit here.
You expressly agree that you will not use the Site to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Site.
Specifically, you are prohibited from:
- Posting or transmitting content that:
- Infringes upon the intellectual property rights of others;
- Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
- Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
- Incites any illegal activity or unlawful sexual solicitation;
- Relates to weaponry, controlled substances, gambling, or debt collection;
- Raises support or defense of anyone alleged to be involved in criminal activity;
- Impersonates another or is fraudulent, inaccurate, or misleading;
- Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Intends to collect personal or personally identifiable information from others;
- Violates any term or condition of this Agreement;
- Using a robot, spider, scraper, or other automated technology to access the Site;
- Imposing a disproportionate load on the Site or its server infrastructure or otherwise attempting to interfere with the operation of the Site;
- Attempting to gain access to the private data or personal information of a Site user or third party;
- Circumventing Skinlycious’ technological and physical security measures;
- Suggesting an affiliation with or endorsement by Skinlycious.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Skinlycious by sending an email to: [email protected]
The Site is fully accessible via a mobile device. To the extent you access the Site through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Skinlycious is not responsible for any fees or errors that occur while accessing the Site via mobile device.
THIRD PARTY & AFFILIATE LINKS
You understand that the Site may contain links to third party websites, applications, or services that Skinlycious does not own or control. You agree that Skinlycious will not be held responsible or liable for the content of third-party websites, applications, or services and that Skinlycious’ inclusion of those websites, applications, or services within its Site does not constitute Skinlycious’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
Transmission of data over the Internet is never guaranteed to be completely secure. It is possible that third parties not under the control of Skinlycious may be able to access or intercept transmissions or private communications without Skinlycious’ permission or knowledge. Skinlycious takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk
Skinlycious shall not, under any circumstances, including but not limited to negligence, be liable for any special, incidental or consequential damages that result from the disclosure or use of the information or materials on the Site.
TERM AND TERMINATION
This Agreement will remain in full force and effect so long as the Site is in operation. Skinlycious may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
DISCLAIMER OF WARRANTIES
SKINLYCIOUS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. SKINLYCIOUS PROVIDES THE SITE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
SKINLYCIOUS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE SITE, OR ANY CONTENT TRANSMITTED THROUGH THE SITE. SKINLYCIOUS IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. SKINLYCIOUS RESERVES THE RIGHT TO DISCONTINUE THE SITE AT ANY TIME.
SKINLYCIOUS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE SITE AT ANY TIME.
LIMITATION OF LIABILITY
SKINLYCIOUS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SITE OR PRODUCTS AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT SKINLYCIOUS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR PRODUCTS OR SERVICES THROUGH THE SITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO SKINLYCIOUS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. SKINLYCIOUS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Skinlycious, its officers, directors, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Site, your use or provision of any services made through the Site, your reliance upon advice provided through the Site, your submission of User Generated Content to the Site, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Skinlycious under the terms of this Agreement will not provide you with the right to control Skinlycious’ defense, and Skinlycious reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Skinlycious.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Skinlycious may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Site.
JURISDICTION, GOVERNING LAW, AND RESOLUTION OF DISPUTES
This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the Singapore without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Singapore.
YOU AND SKINLYCIOUS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM SKINLYCIOUS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN SINGAPORE AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE FEDERAL LAWS OF SINGAPORE. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SKINLYCIOUS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN SINGAPORE. YOU AND SKINLYCIOUS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
CHILD ONLINE PRIVACY PROTECTION ACT
The Site is not directed to persons under the age of eighteen (18) and Skinlycious will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Skinlycious inadvertently collects such personally identifiable information, Skinlycious will delete the personally identifiable information in accordance with its security protocols.
LIMITATION ON ACTIONS
SKINLYCIOUS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SKINLYCIOUS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
RESERVATION OF RIGHTS
All rights not expressly granted herein are reserved to Skinlycious.
Any notice required by this Agreement must be in writing and must be emailed to : [email protected]
BY USING THE SITE, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS.