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Terms and Conditions
Terms of service | Refund Policy | Privacy Policy
Returns
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted (if applicable)
Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 30 days after delivery.
Original Delivery Costs - When Free delivery was given on original order in the case or returns
We do not cover the cost of delivery ( when we offered free delivery ) for the original order send to you in the case of any return for any reason other than wrong product or faulty products sent. If you return or exchange any item your refund or credit for exchange or credit on rewards account will be for the full amount paid minus the cost of delivery to you for the original order delivery. Free delivery offers are only valid for orders that are kept by you and not returned.
Note: Exception to this is faulty product or wrong item sent
If multiple orders are placed in close proximity we reserve the right to send all orders together in one package, regardless of whether postage has been paid for or not.
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Returns & postage costs for goods supplied at 100% off via our gift pop up OR 100% off every 3rd item purchased
Free Products and products purchased as part of our 100% of every 3rd item promotion are not refundable for ANY reason. Should an item that made up any part of the mentioned offer need to be exchanged, post back and forth for the exchange must be agreed by the customer that this will be at the customer's expense (with exception to wrong product sent by Tina Kay Skincare)
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Refunds will not be issued for free products @ 100% off or products purchased that make up a component of this offer. If a customer does not wish accept our exchange only & post paid by customer conditions in relation to this offer should a return be requested, We advise that one should not apply the advertised code that honours this promotion. T&C strictly apply.
NOTE: By accepting free products obtained by our gift pop up or code entered at checkout, all customers must agree to all terms and conditions and agree to pay postage cost back and forth regardless of the reason a return may be requested. All returns request must be submitted my email and approved by Tina Kay Skincare. Any items sent back without prior approval will not be granted exchange, credit or refund will not be processed or will be sent back to the customer at the customer's expense.
Adverse Reaction
If in the unfortunate event that you should have a adverse reaction to on of our products please email us the details of your experience and send photos. We will offer a credit or exchange in the case of an adverse reaction although do not offer refunds. When returning your product please inclose full order details, receipt of purchase and full description of the reaction you experienced.
Refunds (if applicable)
Once your return is received and inspected we will notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Wrong product selected including colour shade with make up are not exchangeable or refundable. Please select carefully.
Cost of Any Returns
The cost of any returns is the customer's responsibility unless a product is deemed faulty upon return and is proved it is faulty by Tina Kay Skincare. For faulty or if an incorrect product is sent, if you want to be reimbursed for the cost of postage, you need to enclose the postage receipt in the satchel. This excludes any product supplied at 100% off. See T&C (Free products and postage costs) above.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at admin@tinakayskincare.com.
Exchanges (if applicable)
If you need an exchange, send us an email at admin@tinakayskincare.com and once your exchange is approved, send your item to:18A, 121 Lawes Street East Maitland NSW 2323 Australia. Please include a detailed note with your details and reason for return or returns will not be processed.
Wrong product selected including colour shade with makeup are not exchangeable or refundable unless product is unopened and used and customer is responsible for postage costs back and forth. Please select carefully.
We strongly encourage sending all returns to us with a tracking number as we can not refund/exchange for a product that does not arrive and can not be tracked. We can not accept any responsibility for parcels that are returned to us without tracking and get lost in transit.
Tina Kay Skincare is not responsible for the cost of Delivery/Shipping for refunds or exchanges with exception to the case of wrong item received or Faulty goods.
Store Credits / Gift Cards
- IMPORTANT: Redeem store credits earned on purchases immediately after earning before credit expires.
- Store credit earned on purchases are valid for 1 day. Use immediately on your favorite products store wide to avoid missing out and credit voucher expiring. By ordering your subsequent order to redeem your credit earnt on original order will avoid dispatch delay.
- Subsequent orders placed using our generous store credits will not be eligible for a second set of free gifts on top of free gifts included in original order where credits we earnt. If added to cart Tina Kay Skincare reserves the right not to supply. Please do not add to cart to avoid disappointment.
- Orders placed with store credits that have a grand total below our free delivery minimum of $95 will require postage paid. Orders using store credit over $95 will not incur a postage free.
- Store credits are sent via email within 30 min after your original order. If you do not get your store credit email please check junk mail. If not found, email us immediately so we can send your store credit code via email before credit expires at admin@tinakayskincare.com
- It is the customer's responsibility to let us know if they do not receive the store credit code, Once credits expire they can not be reinstated.
- Goods purchased with store credits and rewards are NOT refundable. If an exchange is necessary meeting our exchange policy a credit with the same expiry will be issued. Post back and forth will be the customer's responsibility for exchange unless the product is deemed faulty by Tina Kay Skincare or wrong product was supplied originally.
- Strict T&C for Refunds on orders where a store credit is earnt and them redeemed on a subsequent order: We are happy to offer exchange or store credit on items contained in orders where a store credit is earmt and redeemed on a subsequent order, however we cannot off a refund where the refund will consequently reduce the original spend below the total needed to earn the store credits awarded and where a store credit is redeemed. In any case where a refund is requested prior to order being dispatched will void the store credit and any items purchased with the store credit can not be supplied. Exchanges and store credits where otherwise valid can be offered however monetary refunds cannot be provided. If a customer wishes to receive a refund on a purchase for change of mind will forfeit the store credit and or the product purchased with store credit. If orders are sent in these cases the cost of return postage and resend postage will be at a cost to the customer. In cases where a refund is valid on a faulty item we will require the faulty item returned along side the product purchased with store credit awarded and free gifts also received. If free gifts and items purchased with store credits cannot be returned the cost of these item will be deducted from the refund payable by Tina Kay Skincare. If any customer suspects they may need a refund for change of mind we strongly suggest that you do not redeem store credits to avoid the costs incurred to Tina Kay Skincare of supplying free gifts and or store credits being deducted from any valid refund requested.
- Gift cards and or store credit may be issued via email depending on customer spend or other rules
- Free Gift cards issued that are not purchased are to be used instead of discount code. Both are not valid within one transaction.
- If a FREE or store credit is used as well as a discount code in the same transaction, Tina Kay Skincare reserves the right to cancel order.
- FREE issued gift cards or store credits given as rewards can be refused validation post sale if it is see that customer completes multiple orders using multiple gift cards within a short period of Time, paying little of no moneys for goods. This is left to the discretion of Tina Kay Skincare.
- Gift cards are to be used instead of other codes at checkout
- In the event of a glitch in gift card / store credit app sending multiple credits / gift cards to any one customer and customer completes multiple orders within a short time to redeem all credit cards that were given by our system free, Hence paying little or no monetary value, Tina Kay Skincare reserves the right to cancel such orders at any time without notice and or reduce store credit totals and balance for any customer at Anytime.
- We love to give great value to customers but if any free gift, discount, credit, Free gift cards are seen to be taken advantage or or abused, Tina Kay Skincare reserves the right to cancel any order at any time, deeming discount, free gift card, free store credit, free gifts invalid.
- The above terms and conditions are at the complete discretion of Tina Kay Skincare.
- Tina Kay Skincare reserves the right to refuse the supply of goods.
All offers / Discount Code / Rewards / Free Gifts / Promotions
All offers can change or end at anytime at Tina Kay Skincare discretion without the need for expiry dates to be given on any type advertised offer of discount.
Tina Kay Skincare has the right not to offer any offer advertised offer on google organic search results if the promotion is not advertised on the live online store at the time. Google can take some time to index changes to organic search results.
Free Gift Terms & Conditions
- Tina Kay Skincare reserves the right to refuse free gift when offers are redeemed excessively for a single customer.
- Im multiple orders are placed to make use of multiple discounts. Tina Kay skincare has the right to supply only 1 set of free gifts present on the order of the highest value. All free gift across multiple orders will not be supplied.
- If a product become out of stock an alternative may be give to prevent holding up dispatch. This is a condition of adding free gifts to cart.
- Valid Free gifts can not be added to any orders if they are not processed at the time of the order and are not present on the customers invoice. Should there be an issue with adding free gifts at the time of the order please contact customer service for assistance admin@tinakayskincare.com
- It is a condition of our free gift promotions that by adding free gifts from our popup you agree that any of your free gift may be substituted for an alternative should any become out of stock at the desecration of Tina Kay Skincare without notification as some gift become out of stock before we can edit our pop ups. This prevents unnecessary delay of dispatch and allows us to offer so many free gifts without excess man hours in editing the pop up especially over night and on weekends
- Tina Kay Skincare can refuse to supply multiple gift / free packs if customer manages to add more than 1 to order due to glitch in system or for any other reason.
- Kit value advertised is an approximation due to the nature of the special sized items.
- Free Kits may change at any time and content list above is a guide not always exact. However we do endeavour to supply listed products as much as possible although some contents may become sold out prior to us editing our free packs due to the un expected high demand.
Privacy policy
PRIVACY STATEMENT
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at admin@tinakayskincare.com or mailing us at:
Tina Kay Skincare
18A, 121 Lawes Street East Maitland NSW 2323
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics:
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
SECTION 8 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at admin@tinakayskincare.com or by mail at
Tina Kay Skincare
18A / 121 Lawes Street
East Maitland
New South Wales AU 2323
100% off your 3rd item | Terms & Conditions
- 100% Off is only valid when discount code is entered at the checkout ( See orders summary for discount box)
- Not valid with any other code or store credit
- 100% off is granted on the item of the least value or equal value in cart.
- Discount can not be applied after orders are processed.
- If you encounter a problem please email us at admin@tinakayskincare.com prior to processing orders as refunds for the discount will not be given.
- Offer is valid for a 3rd item in cart - Discount is applied the Item of the lesser or equal value if all 3 items are priced the same.
- Tina Kay Skincare has the right to review any order and cancel should this offer be taken advantage in excess in anyway.
- Only 1 item priced at 100% off will be supplied ( With exception to our free gifts added from pop up). Please do not change the units for the free item to more than 1 - Additional units added to the 100% off item will NOT be supplied when packing and dispatching. See More in terms and conditions below.
- Please do not change the units for the free item to more than 1 - Additional units added to the 100% off item in cart will NOT be supplied when packing and dispatching. Only 1 item at 100% off will be supplied regardless of the units added on the invoice. We ask that you kindly limited the units to 1 for the 100% item before processing or we have the right to cancel orders where more than 1 units is present at 100% off. We wish to offer this amazing deal however will not be able to continue with offers like this if we see some taking advantage. The same rule & conditions apply in the event of any website glitch allowing more free gifts than advertised. If you encounter a problem please feel free to contact us @ admin@tinakayskincare.com
- By Accepting your free items all consumers must agree to our terms and conditions or orders can not be processed.
Adding Free Gift To Cart
It is our customers responsibility to add their own free gift to cart. If free gifts are not added to cart they will not be included in order. If a request for a free gift is made that was not added to the cart after order has been dispatched a $10 Delivery charge will apply to send out the free product. If Free gift pop up does not show after viewing cart when otherwise valid please contact us at admin@tinakayskincare.com to notify us so that we can ensure any valid gifts are added to order prior to dispatch to avoid disappointment.
Free Gift Terms & Conditions
- Tina Kay Skincare reserves the right to refuse free gift when offers are redeemed excessively for a single customer.
- Im multiple orders are placed to make use of multiple discounts. Tina Kay skincare has the right to supply only 1 set of free gifts present on the order of the highest value. All free gift across multiple orders will not be supplied.
- If a product become out of stock an alternative may be give to prevent holding up dispatch. This is a condition of adding free gifts to cart.
- Valid Free gifts can not be added to any orders if they are not processed at the time of the order and are not present on the customers invoice. Should there be an issue with adding free gifts at the time of the order please contact customer service for assistance admin@tinakayskincare.com
- It is a condition of our free gift promotions that by adding free gifts from our popup you agree that any of your free gift may be substituted for an alternative should any become out of stock at the desecration of Tina Kay Skincare without notification as some gift become out of stock before we can edit our pop ups. This prevents unnecessary delay of dispatch and allows us to offer so many free gifts without excess man hours in editing the pop up especially over night and on weekends
- Multiples of the same gift types and categories are not valid. Tina Kay Skincare reserves the right to refuse free gift when offers are redeemed excessively for a single customer.
- Tina Kay Skincare can refuse to supply multiple gift / free packs if customer manages to add more than 1 to order due to glitch in system or for any other reason.
- Kit value advertised is an approximation due to the nature of the special sized items.
- Free Kits may change at any time and content list above is a guide not always exact. However we do endeavour to supply listed products as much as possible although some contents may become sold out prior to us editing our free packs due to the un expected high demand.
Discounts
Discounts cannot be added to an order retrospectively after a order is processed. If you have a discount code to apply please ensure this is applied successfully before completing payment. If you have difficulty with applying a code please contact Tina Kay Skincare on admin@tinakaykincare.com.au
OR phone 0408 881 659
TERMS OF SERVICE
OVERVIEW
This website is operated by tkskin. Throughout the site, the terms “we”, “us” and “our” refer to tkskin. tkskin offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service,
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Tina Kay Skincare reserves the right to substitute any unavailable or out of stock free gift/sample, with another free gift/sample that we deem appropriate. In cases where a substitute is required, we will supply substitutes along with your order in place of any unavailable gift/sample without prior notice. Free gift/sample substitutes are not eligible for exchange or credit.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall tkskin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless tkskin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 18A / 121 Lawes Street, East Maitland New South Wales AU 2323.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin@tinakayskincare.com.