Terms & Conditions

1. Binding Arbitration

THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS, YOU AND SEAMLESS SKINCARE MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SEAMLESS SKINCARE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please review the section entitled “Disputes” for the details regarding your agreement to arbitrate any disputes with SEAMLESS SKINCARE.

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2. Privacy

Please review our Privacy Policy so that you may understand our privacy practices. Our Privacy Policy can be found here: Privacy Policy

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3. Products and Services for Personal Use

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The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. 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 these Terms and Conditions.

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4. Terms of Sale

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The following terms of sale apply to orders placed through this Site:

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a. Processing: All products offered for purchase on the Site are subject to availability. Any Seamless Skincare publication concerning Seamless Skincare products offered for sale may include inaccuracies or typographical errors. Seamless Skincare shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Seamless Skincare may make improvements and/or changes in the products described in these publications at any time without notice. All orders shall be subject to the terms of these Terms and Conditions. Orders may only be made by individuals who are over the age of legal majority in their jurisdiction of residence. Payment will be processed by Seamless Skincare’s independent third-party payment processor, using the preferred payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us. We reserve the right, at our sole discretion, to cancel or refuse any orders for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Seamless Skincare, payment must be received by Seamless Skincare prior to acceptance of an order. Notwithstanding the foregoing, Seamless Skincare may in our sole discretion choose not to charge your credit card until your order has been shipped. Seamless Skincare may process payment for and ship parts of an order separately. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.

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b. Pricing: You understand that: (i) the prices for products displayed through the Site may differ from the prices offered or published by third parties for the same product and/or from prices available at third-party websites/mobile applications, and that such prices may not be the lowest prices at which the products are sold; (ii) Seamless Skincare has no obligation to itemise its costs, profits or margins when publishing such prices; and (iii) pricing stated on the Site may be changed at any time. You will be billed for your order at the time it is placed. Taxes shall be applied to the billed amount and shall be based upon the region the order is to be delivered. You may only purchase or order products for non-commercial and lawful purposes and any other use is not permitted.

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c. Returns: If your order was damaged in transit, simply send us an email and return the damaged product for a replacement. Refunds are based upon our discretion. Please read our refund policy here: REFUND POLICY

 

d. Quantity Limits: Seamless Skincare limits orders to thirty (30) units of the same product and ninety (90) total products for each order. Seamless Skincare reserves the right to impose additional limits to the quantities and products which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if Seamless Skincare believes that your conduct contravenes applicable law or is harmful to the interests of Seamless Skincare. If you have any questions, please contact us as set forth in Section 19.

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e. Delivery: We will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated in the order; however, Seamless Skincare will not be responsible for any delays in delivery which are beyond our control. Where delivery is delayed, Seamless Skincare will notify you as soon as possible.

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f. Fraud: In order to protect you and Seamless Skincare from fraudulent transactions, Seamless Skincare may provide your transaction-related information to a reputable third-party organisation to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. Seamless Skincare also reserves the right, at its discretion, not to ship items ordered or purchased on this Site to certain addresses. In the event that Seamless Skincare chooses not to ship an item, you will be notified by email and any amount charged to you will be refunded.

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g. Discounts: Seamless Skincare may cancel any order and/or refuse to accept or redeem any promotion code, discount or offer that Seamless Skincare believes to be fraudulent, improperly obtained or is not being redeemed by the intended recipient of the promotion code, discount or offer.

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5. Regional Entities

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For purposes of these Terms and Conditions, the specific Seamless Skincare entity described below shall be the entity processing orders placed through the Site in the corresponding country:

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Countries:

Australia, New Zealand.

Entity:

Seamless Skincare.

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6. Accuracy of Information

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We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current or error-free.

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7. Intellectual Property

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All information and content available on the Site and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, photos, videos, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the "Content") are the property of Seamless Skincare, our affiliates, partners or licensors, and is protected by Australian and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in Section 8 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, distributed, published, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. All rights not expressly granted herein are reserved to us and our licensors.

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8. Limited Licenses

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We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site subject to these Terms and Conditions. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

Any unauthorised use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 8 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

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9. Your Obligations and Responsibilities

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In the access or use of the Site, you shall comply with these Terms and Conditions and any special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. 

You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) accessing or using the Site or any portion thereof without authorisation; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You agree not to use the Site: (a) in any way that violates any applicable law or regulation; (b) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; (c) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; (d) use any device, software or routine that interferes with the proper working of the Site; or (e) otherwise attempt to interfere with the proper working of the Site.

Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or wilfully breach any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Seamless Skincare or our partners or licensors.

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10. Your Account

 

If you choose to create an account on our Site, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree that the information you provide to us during the registration process for creating your account and at all other times when you use the Site is current, complete, accurate and truthful. You are the sole authorised user of any account you create through the Site and you agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Seamless Skincare’s best interests to do so.

If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us as set forth in Section 21. Seamless Skincare will not be liable for losses, damages, liabilities, expenses, and fees incurred by Seamless Skincare or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorised use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

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11. Third Party Links

 

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages 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 pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

 

12. Special Features, Functionality and Events

 

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

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13. User Content

 

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. All third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful or racially or, ethnically offensive, encourages conduct that would be considered a criminal offense, give rise to civil liability 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, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (f) is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information. In addition, you agree not to transmit, upload, post, e-mail or otherwise make available any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (b) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (d) intentionally or unintentionally violate any applicable local, state, national or international law; or (e) collect or store personally identifiable data about other users.

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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.

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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.

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14. Copyright Complaints

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The Copyright Act of 1968 and the Copyright Amendment Act 2006 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Australian copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Seamless Skincare a “Notification of Claimed Infringement” requesting that the material be removed, or access to it be blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);

3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Seamless Skincare to locate the material on the Site;

4. Your name, address, telephone number, and email address (if available);

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

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15. Representations and Warranties; Limitation of Liability

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WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

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16. Indemnification

 

You agree to defend, indemnify and hold us and our affiliates, and our respective officers, directors, employees, agents and representatives harmless for any loss, damages, expenses or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site, breach of these Terms and Conditions or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

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17. Consent to Receive Notices Electronically by Posting on the Site and Via Email

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You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by notifying us using the contact form described in Section 19 and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 8 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

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18. General

 

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.

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Victoria, Australia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Victoria. The Effective Date of these Terms and Conditions is set forth at the top of this webpage. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. We encourage you to return to this webpage frequently so that you are aware of our current Terms and Conditions. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. 

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award, such un-enforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

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19. How to Contact Us​

If you have any questions regarding these Terms and Conditions or would like to contact us, please email us at: hello@seamlessskin.com.au