Terms of Use
Introduction
This web site (the “Site”) is owned, operated and distributed by Shy Skin Pty Ltd ABN 89 618 137 901 (“us”, “we”, “our”) under exclusive licence. Your use of the Site is subject to these Terms of Service, which you accept by using the Site. These Terms of Service may be updated by us from time to time and at any time without notice to you. The current version is always available on the Site.
Parts of the Site are accessible to all users and other parts of the Site are restricted to users who have registered with us (“registered users”). Unless otherwise stated, these Terms of Service apply to all users, including registered users. We may, in our sole discretion, decline to register anyone as a registered user without giving any reasons.
The Site is proprietary and you may not copy anything on it. All copyright and other rights (including, without limitation, intellectual property rights) in and to the Site and the material (the “Content”) on the Site are owned by us or by others. You may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create works derived from the Site or the Content or any part thereof without our prior written consent (except as permitted under applicable law).
“Shy Skin” is our trade mark and there are other trade marks, names and logos on the Site which belong to us or other people. You do not have any licence or right to use any of them.
The Site does not provide any advice or recommendation. None of the Content constitutes any advice or recommendation whatsoever in relation to any security, investment, potential investment or decision or health matter. No decision of any kind should be made on the basis of the Content without the advice of qualified medical practitioners or professional advisers .
We are not liable to you
We make no representation or warranty that the Content is accurate, up-to-date or complete or that any expressions of opinion or statements of intention are reasonable or honest. To the fullest extent permitted by law, we accept no liability (whether in contract, tort or otherwise) for any damages or loss of any kind arising from any inaccuracies, omissions or misleading, false or deceptive statements in the Content.
We and anybody else who helped us create, host or provide access to the Site and the Content are not liable for any damages or loss of any kind which you may suffer when you use the Site or attempt to use it. Without limiting the foregoing, the Site and the Content is made available WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) AND ALL WARRANTIES IN RELATION TO THE SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. We do not warrant that the Site will be available on an uninterrupted basis, that it will be error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful material and we do not accept any liability (whether in contract, tort or otherwise) in relation to the foregoing.
Under no circumstances are we liable for any loss of profits, direct or indirect, incidental, special or consequential damages (whether in contract, tort or otherwise).
The information you provide
In consideration of your use of the Site, you agree (a) to provide true, accurate, current and complete information about yourself when prompted by our registration form or any other form we ask you to complete at any time and (b) to maintain and update promptly any personal information which you are able to update on the Site so as to keep it true, accurate, current and complete.
Unsolicited Submissions/Feedback
Shy Skin does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, Shy Skin makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on this Site will be deemed non-confidential. Shy Skin is free to use such information on an unrestricted basis.
Your username and password
No person other than you is authorized to use your username or password. You must keep you username and password confidential and take all reasonable precautions to prevent unauthorized use therefore. If you suspect that anyone else has used or is using your username and password, you must notify us immediately. You are responsible for all use of the Site which your username and password whether or not the use was actually yours.
Data protection
During the registration process or at any subsequent time when you may answer questions or when cookies may be used we may collect and process the personal information you have provided. We may use information we have collected for running and improving the Site, providing usage statistics and other feedback to business and for any other purpose to which you consent.
We follow appropriate security procedures in the storage of personal information so as to prevent unauthorized access by third parties.
However, the Internet is not a totally secure medium and you acknowledge and agree that, to the fullest extent permitted by law, we shall not be responsible for any unauthorized use, distribution, damage or destruction of personal data.
Termination
We may terminate or suspend the registration or permissions of any registered user, at will and without notice, in whole or part at any time.
Such termination or suspension shall not give rise to any liability of Shy Skin.
It may not be lawful for you to access the Site
You are not entitled to access the Site or the Content or any part thereof if doing so would involve a breach of law by you or us in any country. It is your responsibility to check this.
We may restrict access
We are entitled to restrict any user or category of users from accessing all or any part of the Site and the Content. We may require a user or any category of users to complete additional forms before obtaining access to any part of the Site and the
Content.
Links
On the Site we may provide links to other web sites. If you use these links, you will leave the Site. We have not reviewed any of these other web sites and we do not control and are not responsible for any of them or their content. We do not endorse or make any representations about them, or any information or product or materials you may find there. If you decide to access any site linked to the Site, you do so entirely at your own risk.
Cookies
The Site uses “cookie” information collection technology. Cookies may also be used by companies to which we link. If you do not wish to receive cookies, it is your responsibility to use a browser which does not (or is configured not to) accept cookies (which may then limit the functionality of the Site).
Disclaimer
The intent of the owner and author of this website and associated game is only to offer information of a general nature to help you in your quest for emotional and spiritual well being. Neither the owner nor the author of this website and associated game dispenses medical advice or prescribes the use of any technique as a form of treatment for physical or medical problems without the advice of a physician either directly or indirectly. In the event you use any of the information in this website or associated game for yourself, which is your right, the owner and the author assume no responsibility for your actions.
To the extent permitted by law we will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website (“Linked Website”).
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Specific Warnings and Disclaimers
The information contained in this Website is provided by us in good faith on an “as is” basis.
The information is believed to be accurate and current at the date the information was placed on this Website. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. You should not act on the basis of anything contained on this Website without first obtaining specific professional advice. You must make your own assessment of it and rely on it wholly at your own risk.
All and any pricing of product as listed on the shopping pages may be subject to change without notice. Pricing is displayed in Australian dollars and includes, and remains subject to, the applicable rate of GST that may apply in Australia from time to time, unless expressly stated otherwise. Any conversion of pricing into a currency other than Australian dollars is by way of estimate only and should not be taken to be a final determinate of the final amount due. All final invoice pricing will be calculated as at the time of final payment via the PayPal website and in accordance with the currency and method of payment selected by You at that time. You agree that in placing an order with us You accept that You are liable for the full payment of the order placed as at the time of final payment being made via the PayPal gateway and website on our behalf, in exchange for the goods being provided by us to You.
Shipping fees are also subject to change without notice. The applicable rate of shipping will be displayed as per Australia
Post rates as at the time of the placement of Your order and any delay in shipping that may incur additional shipping fees, that is beyond our control, is and will remain Your liability.
All legal content on this Website relates only to the laws of Australia, unless specifically stated otherwise. The laws of Australia may be different from your laws.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time, change or add to this Website without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.
To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
Copyright © 2017 Shy Skin Pty Ltd ABN 89 618 137 901.
Exclusive licensee and distributor: Shy Skin Pty Limited ABN 89 618 137 901 c/ of P.O.Box x Merewether, NSW Australia.
All rights reserved. Except as permitted by applicable laws, no part of this website or associated game may be reproduced, transmitted, distributed or stored by any means or in any format without the prior written permission of the owner.
You are provided with access to it only for your personal and non-commercial use.
The Shy Skin logos are trade marks of Shy Skin Pty Limited ABN 89 618 137 901.
All trade names, trade marks, service marks and other product and service names and logos (the “Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws.
Nothing contained on the Website should be construed as granting any licence or right of use of any other person’s or entity’s trade mark which is displayed on this Website without their express permission.
If you use any of our trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; and in a manner that disparages us or our information, products or services (including this Website).
Jurisdiction
These Terms of Service and any claim relating to the use of the Site and the Content are governed by Australian law and you consent to the exclusive jurisdiction of the courts of New South Wales, Australia in relation to any dispute arising in connection therewith.