Must-have Skincare, terms & conditions.
1.1 Welcome to the Must-Have Skincare website located at www.must-haveskincare.com (“Website”) which is owned and operated by LY Skin (ACN 650 267 495) (“Company”, “Us”, “We”, “Our”).
1.2 The Website is an online platform that offers skincare and other related services and products.
1.4 The Company reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Website, without giving prior notice to Users. It is your responsibility to check the Terms & Conditions each time you use the Website.
2.1 For the purpose of these Terms & Conditions the following definitions apply:
“Account” means an account registered with the Website in accordance with Clause 4.2;
“Checkout” means the process set out in Clause 4.3;
“Company Materials” has the meaning set out in Clause 11.1;
“Data” means any data or information inputted by a User into the Website;
“Fee” means the fees payable to the Company for an Order (including the Product and/or Service price, and any shipping, transaction and/or other applicable charges) which may apply to that Order;
“Members” means users that have purchased a Membership as set out herein;
“Membership” means a Membership with the Company that offers rewards, certain Services and/or other benefits exclusively to Members via the Website from time to time;
“Order” means an order for Product and/or Service (including Memberships) as set out in Clause 4.3;
“Products” means a product offered by the Company via the Website as set out in Clause 3.1; and
“Services” mean the services, materials and resources offered by the Company via the Website as set out in Clause 3.2.
- PRODUCTS & SERVICES
3.1. The “Products” offered shall include:
(a) skincare related tools, devices and products (including electrical devices);
(c) gift cards and e-gift cards; and/or
(d) food supplements related to skincare.
3.2. The “Services” offered shall include:
(e) Skincare quizzes;
(f) Skincare consultations;
(g) Blogs, recommendations and tips relating to health, beauty and skincare;
(h) DIY video tutorials;
(i) Rewards program; and/or
3.3. The Company reserves the right to change or cancel any of the Products and/or Services (or part thereof) including but not limited to the applicable Fee, Products and Services offered. For the avoidance of doubt, the Company shall not be liable for any loss or damage resulting from any changes to or cancellations of the Products and/or Services.
3.4. In the event of any changes or cancellations under Clause 3.3, the Company shall give reasonable notice (as determined in its sole discretion) to users and endeavour to deliver any replacement already-paid Services or Membership benefits of a similar type and quality (where applicable).
3.5. For the avoidance of doubt, the Company shall not be liable for any loss or damage resulting from any changes to or cancellations of the Services.
3.6. You agree that any visual representation of a Products and/or Service contained on the Website is provided for illustrative purposes only and may not be an exact representation of that Product.
- ACCOUNT & CHECKOUT
4.1. To access some parts of the Services, you must create an Account.
4.2. You may create an Account at any time while using the Website or during Checkout. You are solely responsible for maintaining the confidentiality of your Account and Account password.
4.3. Once you have selected the Product and/or Service (including Memberships) you wish to purchase, you must submit an order by completing the “Checkout” process whereby you must, where applicable:
(a) enter your contact and shipping details or log into your Account; and
(b) submit the applicable Fees
4.4. Once you complete the Check Out process, you will receive a confirmation by email of your Order (“Order Confirmation”). This Order Confirmation is an acknowledgement of your Order and will not constitute the Company’s acceptance of your Order.
4.5. Should the Company, in its sole discretion, accept your Order, the Company shall send you an email confirming, subject to full Fee being received by the Company:
(a) That the relevant Product has been dispatched; and/or
(b) The relevant booking details, terms and procedures of the Services
- FEES & PAYMENT
5.1. The Fees may be paid via Stripe, PayPal, Klarna, ZIP Pay, JCB, direct debit and/or credit card. The Company is not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time.
5.2. If Fees are paid via Stripe, payment is subject to the Stripe Checkout User Terms of Service which can be read here: https://stripe.com/en-au/checkout/legal.
5.3. If Fees are paid via PayPal, payment is subject to PayPal’s User Agreement which can be read here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU.
5.4. If Fees are paid via Klarna, payment is subject to Klarna’s Terms and Conditions which can be read here: https://www.klarna.com/au/legal/.
5.5. If Fees are paid via ZIP Pay, payment is subject to Zip’s Terms and Conditions which can be read here: https://zip.co/au/page/zip-pay-terms.
5.7. In the event that the Company does not receive the applicable Fee in full and on time, the Company may cancel an Order and makes no guarantee that such Products and/or Services relevant to that Order will be available at a later date.
Membership Payment Terms
5.8. Fees in connection with a Membership shall be payable at Checkout in accordance with Clause 4.3 and on a yearly basis thereafter, unless and until your Membership is cancelled.
5.9. The Company reserve the right to change the Membership Fee billing cycle set out in the above Clause 5.8 including in the event the Company has not received the Membership Fee in full and on time.
6.1. If the Company accepts an Order for a Product made by you and all Fees have been received in full by the Company, that Order shall be dispatched for delivery in accordance with the shipping details provided by you at Check Out (“Delivery”).
6.2. Delivery is subject to the Company’s Delivery Policy located at www.must-haveskincare.com/shipping/.
- RETURNS & CANCELLATIONS
7.1. Return of a Product is subject to the Company’s returns policy which can be read here: www.must-haveskincare.com/returns-exchanges/.
7.2. Cancellation of an Order (including Services of online skin consultations) and/or Memberships is subject to the Company’s cancellation policy which can be read here: https://must-haveskincare.com/cancellation-policy/.
7.3. Cancellation of Memberships are subject to the Company’s cancellation policy which can be read here: https://must-haveskincare.com/cancellation-policy/.
- USER OBLIGATIONS
8.1. While using the Services (e.g., during online skin consultations), you must not:
(a) unreasonably prolong any of the Services;
(b) act in a manner that disrupts, disrespects, insults or hinders the enjoyment of any of the Company’s skin consultants, staff and/or other representative;
(c) allow or enable any other person to join or participate in any of the Services; and/or
(d) live stream, record, broadcast, photograph, video/audio record or otherwise distribute any of the Services, except where permitted by the Company.
8.2. If you submit a review for any of our Products and/or Services, you agree that such reviews must be accurate and must not contain discriminatory, offensive and/or defamatory content. You agree that the Company reserves the right to remove your review at any time without providing reason or notice to you.
Use of Products and Services
9.1. The use of any Products must be in accordance with any instructions attached to the Product or advised via the Website and/or the Company.
9.2. The Company makes no warranty that any use of Products and/or Services will treat, improve, change or impact a user’s skin or general physical or mental health of any user nor does it guarantee any particular outcome or results.
9.3. Any advice, information and/or opinion provided by the Company via its Website, skin consultants or other representatives in connection with our Products and/or Services is for informational purposes only and is not medical advice nor is it intended to diagnose, treat, cure, alleviate or prevent any particular concern, disease or medical condition. To the fullest extent permitted by law, the Company makes no warranty that any information is complete and/or accurate, including the chemicals or nutrient compositions of foods and ingredients contained in Products.
9.4. You agree that the information contained on the Website including the ingredient list in relation to certain Products may change at any time and it is your sole responsibility to review the Website for any such change.
Ingredients & Medical Disclaimer
9.5. It is your responsibility to review the chemical and ingredient list and seek professional medical advice prior to using the Products, especially if you are in any doubt as whether you are safely able or suitable to use a particular Product, including if you have sensitive skin, allergies, medical problems, pre-existing medical conditions or are pregnant or breastfeeding.
9.6. If at any time you notice any unanticipated changes to your skin or general health (physical, mental or emotional) while using the Products and Services, you should seek medical attention immediately.
Limitation of Liability
9.7. You acknowledge and agree that your purchase and/or use of the Products and/or Services is at your own risk and you assume full responsibility of any risks, loss, injury or death that occurs or may occur from using the Products and/or Services.
9.8. The Company and any of its directors, agents, employees, contractors, or representatives are not liable (directly or indirectly) for any emotional or physical loss, damage, injury, death, distress and/or physical harm that may occur in connection with the Products and/or Services.
- TERMINATION & SUSPENSION
10.1. If the Company determines that you are in breach of this Agreement, the Company, in its sole discretion and without notice, has the right to limit access, suspend or terminate your Account, Membership and/or refuse or limit any and all current or future use of your Account and/or the Website. Such suspension or termination shall not release you of any obligations existing at the time your Account is suspended or terminated. In addition to terminating the Agreement, the Company will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.
10.2. You have the right to terminate or suspend your Account via your Account’s page or by contacting the Company.
10.3. If your Account is terminated, suspended or otherwise limited, any Orders for:
(a) Products placed but not yet dispatched shall be cancelled; and/or
(b) Services placed but not yet used shall be cancelled.
10.4. The following sections of these Terms & Conditions will survive termination: Termination & Suspension; Intellectual Property Rights; User Warranties; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
- INTELLECTUAL PROPERTY RIGHTS
11.1. Except for third party data or otherwise stated, all other aspects of the Website (including the Products and Services) are owned or controlled by the Company or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website and the Services (“Company Materials”).
11.2. All rights are reserved. No Company Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of the Company or otherwise permitted by the Company.
11.3. You agree that all Data you import onto the Website (including questionnaires submitted) may be used by the Company, in its sole discretion, to improve our Services and/or Products without any remuneration to you.
- USER WARRANTIES
12.1. AS A USER, YOU MUST NOT (AND MUST NOT ALLOW ANY THIRD PARTY TO):
(a) USE THE WEBSITE IN ANY MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN OR IMPAIR THE WEBSITE;
(b) ATTEMPT TO GAIN UNAUTHORISED ACCESS TO ANY PARTS OF THE WEBSITE;
(c) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE’S SOFTWARE;
(d) USE ANY ROBOT, SPIDER, SCRAPER OR OTHER AUTOMATED MEANS TO GAIN UNAUTHORISED ACCESS WITHOUT EXPRESS WRITTEN PERMISSION FROM THE COMPANY;
(e) ANALYSE, REVERSE ENGINEER, ATTEMPT TO REPLICATE THE UNDERLYING IDEAS, ALGORITHMS, AND SOURCE CODE OF THE WEBSITE;
(f) TRANSMIT ANY VIRUSES, WORMS, DEFECTS, TROJAN HORSES, MALWARE OR OTHER COMPUTER PROGRAMMING THAT MAY DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM OR DATA OF THE WEBSITE; AND/OR
(g) USE THE WEBSITE OR AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF ANOTHER PERSON OR ENTITY INCLUDING BUT NOT LIMITED TO A COMPANY OR OTHER ORGANISATION, UNLESS YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT.
13.1. A User hereby indemnifies the Company and its instructors, officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any Data imported into the Website, the access and use of the Website, and/or any breach or alleged breach of this Agreement by the User.
13.2. Should the Company, in its sole discretion, determine that the User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
- NO WARRANTIES AND LIMITATION OF LIABILITY
14.1. The Website is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. The Company does not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any Company Materials (or other information contained on the Website) will be correct, accurate, timely or complete.
14.2. The Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the Website, including but not limited to any loss or damage arising from the lack of access to any Product, Service, Account and/or other Data provided to the Company, the termination or suspension of the Account, any errors made in Checkout and/or any information provided to any User by one of the Website’s consultants.
15.1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.
- GOVERNING LAW AND JURISDICTION
16.1. These Terms & Conditions and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, the User accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Website shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, the User hereby submit to the jurisdiction of such courts for such purposes.
16.2. Users are solely responsible for compliance with any applicable laws of the country from which they access the Website.
17.1. All amounts payable under these Terms & Conditions are deemed to be inclusive of any applicable goods and services tax unless otherwise stated.
- ENTIRE AGREEMENT
18.1. This Agreement shall constitute the entire agreement and understanding between the User and the Company concerning the subject matter hereof and supersedes all prior agreements and understanding of User and the Company with respect thereto.
18.2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.