- Before using the Site , please read these Terms of Service.
- These Terms of Service (“Terms of Service”, “Terms”), govern your use of SKIN Functional’s website, located at www.skinfunctional.com and any other affiliated websites, mobile applications, and services (the “Site”) provided by SKIN Functional (“SKIN Functional or “we”).
- By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
- SKIN Functional provides the use of this Site , subject to your acceptance of these Terms, which govern your relationship with SKIN Functional. The term “you” or “user” or “users” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site.
- The Site is located within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa.
- These Terms are entered into by and between SKIN Functional and you, and you accept them by (a) using the Site in any manner; and/or (b) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site .
- 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.
- These Terms contain provisions which may limit the risk or liability of SKIN Functional or a third party and/or may create risk or liability for the user; and/or may compel the user to indemnify SKIN Functional or a third party; and/or serves as an acknowledgement, by the user, of a fact.
- Accepting and agreeing to these Terms of Service means you fully understand and accept each provision.
- By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all Terms of Service contained in these Terms.
- If there is any provision in these Terms that you do not understand, it is your responsibility to ask SKIN Functional to explain it to you, before you accept these Terms of Service or continue using the Site.
- You agree to access and use the Site entirely at your own risk. You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
- To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall prevail.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
- Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.
- We reserve the right to refuse service to anyone for any reason at any time.
- SKIN Functional may in its sole discretion and at any time discontinue providing the Site or the products or any part thereof, with or without notice if SKIN Functional believes that your conduct is in breach with or inconsistent with these Terms of Service.
- If any provision of these Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.
- SKIN Functional may amend these Terms from time to time. By accessing the Site you are bound to the Terms published on the Site at the time of any visit to and/or usage of the Site.
- Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
- These Terms apply to Users who may be consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”)
- Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation under the Consumer Protection Act.
- 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.
Online Store Terms
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
- While every effort is made to ensure that the information provided on the Site is current and accurate, you should not assume that this is always the case, and should consult other sources before making any decision to act on this information.
- 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 agree that SKIN Functional can rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify SKIN Functional of any irregularities, to act on any instruction purporting to originate from you.
- 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 SKIN Functional.
- 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 are mandated not to transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms of Service will result in an immediate termination of your services.
- Products offered on the Site are not intended to diagnose, treat, cure, or prevent any disease.
- Any recommendations of products provided via the Site are not a source of professional or medical advice. Users of the Site should always seek the advice of an appropriately qualified professional.
- The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
- No medical or health decision should be made based on any reviews or testimonials referred to on the Site . Furthermore, SKIN Functional makes no warranty or representation, expressed or implied, as to the accuracy or sufficiency of the information contributed by outside sources, and assumes no responsibility or liability regarding the use of such information.
- The Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
- SKIN Functional do not warrant the performance, effectiveness or applicability of any materials listed or linked to on the Site.
- 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.
- 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.
- In addition to other prohibitions as Site 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.
- You agree that it is your responsibility to monitor changes to the Site.
- The contents of the Site, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Site (“Site Content”) are protected by law, including but not limited to copyright and trademark law. The Site Content is the property of SKIN Functional or, in certain instances, of third parties who license such content to SKIN Functional.
- SKIN Functional retains copyright in the Site and all current and future content displayed on the Site which is not owned by third parties.
- In terms of a limited licence, granted for general use, SKIN Functional grants the User, subject to these Terms, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Site for your personal, non-commercial and informational purposes only.
- This Site and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of SKIN Functional.
- SKIN Functional shall not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage that results from your use of the Site.
Obligation and Conduct
- You agree that you are;
- That you are of legal age and have the legal capacity to agree to these Terms (if you are under the age of 18, you acknowledge and confirm that you may not purchase any products from SKIN Functional and may only access the Site under the supervision of your legal guardian);
- To provide accurate, current, and complete information about you as may be prompted by a registration form on the Site (“Registration Data”);
- To maintain the security of your password and identification;
- To maintain and promptly update the Registration Data and any information you provide to SKIN Functional to keep it accurate, current and complete; and
- To accept all risks of unauthorised access to information and Registration Data.
- You are entirely responsible for all content, including videos and photographs, that you upload, post, or otherwise, transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that:
- is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Skin Ingredients or other users of the Site;
- includes unauthorised disclosure of personal information;
- violates or infringes anyone’s intellectual property rights; or
- You are entirely responsible for all content, including videos and photographs, that you upload, post, or otherwise, transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that:
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. SKIN Functional reserves the right to edit or remove content that violates these Terms, that contains third-party commercial advertisements, or for any other reason, it deems necessary.
- The Site has been developed to allow you and other customers to view and purchase products from SKIN Functional.
- We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display and or mobile 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 any time 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.
- To the greatest extent permissible by law, SKIN Functional grants no warranties, express or implied, as to merchantability, fitness for purpose or the results of the use of its products.
- Prices for our products are subject to change without notice.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product.
- We recommend that you conduct a patch test before applying any SKIN Functional products. If a patch test causes any adverse skin reaction, discontinue use immediately and see a doctor.
Orders, Payment and Delivery
- If payment is made via bank card when placing your order, upon receiving your order, your card will be debited when the relevant authorizations are confirmed. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased.
- Where payment is made by credit card, SKIN Functional may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by SKIN Functional and authorisation is obtained by SKIN Functional for the amounts. If SKIN Functional does not receive authorisation, your order for the goods will be cancelled.
- You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Site .
- If you pay via direct bank deposit or electronic funds transfer (“EFT”), payment must be made within 2 calendars days of placing your order on the Site . If proof of payment is not received, SKIN Functional will cancel your order.
- Where SKIN Functional accepts your order (and payment has been made via bank card or EFT), we will provide you with a dispatch notice and deliver the goods to you as soon as reasonably possible, but no later than within 10 calendar days of receipt of your payment (“Delivery Period”).
- SKIN Functional will notify you if we are unable to deliver the goods during the Delivery Period. You may then, within 5 calendar days of receiving such notification elect whether or not to cancel your order for the goods. If you elect to cancel your order, we will reimburse you for the purchase price of the goods ordered.
- SKIN Functional’s obligation to deliver goods to you is fulfilled when we deliver the goods to the physical address nominated by you for delivery of the order.
- SKIN Functional will provide a delivery notice to confirm that delivery to the nominated address has been carried out.
- SKIN Functional is not responsible for any loss or unauthorised use of goods after the goods have been delivered to the physical address nominated by you.
- Prior to delivery of the goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. Subsequent to delivery (or a delivery or dispatch notice) of the goods, you may cancel an order only if you return the goods in accordance with the Returns policy Site out below.
- 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.
- SKIN Functional’s Delivery Information.
- For more detail, please review our Returns Policy.
- Written testimonials submitted by way of SKIN Functional’s website or contact form may be used by Us for purposes of marketing at any time.
- We may, at our discretion use the actual first name of the Customer (You), as well as your skin type or skin condition to promote any of our services or products including but not restricted to, SKIN Functional’s website www.skinfunctional.com, SKIN Functional’s email subscribers list and / or SKIN Functional’s social media accounts.
- We will never distribute photographic testimonials or disclose any other personal information other than the above stated, without the prior written consent of the Customer (You).
User Comments and Feedback
- 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.
- SKIN Functional and it’s owners, “Us” reserve the right to disapprove or remove comments or product reviews made by “You” that have since been resolved or had the opinion proven to be inaccurate or false, either in written or verbal follow up correspondence and proof of resolve can be made available to both parties “You” and “Us”.
- We may have obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- SKIN Functional and it’s owners “Us” reserve the right to disapprove, remove or delete any comments or product reviews at any time of our discretion if made by “You” on www.skinfunctional.com or any of our affiliated websites when the comment is classified by “Us” to be irrelevant, spam, marketing content or intentionally damaging to the associated brand without merit or proof of the opinion.
- 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.
Third Party Tools and Websites
- 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. This Site may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms do not apply to those Third Party Websites and SKIN Functional is not responsible for the practices and/or privacy policies of those Third Party Websites or the ‘cookies’ that those sites may use.
- Notwithstanding the fact that the Site may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and SKIN Functional is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
- SKIN Functional shall not be responsible for the contract or privacy policies of any websites to which the Site may link and shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from the Site.
- We receive various types of information (“Information”) from You when You access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).
- We may electronically collect, store and use personal information, including but not limited to name, contact details, surfing patterns, email, IP address.
- Whenever you are of the opinion that we fail to comply with section 51 of ECTA, you will need to email firstname.lastname@example.org. We will review your representation made by email and if within our sole and absolute discretion deemed advisable, take corrective action and in any event within fourteen (14) days respond to you informing about corrective action taken, if any.
- When we are served with the due legal process requiring the delivery of personal information, We have the legal duty to abide by that demand and will do so. We may also impart personal information if permitted or required to do so by law.
- Despite such an undertaking, it is possible for Internet-based communications to be intercepted.
- Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
- SKIN Functional and the owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information you make to the owners or SKIN Functional through the Internet, or that you expressly or implicitly authorise the owners to make, or for any errors or any changes made to any transmitted information.
- A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other devices) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name.
- SKIN Functional utilises first and third party cookies. This enables us to
- Improve your experience on the Website through various means such as storing preferences (like keeping you logged in) or determining aggregate usage behaviour (time on Site , number of pages viewed etc.) through web analytics tools like Google Analytics.
- Provide more relevant display advertising to you, using third-party tools such as the Google Analytics Remarketing.
- Most web browsers provide the option to block some or all cookie types should you wish to. You can also opt out of the Google Display Network using the Ads Preference Manager. As many of the Website’s features utilise cookies, we recommend that you do not block them.
We require certain personal information necessary to process a transaction if you require any of our products or services.
- SKIN Functional receive and store all Information, including personal information that you enter on the website or give to us in any other way. You may choose not to provide certain Personal Information, but that may limit the services or products that you may wish to obtain from us.
- SKIN Functional provide products and services in conjunction with our affiliates and subsidiaries. In this regard, and unless specifically restricted by you from the license below, you, when entering into the specific transactions in question, grant in writing to the owners and us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Information throughout the world in any media.
- Your Information, that is required by affiliates and subsidiaries to give effect to transactions that you choose to enter into, is shared with those entities.
- The private information required for executing the orders placed through the e-commerce facility, namely your personal information, credit card details, delivery address, and telephone numbers will be kept in the strictest confidence by us and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number, will be made known to third parties delivering the product.
- Credit card transaction will be acquired for us via approved payment gateways. Our payment gateways use the strictest form of encryption. No credit card details are stored on our servers or website.
- Customers will always have to manually input their CVC number and complete 3D secure (usually through the use of a One Time Password, depending on your bank) to complete payment in these instances.
- SKIN Functional undertake that we have taken all reasonable precautions to secure the credit card processing that is carried out to receive payments for goods sold. We cannot be held liable for security breaches occurring on your electronic device (personal computer or other electronic device used to access the website), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device, or due to any other security breaches that occur notwithstanding the reasonable precautions we have taken.
- If you post unsolicited content or other information (“Information”) to the website and do not indicate otherwise, You grant to the owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
- Any inquiries, feedback, suggestions, ideas or other information you provide to us (collectively, “Submissions”), except submissions of a personal and confidential nature relating to Your medical condition and/or medical history, will be treated as non-proprietary and non-confidential.
- Subject to the Terms of this agreement, by transmitting or posting any submissions, you hereby grant us full ownership of the submission. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the submission in any way as we deem fit, including, but not limited to, copying in whole or in part, creating derivative works from, distributing and displaying any submission in any form, media, or technology, whether now know or hereafter developed, alone or as part of other works, or using the submission within or in connection with our products or services.
- You also acknowledge that your submission will not be returned and we may use your submission, and any ideas, concepts or ‘know-how’ contained therein, without payment of money or any other form of consideration from Us, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
- By making a submission, you represent and warrant that you own or otherwise control the rights to your submission and that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailing, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. You agree to indemnify us for all claims arising from on in connection with any claims to any rights in any submission or any damages arising from any submission provided by You.
- You grant to SKIN Functional the right to use the name that you submit in connection with such Information. You warrant:
- that you own or otherwise control all of the rights to the information that you post;
- that the Information is accurate;
- that you indemnify SKIN Functional for all claims resulting from our receipt of the information you supply to us;
We may monitor and edit or remove any information posted to public pages. We take no responsibility and
- SKIN Functional aspire to provide service excellence to customers, which requires us providing information to you about new products or special offers. In each instance, you are provided an opportunity to opt-out of such information. For more information, send an email to email@example.com.
- We understand that efficiency and customer care translates into good service, we may periodically conduct customer care surveys to enable the updating of service standards.
- When conducting a survey, you will be informed as to how the information gathered will be used and you will be given the opportunity to opt-out from such surveys.
- Despite terms to the contrary, we may choose to use personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
- Personal information will be stored for as long as it is used and for a period of one year, together with a record of the personal information and the specific purposes it was collected for. Personal information will be destroyed once it has become obsolete.
- Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, You agree that we may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to us, our employees, directors or agents. You agree that your consent satisfied the requirements of ECTA and RIC for consent in “writing” as defined.
Disclaimer of Warranties and Limitation of Liability
- SKIN Functional 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 the use of the Site and our products is entirely at your own risk.
- The Site and all its contents and the products are provided on an ‘as is’ basis, and SKIN Functional makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the Site.
- SKIN Functional does not warrant that the Site’s functions will be uninterrupted or error-free, or that the Site or its server is free from viruses or other harmful components.
- You understand and agree that SKIN Functional is not responsible for the performance or conduct, whether on or off the Site, of any User.
- SKIN Functional expressly disclaims, and each User expressly releases SKIN Functional from, any and all liability whatsoever for any losses, claims, actions and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the Site.
- SKIN Functional shall not be liable for any loss or damage, whether direct, indirect or consequential or any expense of any nature whatsoever, which may be suffered by the User, which arises directly or indirectly from reliance on the Site and/or its content and the products.
- In no event shall SKIN Functional be responsible for total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the aggregate amount paid by you to SKIN Functional in the calendar year during which any such liability arose.
- SKIN Functional its agents or suppliers shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the Site or any functionality of the Site or of any linked website, even where SKIN Functional is expressly advised thereof.
- You will indemnify SKIN Functional, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from:
- your use of the Site;
- disputes with or between other Users;
- violation of any applicable law or regulation;
- inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; or
- use of any products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Site .
- 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.
- Access to the services, content, software and content downloads available from the Site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the following information is required to be disclosed:
- SKIN Functional T/A Shopique Pty Ltd, registration number is 2016/068663/07.
- The full name and legal status of the website owner is Shopique Pty Ltd.
- SKIN Functional’s physical address and telephone number is: 33 Ballyclare Drive, Ballywoods Office Park, Cedarwood House, Ground Floor, Bryanston, Gauteng, 2191.
- SKIN Functional’s website is skinfunctional.com.
- SKIN Functional’s email address is firstname.lastname@example.org. The physical address for receipt of legal service: 33 Ballyclare Drive, Ballywoods Office Park, Cedarwood House, Ground Floor, Bryanston, Gauteng, 2191.
- Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- access to the SKIN Functional website;
- the inability to access the SKIN Functional website;
- the services and content available from the SKIN Functional website; or
- these terms and conditions; shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client, and users may lodge complaints concerning the SKIN Functional website through the ‘Contact Us’ service provided on this website.
For more information about any information or questions contained in or pertaining to the Terms of Service, please contact us by e‑mail at email@example.com.