DISCLAIMER, TERMS AND CONDITIONS OF WEBSITE USE & PRIVACY STATEMENT
Access to this Website
Welcome to our website. In accessing and using this website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions.
About this Website
On this website we provide information to skin care prefessionals and medical practioners who are interested in learning about our products or registering interest in our products and may ﬁnd such information and, if they choose to do so, register their interest.
If you register with us, we will issue you with a confidential user name and password to access the information and services contained on this website. You should ensure that you do not divulge your user name and password to any other person.
You must not:
a) use any other person’s name, user identification or password when accessing or using this website, unless it is with our consent;
b) use this website in any way which may be in breach of any laws, rules or regulations or may infringe any third party rights;
c) knowingly transmit any virus or take any action which may interfere with the operation of this website.
Third Party Content, Products and Services
Products and services offered for sale or advertised, and other information found on this website, may be the products, services and information of third parties.
Third party products and services are not provided by us. If you purchase third party products and services, your legal relationship will be with the third party supplier and not us. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. We may receive fees or commissions from third parties for such products and services.
We make no representations about the accuracy or suitability of the information provided on this website. The information is provided 'as is' without express or implied warranty. You use the information at your own risk.
This website may contain links to other websites which are not under our control or which are not maintained by us. The links to any such third party websites are provided for your convenience and information only. If you access these websites you do so at your own risk. We are not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a website is linked to this website does not imply any endorsement or sponsorship by us of that website or that we are affiliated in any way with the third party operating that third party website.
Change of Information, Products and Services
Information, products and services published on this website are subject to change without notice.
Information provided to us
You may at your discretion provide information to us in order to receive information about us, the products or services displayed on this website, to receive information relating to our property services and listings or to be involved in promotions or other activities undertaken by us. If you do so, you agree that any such information becomes our property and may be used by us or others, reproduced published, transmitted, displayed modiﬁed or distributed at our discretion, subject to our obligations under our Privacy Statement.
All contents of this website, including the software, design, text and graphics are owned by or licensed to us and are protected by copyright under the laws of Australia and other countries. Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website without our prior written consent.
This web site includes trademarks which are registered, are the subject of pending applications or which are otherwise protected by law. You may not use these trademarks without our consent.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING IN ANY WAY TO THIS WEB SITE, YOUR USE OF THIS WEB SITE AND THE INFORMATION, PRODUCTS AND SERVICES SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESSED THROUGH THIS WEB SITE; AND LIABILITY (INCLUDING FOR NEGLIGENCE) TO YOU OR ANYONE ELSE IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE), COSTS AND EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU ARISING FROM OR IN CONNECTION WITH ANY USE OF THE INFORMATION, PRODUCTS OR SERVICES SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESSED THROUGH THIS WEB SITE FOR ANY REASON WHATSOEVER (INCLUDING NEGLIGENCE).
IN THE EVENT THAT TERMS, CONDITIONS OR WARRANTIES ARE IMPLIED BY LAW AND CANNOT BE EXCLUDED, THEN THOSE TERMS CONDITIONS OR WARRANTIES ARE INCLUDED HOWEVER OUR LIABILITY IS LIMITED AT OUR OPTION TO ONE OR MORE OF THE FOLLOWING.
IN THE CASE OF THE SUPPLY OF GOODS:
A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
B) THE PAYMENT OF THE COST OF REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
C) THE REPAIR OF THE GOODS OR PAYMENT OF THE COST OF REPAIR OF GOODS; AND IN THE CASE OF THE SERVICES, SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING THE SERVICES AGAIN.
You agree to indemnify us and our partners, agents, officers, employees and other authorized representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this website.
If in our reasonable opinion you fail to comply with any of these terms and conditions of use of this website, we may terminate or limit your access to this website.
Any legal issues arising out of the use of this website will be governed by the laws of Victoria, Australia and by using this website you submit to the jurisdiction of the courts of that state.
We are committed to the protection of personal privacy and have adopted a policy to protect information about individuals. This policy describes the information we collect at this website, how we use that information, how that information may be disclosed, and the security of that information, how you can access and correct any such information and other relevant details concerning your privacy.
1. Collection of Personal Information
You may provide personal information to us to receive information about products or services offered through this website, to purchase such products and services, to receive newsletters or become involved in promotions or other initiatives commenced by us. This personal information may include details such as your name, age, gender, contact information, products and services you are interested in or require more information about. If you purchase or request products and services from us we may also request your preferences for receiving further marketing or promotional material.
The choice of how much information you provide to us is yours. We seek this information either to process your request for information and provide that information to you, to improve the quality of our products and services or to assist you to determine which products and services best meet your needs.
We may also collect and store information about your visit to its website, including: the name of the domain from which you accessed the internet the date and time you accessed the website the internet address of the website from which you linked directly to the website the pages you accessed while visiting the website.
This information does not in itself identify individuals and is used to measure the number of visitors to the website and how it was navigated. This information assists us to make the website more useful to you.
We also collect information from subscribers (persons registering their details with us through the website) or website visitors for the purpose of improving our quality and effectiveness and to provide you with information. We welcome feedback from you about all aspects of its website. We store feedback that users send to us. This feedback is used to administer and refine our service. We may also use the information to improve or promote this site. We will not publish your name in connection with any information you provide without your permission.
2. How do we use the Personal Information?
The personal information obtained from this website is used, where you have so requested: to provide products and services to you to provide you with information, newsletters or other communications to involve you in promotions and other initiatives undertaken by us.
Some of the uses of the information described above may be provided by third parties, who are authorized to use this personal information for these purposes.
We may use your personal information for direct marketing or promotional activities. However, if we do undertake such activities, you will be provided with an opportunity when first contacted to decline to receive any further communications from us.
Information collected from this website may also be used to determine demographic and usage patterns. Personal identification information is not used for this purpose. This anonymous information is then used to better develop and tailor this website and our products and services for our customers and potential customers. This non-Â‐personal information may be passed on to third parties.
Other than for the purposes described above, we will not use your personal information without your prior consent. The only exception to this rule is where disclosure is necessary to prevent injury to life or health, to investigate any suspected unlawful activity or where it may be required by law such as in a response to a warrant, subpoena or other legal process.
3. Security of your information
We take reasonable steps to ensure the security of all information we collects from risks such as loss or unauthorized access, destruction, use, modification or disclosure of data. For example, your personal information is maintained in a secure environment which can be accessed only by authorized personnel.
However, no data transmission over the internet or information stored on servers accessible through the internet can be guaranteed to be fully secure. These activities are undertaken at your risk.
4. Disclosure of Personal Information
Personal information collected through this website is not disclosed or passed on to third parties unless it is in accordance with this privacy statement. Information may be provided to third parties where any functions or services are being outsourced or you would reasonably expect us to disclose it to a third party for a particular purpose.
We will not disclose your personal information in circumstances other than those described above without your prior consent. The only exception to this rule is where disclosure is necessary to prevent injury to life or health, to investigate any suspected unlawful activity or where it may be required by law such as in a response to a warrant, subpoena or other legal process.
5. Access and correction of personal information
You may request access to your personal information collected through this website at any time. Please send an email at the contact address shown on this website. If any information is incorrect please advise us and we will update it.
6. Links to other Websites
We are not responsible for the privacy practices or content of any other website that is linked to this website. It is your responsibility to investigate the privacy policies of those other sites.
7. Changes to this Privacy Statement
8. How to contact us
If you have any concerns or questions, please use contact details as found in this website. When making purchases from this website you agree to the following:
All sales products of Skin Care Science, Inc. (Seller) to Buyer shall be made under the provisions hereof, and no order shall be binding upon Seller until Seller has acknowledged or confirmed order in writing. Any documents that either party may use for their mutual convenience such as inventory order forms or sales acknowledgement forms shall be for administrative convenience only. The terms and conditions set forth herein shall take precedence over any terms and/or conditions which may be contained in any such forms. Once accepted by Seller, orders cannot be canceled by Buyer. Buyer may not and shall not sell the products to any person who is not an end-user consumer. Buyer may not and shall not resell products to any other person or entity (including affiliates, subsidiaries, or other organization of which buyer is an owner or member) without prior written consent of Seller, which consent may be withheld at the sole discretion of Seller.
All Buyer purchases from Seller are to be paid in full prior to Seller releasing goods or services ordered. Buyer may use a major credit card, wire transfer or bank check to complete purchase payments.
The prices Seller charges Buyer shall be the prices Seller establish from time to time on Seller’s price list. Price lists shall be provided to Buyer and the price list in effect at the time the products are shipped shall be the controlling one. All prices shall be exclusive of all tariffs, taxes, insurance, shipping, freight and delivery charges, unless otherwise included in the price list.
Buyer may not and shall not advertise the products ( whether by mass media, internet, mail order, or otherwise) or make any claim regarding the products, without prior written consent from Seller. Buyer may not and shall not make representations the extend beyond what is represented by the manufacturer of the products. Buyer’s representations shall also comply with regulations of the United STates Food and Drug Administration.
Buyer may not (at any time) list Skin Care Science, Inc. products or services via the internet with pricing attached to products, peels or services and/or offer password protected pricing. Buy may not (at any time) sell Skin Care Science, Inc. products via the internet, auction sites, domestic or international. Skin care Science waives all liability if Seller disregards this policy and distributes SKin Care Science, Inc. products or peels to end consumers through the internet.
Buyer is forbidden to use, authorize or permit the use of any of Seller’s trademarks or trade names or the name, “Serene” as part of Buyer’s firm, corporate, or business name. Buyer may not user Seller’s trade names for advertising or marketing purposes in order to denote the origin of Seller’s products without prior written consent of Seller. Buyer may not and shall not contest or modify the products or the packaging of the products. Specifically, Buyer shall not remove the product (liquid) from the containers in which the products are shipped. Buyer shall not package the products with any other good other then Seller.
Notwithstanding any other term, Seller can terminate sales to Buyer at any time for any reason or no reason. Upon termination, Buyer hall no longer be authorized to purchase the products. Buyer further agrees as follows:
Buyer shall resell and deliver to Seller, free and clear of all liens and encumbrances, such of the products that are in a marketable condition as Seller, in its sole discretion, shall elect to repurchase. Buyer shall also return any and all materials bearing Seller’s name, trade name. Seller agrees, that upon 30 day’s prior written consent, Seller shall buy products back provided that Buyer shall prepay all shipping costs. Buyer to Seller shall transmit any amount remaining due to Seller immediately.
Seller shall not be liable to buy by virtue of any termination of sales to buyer for any compensation reimbursement, damages due to any loss of prospective profits, unanticipated sales losses, expenditures, investments, or loss of leases, commitments in connection with the business, goodwill of Buyer, or any other actual or potential damages whatsoever growing out of or claimed to grow out of any termination.
Buyer shall remove and discontinue the use of any unauthorized sign or any other unauthorized designation containing any of Seller’s trademarks or trade names or in any way reference “Serene”.
Buyer shall inspect the products immediately upon delivery. If the packaging shows signs of damage or spillage, Buyer must reject delivery and return same to the carrier in order to avoid charges for return of products. If after opening the package Buyer discovers the product containers are dented or damaged or spillage has occurred, or that there is any shortage in shipment, then Buyer must notify Seller within fourteen (14) days to be entitled to credit against future purchases of the products. If buyer returns products for any reason beyond the fourteen (14) days the Seller can refuse to accept the return and/or Buyer shall pay restocking fee equal to twenty-five (25) percent of the price of the products returned. Buyer agrees to follow all of Seller’s return policies as may be issued from time to time.
Except in the case of products made the subject of a proper return as in the “Return” section of this document, Seller makes no representation or warranty of any kind, express or implied (either in fact or by operation of law) with respect to the products, whether as to merchant ability, fitness for particular purpose, or any other matter. Buyer’s sole remedy for any claim against Seller of any kind, including but not limited to claim of negligence or claim of liability based on a defect, whether discoverable or latent, with respect to a product furnished to Buyer shall be limited to the replacement of goods or credit against future product purchases.
Liability Insurance / Professional Treatment Liability Release
By purchasing from this website Buyer acknowledges having current liability insurance to purchase all products and peels from Seller. Proof of insurance prior to chemical peel purchase is required. The Buyer may also be required to attend product/peel training prior to purchasing, selling or treating with Skin Care Science, Inc. products.
In addition, I agree to the following:
Confirm that I am licensed and insured to perform professional skin care services and treatments and have attended the proper training that qualifies me to perform professional skin care treatments which includes chemical peels.
Acknowledge that I have read and studied the Serene ‘Professional Manual’ and understand the use and techniques described. In addition, I have downloaded and read all related educational material from website and take full responsibility for an adverse reactions that may arise from performing any treatments outside the protocols as explained in educational material.
I agree to provide each client with a ‘Consent and Release Form’ and require them to sign before any skin related treatment is performed.
I acknowledge that these forms are available to me for download at any time.
I have received the professional manual and have registered as a skin care professional to gain access to all related educational material with loveserene.com. I understand, and acknowledge and agree that if I deviate from the protocols and guidelines set forth in the manual and educational material that Skin Care Science is released from liability in the event any negative outcomes or adverse conditions arise due to performing a professional treatment or chemical peel using any Skin Care Science related products.
By purchasing from this website Buyer acknowledges having current professional license in the state where treatments and reselling occurs. It is also mandatory that Skin Care SCience, Inc. has this information on file.
Tax I.D. Number
By purchasing from this website Buyer acknowledges having current professional identification numbers. It is also mandatory that Skin Care Science, Inc. has this information on file and it is your responsibility to mail a copy to the following address within 30 days of purchase. Address: 2426 Townsgate Rd. Suite 500, Westlake Village CA 91361
This transaction is governed by the laws of the State of California and shall be performable in Los Angeles, Los Angeles, California
No modification, amendment, or waiver of any of the provisions herein contained, or any future representation, promise, or condition in connection with the subject matter hereof shall be binding unless made in writing and signed by the parties hereto.
Professional Documents, Literature and Forms
These documents are for educational purposes only and are not to be used as fact until reviewed by your attorney. Forms that require a client's signature are not a legal release. SkinCareScience and its affiliates are not responsible for any claims. These forms are downloaded and used at your own risk. By downloading these documents from this site you are agreeing to these terms and understand that they are only for educational purposes.
This agreement, together with exhibits attached, contains the entire agreement between the parties hereto and supersedes any prior agreements, representations or understandings among the parties. Each party hereby expressly warrants and represents to the order that no other statements, representations, oral or written, have induced the party in any way to sign this agreement or form any part of the consideration for the signature of said agreement, but that the entire consideration for same and all representations or statements bearing on or relating to the agreement are expressly set forth in agreements.
Thank you for taking the time to read our Terms, Conditions and Privacy Statement