Ciencia Website Terms

1. General

1.1 Dermaspa Pty Ltd ABN 15106497018 (‘Dermaspa’, ‘we’, ‘us’, or ‘our’) operates and maintains this website and provides the service described in clause 2 (‘the Service’).

1.2 These terms and conditions (‘Terms’) apply to your access and use of this website and the Service. By accessing and using this website or the Service, you agree to these Terms.

1.3 We may change these Terms at any time by publishing the changed Terms on this website. Changes will not operate retrospectively.

1.4 The law of Australia governs these Terms. We do not warrant that this website or its content complies with the laws of any country other than Australia except domain https://cienciaskincare.com.hk. If you access this website from outside Australia except domain https://cienciaskincare.com.hk  you do so at your own risk.

2. Description of Service

2.1 The Service enables users:

(a) users to purchase goods; and;
(b) to access information and news concerning skincare products and other goods.

3. Accounts

3.1 You must be at least 18 years old to register an account and make purchases from our website.

3.2 Where you create an account on our website, you must register using your own name. You must not impersonate or register on behalf of another person. You otherwise warrant that the information you provide when you register is correct and not misleading in any way. You promise to keep your information up to date.

3.3 You must keep your password secure at all times. You are solely responsible for all activity undertaken using your username and password.

4. Purchases

4.1 All prices are GST inclusive.

4.2 Our products are not medical aids and they are cosmetic in nature only.

4.3 We may:

(a) change our prices at any time without notice;

(b) vary our payment methods from time to time.

4.4 To the extent permitted by law we may pass on credit card surcharges and charge back fees that we incur on any transaction you have with us.

4.5 Goods are:

(a) our property until you have paid in full for them; and

(b) at your risk when the goods leave our premises.

4.6 We may register our security interest over all goods in accordance with Personal Property Securities Act 2009 (Cth) (“PPS Law”).

4.7 You must do anything which we require for the purposes of:

(a) ensuring that our security interest is enforceable, perfected and otherwise effective under the PPS Law;

(b) enabling us to gain first priority (or any other priority agreed to by us in writing) for our security interest; and

(c) enabling us to exercise rights in connection with the security interest.

4.8 You must not part with possession, or create, purport to create or permit to be created any ‘security interest’ in the goods without our express written consent.

5. Prohibited use

In using this website or the Service, you must not:

(a) contravene any applicable law or regulation;

(b) interfere with or disrupt this website or the Service in any way, including through the use of viruses, Trojans or harmful code.

(c) mislead or deceive others, whether by act or omission, including by making false or inaccurate representations about your identity or accommodation being offered;

(d) stalk, harass, abuse, threaten, intimidate, defame or vilify any person;

(e) share, distribute, store or transmit offensive, obscene, racist, pornographic or illegal material;

(f) otherwise violate or infringe the legal rights of any person; or

(g) encourage, assist or procure another person to do any of the foregoing.

6. Copyright

6.1 Unless otherwise indicated, copyright in this website and its contents belongs to us.

6.2 You may:

(a) publish a link to this website;

(b) make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and

(c) print a hardcopy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.

6.3 Unless permitted by law,you must not, without our prior written consent:

(a) otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or

(b) cause any part of this website or its contents to be framed or included in another website.

7. Trade marks

7.1 Ciencia and the Ciencia logo are trade marks of ours. Other trade marks on this website are the property of our respective licensors.

7.2 You must not use any trade mark on this website without the prior written consent of the relevant owner.

8. Links

This website may link to websites at other addresses. Unless stated otherwise:

(a) we do not control, approve, endorse or sponsor any such websites or their content; and

(b) we do not provide any warranty or take any responsibility for any aspect of those websites or their content.

9. Disclaimer

9.1 Your access and use of this website and the Service is at your own risk. While payments are processed securely, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.

9.2 We do not promise that this website or the Service:

(a) is free from errors;

(b) will operate without interruption; or

(c) is free from anything which may damage your computer or data.

9.3 We do not promise that the contents of this website are complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to this website or its contents at any time.

9.4 We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website or the Service.

10. Consumer Guarantees and Limitation of liability

10.1 You have extensive rights under the Australian Consumer Law (‘ACL’) including consumer guarantees (‘Consumer Guarantees’) and remedies.  NOTHING IN THESE TERMS LIMITS THOSE RIGHTS AND REMEDIES IN ANY WAY.

10.2 You have Consumer Guarantees under the ACL but: (a) in relation to goods, our liability for failure to comply with a Consumer Guarantee (other than certain guarantees about ownership and undisturbed use) is limited to: (i) replacing the goods or supplying equivalent ones; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent ones; or (iv) paying the cost of having the goods repaired; and (b) in relation to services, our liability for failure to comply with a Consumer Guarantee is limited to: (i) supplying the services again; or (ii) paying the cost of having the services supplied again.

10.3 Warranties and guarantees: You have the benefit of (a) the Consumer Guarantees described by clause 10 and (b) any manufacturer warranty. Subject to that, all other guarantees, warranties, terms, conditions, rights and remedies in respect of goods are excluded.

10.4 Other liability  Subject to clauses 10.1 to 10.3, we are not liable to you for, and you release us from and indemnify us against, any harm, loss, damage, claim, demand, action (including, without limitation, any indirect or consequential loss or damage) that you or anyone else may suffer or be entitled to make or bring in connection with or arising out of the supply or failure to supply goods, including but not limited to by virtue of breach of contract or negligence by us or anyone for whose acts and omissions we are vicariously responsible.

11. Account cancellation, breach and indemnity

11.1 Because of the nature of the Service, we must reserve the right to decide who may use it.

11.2 We may cancel your account at any time at our absolute discretion, without giving reasons. We may also cancel your account if you:

(a) breach these Terms;

(b)charge back or attempt to chargeback amounts you have paid; or

(c)are the subject of a complaint that we deem serious;

11.3 If we cancel your account, you may not use the Service again, whether by creating a new account or using an alternative account.

11.4 Cancellation of your account does not affect your right to receive any payments rightfully due to you under these Terms.

11.5 You must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these Terms or unlawful or negligent act or omission.

12. Privacy

12.1 Personal information is handled in accordance with our Privacy Policy.

12.2 In addition, we may log details about any computer used to access this website, including IP address, host,location, browser type, the date and time of access and details of webpages accessed and information downloaded.  This information is used for our own statistical purposes and to improve this website.

13. Relationship

13.1 Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between any of the parties.

14. Contact

14.1 Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.

14.2 If you have any questions about these Terms, please contact:

Questions, requests and complaints regarding our Privacy Statement or our compliance with privacy laws should be directed to us by telephone on (03) 9500 2277 or email to info@ciencia.com.au or sales@www.cienciaskincare.com.hk

Collection under law

We may be required to collect personal information by law.

Why we collect and hold personal information

We collect and hold personal information because:

  • we may need to use it to operate our business including to supply goods and services
  • we may need to provide it to other parties in connection with our business.

The uses and disclosures we may make of personal information are detailed in our Privacy Policy.

Unavailability of personal information

If we cannot collect the information we need about you, we may not be able to supply the goods or services you want.

Disclosing personal information

We may disclose personal information as reasonably required to contractors and suppliers who deliver or assist us to deliver goods and services and provide products and support to you, and to other parties detailed in our Privacy Policy.

Access and correction

Our privacy policy contains information about how the you can access and seek correction of the personal information about you that we hold.

Complaints

Our privacy policy explains how you can complain about a breach of the Australian Privacy Principles, and how we will deal with such a complaint

Collection from third party sources

We may collect personal information from someone other than you, and you may not be aware of the collection, when it is not reasonable or practicable to collect it from you, and it is available from:

  • publicly available sources like phone books
  • other companies in our group that you may have dealt with
  • third parties like our business partners, authorized representative/s and wholesalers
  • fraud checking agencies
  • our dealers, contractors and other representatives that you may deal with
  • our websites and how you use them
  • various parties listed under Disclosing personal information in our Privacy Policy.

Personal information

This refers to information or an opinion about a living person who is
identified or reasonably identifiable, whether or not true and whether
or not recorded in material form.

Kinds of personal informaton we collect and hold

Broadly, we may collect and hold:

  • personal details like name, date of birth, and gender
  • contact details like physical, postal, work and email addresses and phone numbers
  • service-related details like your user name, encrypted password and service usage history, support incidents, esquires and complaints
  • other details relating to special situations like specific health

Information if you make any specific requests of us. In any case, we only collect personal information that is reasonably necessary to support our functions and activates. If we cannot collect the information we need about you, we may not be able to supply the products or service you want.

Collecting personal information

Unless it is not reasonable or practicable to do so, and in other cases allowed by law, we will collect personal information about you directly from you (eg when you contact us by phone or online, or at our premises).

In other cases, we may collect personal information about you from:

  • publicly available sources like phone books
  • other companies in our group that you may have dealt with
  • third parties like our business partners, authorized representative/s and wholesalers
  • fraud checking agencies
  • our referrers, agents, contractors and other representatives that you may deal with
  • our websites and how you use them
  • various parties listed under Disclosing personal information below.

Holding personal information

We hold personal information in an electronic data base. We take
reasonable steps to keep it secure and to protect it from unauthorized access, use or alteration.

Why we collect and hold personal information

We collect and hold personal information because:

  • we may need to use it to operate our business
  • we may need to provide it to other parties in connection with our business.

Using personal information

We may use personal information:

  • to identify you
  • for credit checks
  • to prevent fraud
  • to supply products (including goods and/or services) to you
  • to give you information about us and our products, and product ofers
  • for direct marketing – see Direct marketing for details
  • to improve our products, our marketing and our website
  • to answer your enquiries
  • to give you customer support and service
  • to better understand your needs and respond to them
  • to manage and plan our products and business
  • to charge and bill you for products you use
  • to collect payment from you
  • for other purposes related to the operator of our business.

Disclosing personal information

We may disclose personal information as reasonably required:

  • to contractors and suppliers who supply or support us in:
  • market research, sales and marketing
  • direct marketing – see Direct marketing for details
  • identity and fraud checking
  • credit management
  • service provisioning
  • installation, maintenance and repairs
  • enquiries
  • support and complaint management
  • communications and mailing
  •  billing, debt recovery and credit management
  •  corporate strategy
  •  legal and regulatory advice and compliance
  •  accounting and financial planning
  •  risk management
  •  otherwise providing goods and services that we use to operate our business and provide products and support to you
  • to your authorized representative/s
  • if you ask us to do so
  • to our referrers, agents, and members of our corporate group
  • to our business partners and wholesale suppliers
  • to organizations that provide credit or finance to us
  • to persons who invest in or acquire all or part of our business or company, or are considering doing so.

Direct marketing

We may use and disclose personal information to direct market to you products offered by us, our agents, and members of our corporate group, and our business partners, where we think the offers will be of interest to you, using:

  • post
  • email
  • electronic messaging
  • social media
  • targeted web content
  • other direct marketing channels.

Direct marketing may continue until you opt-out by calling the number in Contacting us even if you are no longer our customer.

Accessing and correcting personal information

Please contact us for these purposes using the details in Contacting us below. We shall process and respond to your request in accordance with Australian Privacy Principle 12. There is no charge for making a request but a reasonable administrative charge, on a cost recovery basis, may be payable before we agree to provide access.

Complaints

If you wish to complain about a breach of the Australian Privacy Principles, please contact us using the details in Contacting us below. We shall:

  • acknowledge your complaint within a reasonable time
  • give you an estimated first response time
  • allocate your complaint to a suitably senior staff member
  • process and respond to your complaint as soon as we reasonably can.

Contacting us

Questions, requests and complaints regarding our Privacy Statement or our compliance with privacy laws should be directed to us by telephone on (03) 9500 2277 or email to info@ciencia.com.au or sales@www.cienciaskincare.com.hk