‘you’ means the person (including any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency) using, browsing or otherwise accessing any content or data on the Websites.
We may revise these Terms from time to time. Revised Terms will apply to the use of the Websites from the date of the publication of the revised Terms on the Websites. Please check this page on a regular basis to ensure you are familiar with the current version. Your use of the Websites constitutes your acceptance of these Terms as revised from time to time.
Should you object to any of our Terms or other notices on the Websites your sole option is to immediately cease your use of the Websites.
INTELLECTUAL PROPERTY AND OWNERSHIP OF CONTENT
Unless indicated otherwise all content and materials in any format on the Websites and all intellectual property in the Websites is owned or licensed by us. Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Websites and will not modify, copy, republish, frame, distribute or communicate any part of the Websites or any information contained on or in the Websites without our written consent or otherwise use the Websites in a way which will infringe our intellectual property or other rights.
We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to access our services. Should you wish to reproduce or use our copyright material for any other purpose, you must obtain our prior written consent, which may be refused or given subject to such conditions and/or fees as we in our absolute and unfettered discretion may impose.
All rights not expressly granted are expressly reserved.
RESTRICTIONS ON USE OF WEBSITES
In accessing or using the Websites you agree that you will not:
use any automated device, software, process or means to access, retrieve, scrape, or index the Websites or any content on the Websites without our express written consent;
use any device, software, process or means to interfere or attempt to interfere with the proper working of the Websites;
undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
use or index any content or data on the Websites for purposes of competing with us in any manner that we have not specifically authorised;
transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the websites or any content on the websites, except as expressly authorised by us;
transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature;
use the Websites or any content from the Websites in any manner which is in our absolute and unfettered discretion determined by us to be unacceptable and/or not for the purpose it is made available; or
act in breach of any term or condition of use or other condition imposed by us or any law.
We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the Websites, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.
You may report any suspected violation of these Terms to us by using the following email link email@example.com. We will investigate the matters and take any actions we consider appropriate.
MOBILE MESSAGE SERVICE
The Synergie Skin mobile message service (the “Service”) is operated by Synergie Skin Pty Ltd (“Synergie Skin ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates,promotions, specials, and other marketing offers from Synergie Skin via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Click the unsubscribe link in any text message to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Synergie Skin mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to Synergie or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
SynSociety, Synergie Skin’s loyalty program (the “Program”) is offered by Synergie Skin Pty Ltd (“Company”) to customers making purchases and to potential customers on SynergieSkin.com. Company will extend certain rewards and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter “Terms and Conditions”) form the agreement (the “Agreement”) between you (“Member”) and Company with respect to the Program.
Member’s acceptance of terms
By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.
Company’s right to change/cancel program
Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes.
The Program is open to all residents excluding U.S. and wherever else Synergie Skin does not ship to (see https://synergieskin.com/shipping-returns-policy/ for full list). Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises, or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion.
Individuals can enrol by creating an account at SynergieSkin.com. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrolment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting SynergieSkin.com, signing in, and updating their account.
Company will use email to communicate the Member’s tier status, notify Member of eligibility for a benefit, communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
Merchandise returns must be made in accordance with Company’s return policy available at https://synergieskin.com/shipping-returns-policy/. Upon the return of an item, the spend and point amount applied to Program tier status for the original purchase will be deducted from the Member’s account.
Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at SynergieSkin.com, count toward your Program tier status. The purchase of a Synergie Skin eGift Card will not be applied to tier level earnings. Additional items may be excluded from tier level accumulation at the sole discretion of Company.
Program tier status is based solely on a customer’s total dollar spend (after discount) on SynergieSkin.com.
The criteria for each Tier are as follows:
Seeker: A customer receives Seeker status upon creating an account at SynergieSkin.com. However, the customer will not be eligible for specific benefits until he or she makes an initial purchase.
Savvy: If a customer’s account accumulates between $750-$1,499 of total spend on SynergieSkin.com, they will receive Savvy status. To remain a Savvy, a customer must accumulate this amount of dollar spend during a rolling and dynamic 365 days from first receiving this status. If a customer does not meet this requirement, the customer will revert to Seeker status, losing Savvy benefits. In order for the customer to regain Savvy status, the customer’s account must accumulate between $750-$1,499 of total spend on SynergieSkin.com.
Sophisticate: If a customer’s account accumulates over $1,500 of total spend on SynergieSkin.com, they will receive Sophisticate status. To remain a Sophisticate, a customer must accumulate this amount of dollar spend during a rolling and dynamic 365 days from first receiving this status. If a customer does not meet this requirement, the customer will revert to Savvy status, losing Sophisticate benefits. In order for the customer to regain Sophisticate status, the customer’s account must accumulate over $1,500 of total spend on SynergieSkin.com.
For more information on Program tiers, see https://synergieskin.com/rewards.
Valid email address
A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.
Right to revoke
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.
Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.
THIRD PARTY CONTENT
The Websites may contain Third Party Content. ‘Third Party Content’ means web sites, platforms, content, products, services, and information of other parties including content provided to us by links to sites owned by other parties.
We do not control and are not responsible for Third Party Content and you bear all risks associated with your access to and use of Third Party Content.
Any Third Party Content made accessible by us is provided on an ‘as-is’ and ‘as available’ basis without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, nor do we endorse and make no express or implied representations or warranties concerning Third Party Content.
We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.
The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the terms applicable to such content as specified by such owner, author or provider.
YOUTUBE & GOOGLE
Except as otherwise required by law:
the Websites are provided ‘as is’ and ‘as available’ without any express or implied warranty;
we make no representations and give no warranties in respect of the Website Information including that such information is reliable, accurate, suitable for your purposes or without errors, omissions or viruses;
we make no representations and give no warranties in respect of the means of accessing any Website Information, including software operating in connection with the Websites; and
we make no representations and give no warranties in respect of, and accept no responsibility for, any websites operated or controlled by anyone other than us which are or may become linked or framed to or from the Websites.
‘Website Information’ mean content and information contained in, displayed on or accessible through the Websites, including content or information generated on the Websites by us or on our behalf and any Third Party Content;
We do not guarantee continuous, uninterrupted or secure access to the Websites.
You acknowledge that access and use of the Websites (including the software operating in connection with the Websites) may be interfered with by numerous factors outside of our control.
We cannot ensure that any files you download from the Websites will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your customers) in relation to your use of the Websites.
The products, statements, content and material (including but not limited to dietary, lifestyle and skincare information) made available on and through our Websites are not intended or implied to be a substitute for professional medical advice and are not intended to diagnose, treat, cure or prevent any physical or medical conditions.
If you have a physical or medical condition, you should always seek the advice of a qualified health care professional immediately. You should always consult with a qualified health care professional before adopting any treatment for a health problem and/or using our products.
All content, including text, graphics, images and information, contained on or available through our Websites are for general information purposes only.
Every effort has been made to accurately represent our products and its potential. Examples in these materials are not to be interpreted as a promise or guarantee. Each individual result may vary. Where specific examples are quoted from individuals there is no assurance you will do as well. The examples and the before and after photographs on our Websites are not intended to represent or guarantee that everyone will achieve the same results.
Each individual statement cannot be verified for its accuracy. The information on our Websites are not medical advice and you should always consult a qualified health care professional about any health problems.
It is your full legal responsibility for the decisions you make regarding your health, as well as how you use our Websites. You must not disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through our Websites.
We disclaim any responsibility for any injury or adverse effect that may result from the use of the information contained within or generated by our Websites.
You are encouraged to confirm any information obtained from or through our Websites with other sources, and review all information regarding any medical condition or treatment with your medical practitioners.
LIMITATION OF LIABILITY
You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Websites, your reliance on anything contained in or omitted from the Websites, being unable to access the Websites for any reason (including our negligence) or the failure of the Websites for whatever reason (including our negligence).
Subject to the terms set out below under the heading ‘Australian Consumer Law’ and to the maximum extent permitted by law, our maximum liability for all claims related to the Websites and your use of the Websites will be an amount not exceeding the amount paid by you to us in the 12 month period preceding your claim. This limit applies collectively to us and our related entities, directors, officers and agents. We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim arising out of or related to your account, or any services you use, more than twelve months after the cause of action arose.
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
AUSTRALIAN CONSUMER LAW
If you constitute a consumer under the Australian Consumer Law while using the Websites, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Websites. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.
These Terms are governed by the laws of Victoria, Australia.
‘Synergie Skin Pty Ltd is an Australian Company which has no connection with the EU trademark SKINSYNERGY® owned by Ferndale Pharmaceuticals Ltd and used by its commercial division AesthetiCare®’