Website Terms & Conditions

Welcome to Minimal Skin. Please take some time to read the following conditions applicable to the use of this website.

The following terms and conditions, along with Minimal Skin’s policies such as the Privacy Policy and other customer service policies, govern the use of minimalskin.com and constitute the entire agreement between the contracting parties. By browsing the site or by signing up as a member, you agree to be bound by the conditions listed below as amended from time to time.

Minimal skin enjoys interacting with you via Facebook and Instagram. These terms and conditions also govern how Minimal Skin will interact with you on social media platforms.

REVIEW OF TERMS

These terms and conditions are subject to change from time to time without notice. Use of the site will be governed by the terms and conditions in force upon the date of that transaction.

Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the site.

Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Minimal Skin reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

CAPACITY TO CREATE A MEMBER PROFILE

A member profile can only be created with Minimal Skin by persons with capacity to form a contract, who are over the age of 18, unless they have the permission or consent of their parent or guardian.

SECURITY

Where you have created a member profile you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information are fully responsible for all conduct carried out under this password and profile. Minimal Skin is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Minimal Skin kindly requests that you promptly report any unauthorised use of your password.

INTELLECTUAL PROPERTY

All content on this site, including without limitation text, icons and graphics are the property of Minimal Skin or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

ADVICE AND INFORMATION

The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific skin conditions.

The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

Use of the site is not meant to serve as a substitute for professional advice. The site provides an online store for specialty products. Please consult with your skincare professional regarding the use of any goods, products or information received from the site before using or relying on them. Minimal Skin does not give or intend to give any answers to medical related questions. No prescription medications or medical treatments are intentionally provided on the site.

Whilst Minimal Skin has tried to accurately display the colours of products, the actual colours you see will depend on your device, ambient lighting and other factors beyond Minimal Skin’s reasonable control, and may not accurately reflect the colour of the product.

SOCIAL MEDIA

Our general policy is not to delete your comments on Minimal Skin’s social media pages, even if they are very critical, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or Minimal Skin employee/s; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off topic.

While being very supportive of lively, open discussion, the right is reserved to block any users who don't comply with simple decency, or who are otherwise deemed to be behaving inappropriately.

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by law, Minimal Skin will not be reasonable or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.

You agree to defend, indemnify and hold Minimal Skin (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the site; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

BREACH AND TERMINATION

If, in Minimal Skin’s reasonable opinion, you have breached any provision of this agreement Minimal Skin may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate this agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

INTERFERENCE WITH THE SITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.

APPLICABLE LAW AND JURISDICTION

Minimal Skin (www.minimalskin.com) is created and controlled in Western Australia, Australia. These Website Terms and Conditions are governed by and construed in accordance with the State of Western Australia, Australia. By using this site you submit to the jurisdiction of the courts of Western Australia, Australia and agree that any legal action will only be commenced in these forums.

GENERAL

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Minimal Skin’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

Effective as at April 2020