Terms of use

TERMS OF USE

Our Terms of Use explains the conditions of using the Website, www.skincolab.co.za, which have been reasonably communicated for any persons who continue to use the Website.

By continuing to use the Website, you agree to the Terms of Use as describes hereafter, which you have read and understood without any coercion and without any objection. You also agree and acknowledge that SkiNcolab may from time to time update, modify, add, remove or otherwise change the Terms of Use at its discretion, without prior notification.

  1. PRIVACY

By accessing the Website, you agree that we may collect and process personal information about you in accordance with our Privacy Policy.

  1. INTELLECTUAL PROPERTY RIGHTS

All materials published on the SkiNcolab website are protected by copyright and owned or controlled by SkiNcolab or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of SkiNcolab or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of SkiNcolab or are used by SkiNcolab under license. SkiNcolab will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.

  1. SUPPLIER OF GOODS OR SERVICES DETAIL

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002, the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:

Supplier is:

SkiNcolab (“Supplier”),

a personal liability company duly registered and existing under the laws of South Africa with registration number: 2016/235709/07

VAT registration number: 4880277159

physical and postal address at 225 2nd Street, Corner 16th Road, Halfway House, Midrand, 1685.

Tel: +27 11 809 4000

Supplier’s place of registration is at 225 2nd Street, Corner 16th Road, Halfway House, Midrand, 1685.

Supplier will accept legal service at 225 2nd Street, Corner 16th Road, Halfway House, Midrand, 1685.

Supplier’s directors are R M Priebatsch / M R Priebatsch K C Makua / V Naicker

Supplier’s website is www.skincolab.co.za and its customer support email address is [email protected]

  1. YOUR CONSENT

By using this Website or communicating with Us by electronic means, You consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

  1. YOUR OBLIGATIONS AND RESPONSIBILITIES

You agree to comply with these Terms and any special warnings or instructions for access or use posted on the Website. You agree to always act in accordance with the law, custom and in good faith. You may not change or alter the Website or any Content or services that appear on the Website and You may not, in any way, impair the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms, you are liable for any and all losses and damages caused to Us, our affiliates, subsidiaries, partners or licensors, by your negligent or willful default of any of the obligations contained in these Terms.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION

Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and We, the Owners, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.

Neither We nor any holding company, affiliate or subsidiary of Us or the Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law. Links appearing on this Website are for convenience only and We, Our affiliates, or Our partners do not endorse the referenced product, service, content or supplier. If You link to or from any off-website pages or other websites, You do so at Your own risk. We do not assume responsibility for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Website. We also do not assume any responsibility or liability for the content, products, services or actions of such pages and websites, including, without limitation, their privacy policies and terms and conditions. The terms and conditions and privacy policies of all off-website pages and other websites that You visit should be carefully reviewed by You.

Our Website provides cosmeceuticals and skin related care products for sale. The use of any product bought from this Website is at Your risk. You and any other users indemnify Us, our affiliates and subsidiaries and hold Us, our affiliates and subsidiaries harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

We attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on this Website are accurate, complete, reliable, current, or error-free.

Use of the website is at your sole responsibility and risk. This website is presented on an “as is” and “as available” basis. We expressly disclaim all representations, warranties or conditions of any kind, whether express or implied, including but not limited to any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, non-infringement, fitness for a particular purpose, accuracy, quiet enjoyment and title, except to the extent such representations and warranties are not legally excludable. Despite any warranty we may give, we will not be liable for any defect arising from your negligence, failure to follow instructions (whether oral or in writing) or misuse. You agree that, to the fullest extent permitted by applicable law, regardless of the form in which any legal action may be brought (whether in contract, delict (including negligence) or otherwise), our maximum aggregate liability for direct damages for anything giving rise to legal action will not exceed one thousand rand. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential loss or damage (whether foreseeable or unforseeable) of any kind whatsoever and howsoever caused (including (a) lost profits, (b) interruption of business; (c) access delays or access interruptions to this website; (d) data non-delivery, missed delivery, corruption, destruction or other modification; (e) loss or damages of any sort incurred as a result of dealings with or the presence of third party links; (f) computer viruses, system failures or malfunctions which may occur in connection with your use of this site, including during hyperlink to or from third party websites (g) any inaccuracies or omissions in content or (h) events beyond our reasonable control. You agree that no claims or actions arising out of, or related to, the use of this website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of this site or breach of these terms. You also agree to indemnify us for any losses, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

  1. ONLINE ASSESSMENT

The online skin assessment on this website, www.skincolab.co.za, does not replace proper consultation with a Healthcare professional or Dermatologist.

  1. PRIVACY, ACCESS TO AND USE OF INFORMATION

We receive various types of information (“Information”) from You when You access the Website, including personal information as detailed in the Protection of Personal Information Act (“POPI”), Act 4 of 2013, the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”). Personal Information means information that can identify you as an individual or can identify you. By Personal Information we do not mean general, statistical, aggregated, or anonymised information.

We take your privacy seriously and are committed to protecting your Personal Information. We use the Personal Information that we collect from you in accordance with this clause.

Your use of Our services signifies your consent to Us collecting and using Your Personal Information as specified below.

The processing of your Personal Information as described below is necessary to meet our contractual obligations to You, to meet Our legal obligations, or to meet Our legitimate interests in providing Our services. Our legitimate interests may include providing You and others with a secure environment, analysing, improving, and better tailoring Our products and services, being more efficient, fulfilling any contracts You have with Us and helping to prevent fraud.

How we collect Your Personal Information:

You provide Personal Information to Us when creating an account with Us;

You may provide Personal Information to Us when communicating with Us; 

You may provide Personal Information to Us when interacting with our Website;

If you enter a competition or participate in a promotion, we will ask for relevant Personal Information.

What Personal Information do we collect?

Contact Information and other identifiers, including your name, mailing address, phone number, email address, and other information that enables Us to contact You;

Health Information, including information about Your skin obtained from Online Skin Assessment that you may choose to complete, and information that you provide to Our skincare consultants;

Verification Information, including Your personal photograph, photo ID or government issued identification, and date of birth;

Payment Information, including your credit or debit card details, bank account information, and payment or other information required when you make a purchase;

Communications, and any other information that you intentionally share, send, or receive using the services, including your e-mail, SMS, WhatsApp, requests made through feedback platforms, automated chatbots or similar technology, and any other information you choose to share with us — including your photos, videos, blog entries, interests, hobbies, lifestyle choices, and groups with which you are affiliated — and that you send or receive using the services;

Device and Usage Information, including information about your computer or device and Internet or other electronic network activity information.

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.

How we use your information. We may use Your Personal Information to:

To meet Our contractual obligations with You;

Diagnose any issues that you have with Your skin and suggest relevant skincare products;

Send You Your orders and confirm that your orders have been received; 

Validate you as a customer when using our services and calling our help desk;

Prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; 

Prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.

How long do we keep your Personal Information for?

The time periods for which we keep your Personal Information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

Disclosing your information to third parties. 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. We provide relevant Personal Information to the following categories of third parties:

Our e-commerce platform & certain payment service providers; 

Our inventory and order management platform provider;

Our accounting platform provider;

Our customer relationship management platform provider;

Our service desk platform provider;

Our transactional email platform provider;

Our email marketing platform provider;

Our data or third party data backup providers may include Google and Amazon Web Services. 

Our logistics platform providers and partners, required for the delivery of products that You order.

How can you manage your privacy preferences?

If you would like us to stop processing or storing your Personal Information for any reason, please write to us at [email protected] allowing us 14 (fourteen) working days to complete your request. You may also write to Us to request what Personal Information we currently hold of Yours.

  1. INTERCEPTION OF COMMUNICATIONS

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.

Us 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 Us 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.

We 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.

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.

  1. TESTIMONIALS

Written testimonials submitted by way of our 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 listed on www.skincolab.co.za, including but not restricted to, SkiNcolab website www.skincolab.co.za, SkiNcolab email subscribers list and/or SkiNcolab 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).

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