Terms of Use

TERMS OF USE

1. INTRODUCTION

1.1 Your use of and access to our website, social media platforms, blogs and forums (the "Channels") is subject to the following terms and conditions as well as other terms and policies you may find on the Channels (collectively the "Terms and Conditions").

1.2 By accessing or using the Channels, you are entering into a legally binding agreement with PS SKIN PTE. LTD. (UEN: 201403632N) ("we" or "our" or similar pronoun). By using the website, you signify your acceptance of the terms in consideration of which we provide you with access and you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions.

1.3 The Channels operate as an e-commerce website selling certain dermatologically formulated skincare and other products trading by the brand name (the "Products"). For the purposes of these Terms and Conditions, "you" shall mean any user of the Site, whether you purchase the Products or not.


2. TERMS OF SALE

2.1 Acceptance of order. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

2.2 Administrative Errors. Whilst we try and ensure that all details, descriptions and prices which appear on our Channels are accurate, errors may occur. If we discover an error in the price of any Product which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of Goods and Services Tax ("GST"). Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

2.3 Rights in the event of errors. The Channels may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the Product(s) that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

2.4 Pre-authorisation check. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted and shipped.

2.5 Order confirmation. Upon confirmation of your order, an order confirmation email will be sent to you, which will include the purchase price of the Product(s) inclusive of GST. When the purchased Product(s) are ready to be shipped, a shipping confirmation email will be sent to you, containing the tracking number and carrier URL so that you can track your order.


3. PRODUCTS

3.1 Not medical products. The Products available on our Channels are NOT medical products. No claims or representations are being made as to any medically therapeutic properties or benefits associated with the Products.

3.2 Not returnable. Due to the nature of the Products, all purchases are final and are not returnable or refundable. Please carefully consider all Product information provided.

3.3 First time users. Before you make a purchase, note that you bear the risk that the Product may not be suitable for you. If you are a first time user, we strongly advise you to perform a skin patch test before using the Product. If you develop any adverse reaction, do not continue to use the Product. Seek medical treatment if your symptoms do not resolve satisfactorily.

3.4 No warranties. We disclaim all warranties of any kind, including the implied warranties of merchantability and fitness for a particular purpose with respect to the Products and services listed or purchased on our Channels (whether under the Sale of Goods Act (Cap. 393) of Singapore or otherwise).

3.5 Disclaimer of liability. Without limiting the generality of clause 3.4, the foregoing we expressly disclaim all liability for product defect or failure, not following the printed instructions on the Products, product misuse or modification and/or abuse.


4. ACCURACY OF INFORMATION

4.1 No warranty (accuracy). Whilst we make every reasonable effort to update the information provided on our Channels, we do not warrant that the Product descriptions and other information available on our Channels are accurate, complete, current, or free from error. To the extent permitted by law, no representation or warranty of any kind whatsoever (whether express or implied) is being made in connection with the information on our Channels.

4.2 No warranty (effects of Products). As individual responses may differ (including the fact that some people may develop skin reactions or other adverse effects to the ingredients used in our Products or in combination with other products being used by the individual), we make no guarantees, representations or warranties as to the effects of the Products, and whether you may benefit from use. Please heed the advice and warnings with regard to testing the Products for possible skin reactions, and seeking medical attention if in doubt.


5. PRIVACY POLICY

Our Privacy Policy, which sets out how we will use your information, can be found at https://psskin.sg/pages/privacy-policy. By using our Channels, you consent to the processing described therein and warrant that all data provided by you is accurate. You have read our Privacy Policy, the terms of which are incorporated herein and which are an integral part of the Terms and Conditions, and you agree that the terms of such policy are reasonable.


6. YOUR ACCOUNT

6.1 Age restriction. You may create an account at our website if you are over 18 years of age. Please do not register if you are below 18 years of age.

6.2 Single user account. Each registration is for a single user only. You remain responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If you are accessing and using our website on someone else's behalf, you are taken to represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to be liable for any wrongful use of the website resulting from such access or use.

6.3 Accuracy of information. When registering to create your account, you represent and warrant that all registration information you submit is accurate, truthful, complete and lawful. You further warrant that you will maintain the accuracy of such information and update the information as and when necessary, and agree that you are responsible for all activities that occur under your account, username and/or password. Sharing of accounts, accessing our website through a single account made available to multiple users on a network, and unauthorised use of another's account is prohibited.

If you provide any information that is inaccurate, untrue, incomplete or unlawful, or if we have reasonable grounds to suspect that such information is inaccurate, untrue, incomplete or unlawful, we have the right to suspend or terminate your account and refuse any and all current or future access to and use of our website.

6.4 User undertakings. We grant you a limited, non-exclusive, non-transferable right to use or access or visit our Channels in accordance with the Terms and Conditions. You agree that you:-

6.4.1 shall not employ misleading email addresses and other contact details or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through our Channels;

6.4.2 shall not copy, reproduce, republish, upload, post, transmit distribute or otherwise communicate to the public any of the content provided in our Channels, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, without our prior written permission, except that you may download, display and print the materials presented on our Channels solely for your personal, non-commercial use only;

6.4.3 shall not alter, modify, translate, decompile, adapt, disassemble, reverse engineer or create derivative works from any content or component from our Channels without our prior written permission;

6.4.4 shall not use any "robot," "spider", "crawler" or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on our Channels, in any case without our prior written permission;

6.4.5 shall not transmit or otherwise transfer any web pages, data or content found on our Channels to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. The use of such materials on any other website or in any environment of networked computers is prohibited; and

6.4.6 shall not post or transmit any information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (iii) contains a virus, bug, worm, time bomb, trojan horse, trap door or other harmful item, (iv) is used to unlawfully collude against another person in restraint of trade or competition, or (v) creates any liability on us or causes us to lose (in whole or in part) the services of our internet service providers or other suppliers.

6.5 Liability for damages. You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other loss or harm resulting from your use of, or access or visit to our Channels.

6.6. Termination of account. We reserve the right to refuse service and/or terminate accounts without prior notice if in our opinion there is a breach of these Terms and Conditions or that it would otherwise be in our interests to do so, without any liability whatsoever.

6.7 Agreement to receive communications. By creating an account on our website, you agree to receive certain communications in connection with use of our website, such as requests for review of Products. You will also receive our marketing emails such as our newsletters. For more information please refer to our Privacy Policy found at https://psskin.sg/pages/privacy-policy.


7. INTELLECTUAL PROPERTY

7.1 Ownership of Content. All information and content available on our Channels and its design and representation including but not limited to trademarks, logos, service marks, text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like (the "Content"), the trade dress of the Site and any and all trademarks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to us, and subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions acceded to by Singapore. Accordingly, no portion of the Content, Marks, or the Channels may be used, reproduced, duplicated, modified or otherwise exploited for any purpose without our prior written consent.

7.2 No estoppel. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any right or licence to use, copy or imitate any Marks without prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.


8. THIRD PARTY LINKS

You acknowledge that we are not responsible for the accuracy, content, legality or any other aspect of any off-website pages or any other websites linked to or from our Channels. In no event shall any links that may appear on our Channels, or any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party. In the event that you should decide to link to or from any off-website pages or other websites, this shall be entirely at your own risk. In no way will we be responsible for examining or evaluating or making any representations with regards the subject of any off-website pages or any other websites linked to or accessed from this site, nor do we assume any responsibility or liability for such pages and websites. You are reminded to carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you may visit.


9. INDEMNITY

You agree to indemnify and defend us and our directors, officers, employees, consultants, agents, and affiliates ("Relevant Parties") and hold the Relevant Parties harmless, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of our Channels or your breach of the Terms and Conditions.


10. AMENDMENTS

We reserve the right at our sole discretion to change these Terms and Conditions at any time by posting the changes on the Site. Any changes shall be effective immediately upon posting to the Site. Your continued use of the Site thereafter shall constitute your agreement to the revised Terms and Conditions.


11. APPLICABLE LAWS

These Terms and Conditions are governed by Singapore Law. Both you and we irrevocably submit to the non-exclusive jurisdiction of the Singapore courts for any legal proceedings relating to these Terms and Conditions. If we agree with you that arbitration would be an appropriate forum, we may jointly refer the dispute for arbitration.


12. RIGHTS OF THIRD PARTIES UNDER THIS AGREEMENT

Third parties who are not involved in this Agreement cannot enforce it under the Contracts (Rights of Third Parties) Act (Cap 53B).
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