TERMS & CONDITIONS

Synergie Skin Pty Ltd | ACN 119 198 560 | ABN 13 472 242 412 | (‘we’, ‘our’ and ‘us’) provides you with use of and access to https://synergieskin.us and any other websites owned or operated by us or our related entities, subdomains of such websites and all related top-level domains, mobile sites, apps, APIs and widgets (‘Websites’) subject to these terms of use (‘Terms’) and our Privacy Policy as amended from time to time (‘Privacy Policy’).

Your access and use of this site is conditional upon your acceptance and compliance with the Terms and our Privacy Policy. By using, browsing or otherwise accessing the Websites, you agree to be bound by these Terms and our Privacy Policy.

‘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.

VARIATION

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;

• pose as any person or entity or attempt to solicit money, passwords or Personal Information (as set out and defined in our Privacy Policy) from any person;

• 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.

REPORTING VIOLATIONS

You may report any suspected violation of these Terms to us by using the following email link info@us.synergie.com. We will investigate the matters and take any actions we consider appropriate.

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.

PRIVACY

Our Privacy Policy is incorporated into these Terms.

COOKIES

Cookies are small pieces of information captured when your device is used to access online content.  Our Privacy Policy outlines how we use cookies.  If you disable cookies on your browser or device, you may not be able to experience all features of the Websites.

DISCLAIMER

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.

MEDICAL DISCLAIMER

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.

INDEMNITY

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.

GOVERNING LAW

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®’