terms & conditions

OVERVIEW

The Skin Insider website is operated by Anjali Tiscia (ABN: 12 881 860 676). Throughout the site, the terms “we”, “us” and “our” refer to The Skin Insider. Access to and use of the website or any of its associated products or services by you is conditioned upon your acceptance of all terms, conditions and policies outlined here and within our Privacy Policy. If you do not agree with the Terms and Conditions set out by The Skin Insider, you must cease usage of the website, or any of the services, immediately.

The Skin Insider reserves the right to review and change any of the Terms and Conditions by updating this page at our sole discretion. We recommend you check the website periodically to ensure you are up to date with our current Terms and Conditions. The content and information on this website are subject to change without notice. 

ACCEPTANCE OF TERMS

You accept the Terms and Conditions by remaining on and utilising the website. Your continued use of or access to the website subsequent to any changes made to the Terms and Conditions constitutes acceptance of these changes. 

You may use our website to connect with our services, access information and content and make purchases. 

YOUR OBLIGATIONS

To use The Skin Insider website, products, services or associated sites, you agree to comply with the following:

• you will use the website, products and services only for purposes that are permitted by the terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 

• you can only use our website for lawful purposes (such as researching our goods and services, accessing our information and content or contacting us) in a manner consistent with the nature and purpose of the website and in a way that does not impact on anyone else’s use of the website;

• you will not use the website or the services in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Skin Insider;

• you will not use the website or the services for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for any purpose;

• you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from the website without notice and may result in termination of the services. Appropriate legal action will be taken by The Skin Insider for any unauthorised use of the website;

• you will not tamper with or modify our site, including uploading any file or object that contains prohibited content, including malware (bugs, viruses, ransomware, trojan horses, piracy or programming routines) that may damage or interfere with our website;

• you will not use our website or services to defame, harass, threaten, menace or offend any person;

• you will not facilitate or assist a third party to do any of the above;

• you will not use our website and its content in any way that competes with The Skin Insider

  
  

COPYRIGHT AND INTELLECTUAL PROPERTY

The Skin Insider website (including its content), the services and all of the related products are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of the website (including but not limited to, text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements, layout and interactive features) or the services are owned or controlled for these purposes, and are reserved by The Skin Insider or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by The Skin Insider, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a user to:

• use the website pursuant to the Terms and Conditions;

• copy and store the website and the material contained in the website in your device’s cache memory;

• print pages from the website for your own personal and non-commercial use

The Skin Insider does not grant you any other rights whatsoever in relation to the website or the services. All other rights are expressly reserved by The Skin Insider. 

The Skin Insider retains all rights, title and interest in and to the website and all related services. Nothing you do on or in relation to the website will transfer any:

• business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;

• right to use or exploit a business name, trading name, domain name, trade mark or industrial design;

• thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process)

You may not, without the prior written permission of The Skin Insider and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the website, website content or services.

If you would like to share our website, services or social media content that is freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute and link back to The Skin Insider. If you would like to share, re-publish or otherwise utilise our website or content in a way that is not authorised as per these Terms and Conditions, please get in contact with us on the details below to discuss.

PROMOTION

If you share images or video content (or any other depiction) of our website or services on your social media, you provide to us your unconditional consent to share your content on our social media with the appropriate attribution to you when reposted. 

COMPETITORS

If you are in the business of providing similar services for the purpose or providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of The Skin Insider. Competitors are not permitted to use or access any information or content on our application. If you breach this provision, The Skin Insider will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach. 

PRIVACY

The Skin Insider takes your privacy seriously and any information provided through your use of the website and/or services are subject to The Skin Insider’s Privacy Policy, which is available on the website.

LINKS TO OTHER WEBSITES

The Skin Insider website, services and social media may contain links to third party websites or services that are not owned or controlled by The Skin Insider.

The Skin Insider does not have any control over the content, privacy policies or practices of any third party websites or services and assumes no responsibility for such. These links are provided for your convenience to provide you with additional information or products, however we do not necessarily endorse or support the views, opinions, standards or information expressed on them as we do not have control over the content, services or goods on these websites. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third party websites or services that you visit. 

You acknowledge that The Skin Insider assumes no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection to the use of any content, goods or services available on or though any such third party websites or services.

Affiliates Disclaimer

The Skin Insider website contains links to affiliate websites and we receive an affiliate commission for any purchases you make through the affiliate website using these links. 

GENERAL DISCLAIMER

Nothing in the Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms and Conditions are excluded;

• The Skin Insider will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or these Terms and Conditions (including as a result of not being able to use the services or the late supply of the services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise

We make the website available to you, however use of the website and the good/services is at your own risk. Everything on the website and the services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contractors, contributors and licensors of The Skin Insider make any express or implied representation or warranty about the services or any products (including the products or services of The Skin Insider) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other malware, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

• the accuracy, suitability or currency of any information on the website, the services, or any of its services related products (including third party material and advertisements on the website);

• costs incurred as a result of you using the website, the services or any of the products of The Skin Insider;

• the services or operation in respect to links which are provided for your convenience

ADVICE AND INFORMATION

The Skin Insider provides and publishes general and evidence-based information pertaining to the topics of health, skincare and related topics, believing it to be safe, accurate, appropriate and reliable at the time, however we do not give any warranty of accuracy, appropriateness and reliability.

Whilst the website contains evidence-based information about health provided by relevant qualified health professionals, any information and advice on our website is general in nature and is not intended to substitute for personalised dietetics, nutritional or medical advice. You agree that you should not rely on the information provided by The Skin Insider website and social media accounts as medical advice. You should consult a medical professional for personalised medical or dietary advice for your individual and specific circumstances. Unless required by law, we will not accept liability or responsibility for any loss or harm suffered due to your reliance on such information. 

LIMITATION OF LIABILITY

The Skin Insider’s total liability arising out of or in connection with the services or These Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you. 

You expressly understand and agree that The Skin Insider, its affiliates, employees, agents, contractors, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 

INDEMNITY 

It is your own responsibility to ensure that any information, services or goods available through The Skin Insider meet your specific requirements. You agree to indemnify The Skin Insider, its affiliates, employees, agents, contractors, contributors, third party content providers and licensors from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the website and services or resulting from any breach of the Terms and Conditions. 

CHANGES TO TERMS

The Skin Insider may, at any time, at our discretion and without notice, vary these Terms and Conditions by publishing the amended Terms and Conditions on The Skin Insider website. We recommend you check our website regularly to ensure you remain up-to-date with our current Terms and Conditions. The last update to this document was August 2024. Your continued use of the website indicates your acceptance of any revised terms.

TERMINATION OF CONTRACT

We may terminate or suspect your account and bar access to the website and services immediately, without prior notice or liability, under our sole direction, for any reason whatsoever and without limitation, including but not limited to, breach of the Terms and Conditions or where required by law.  

Disputes

If a dispute arises out of or relates to the Terms and Conditions, the party claiming there is a dispute must give written notice to the other party setting out the details of the dispute, the desired outcome and the action required to settle the dispute. 

On receipt of that notice by that other party, the parties to the Terms must:

• within 28 days of the notice, endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;

• if for any reason whatsoever, 28 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by The Skin Insider;

• the parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The parties must each pay their own costs associated with the mediation;

• the mediation will be held in New South Wales, Australia

Jurisdiction

As The Skin Insider is based in New South Wales, Australia, these Terms and Conditions will be governed by the laws of that state. In the event of any dispute arising out of or in relation to the website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Our website may be accessed throughout Australia and overseas. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our website. 

Governing Law

The Terms and Conditions are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. 

Severance

If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.

HOW YOU CAN CONTACT US ABOUT THESE TERMS AND CONDITIONS

If you have any questions, concerns or complaints about these Terms and Conditions, please email us at info@theskininsider.com.