Terms & Conditions

Last updated: 17th August 2021. 

Welcome to the wonderful world of Holliday Skin! The site www.hollidayskin.com.au and its official variations including each subdomain and mobile version (“Site”) is operated by xxxx pty. Ltd. (“we” or “us”). Where relevant in relation to a Transaction, “we” or “us” may also refer to another legal entity in the xxx group, as set out in Section 9.1.

By accessing, browsing and/or using the site in any way, you acknowledge and agree to be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, you should not access, browse, or use the Site.

Please read these terms carefully as they may contain provisions that affect your legal rights. 

1. CHANGES TO THESE TERMS OR THE SITE

1.1   We reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to change or modify these Terms, and it is your responsibility to return to this page to review any changes that have been made. Any changes or modifications will be effective upon posting the revisions on the Site. You should frequently review these Terms to understand the terms and conditions that apply to your use of the Site.

1.2   We reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to suspend or discontinue the Site (or any part thereof) temporarily or permanently.

1.3   We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site.

2. USE OF SITE

2.1   We hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only to shop for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as expressly permitted by us in advance. We reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to terminate your license to use the Site or to block or prevent your future access to or use of the Site.

2.2   We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of these Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification assigned to you whether or not such access to and use of this Site is authorized by you, including, without limitation, all communications, transmissions and obligations (including financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

2.3   You must be 18 years or older to access the Site or purchase our Products.

3. OUR INTELLECTUAL PROPERTY

3.1   All text, photographs, designs, graphics, logos, button icons, images, audio clips, video clips, software, code, meta tags, features, functionality and other materials on the Site, and the collection, arrangement and assembly thereof (any of which is "Content"), as well as The Holliday Skin brand, logos and designs (“Marks”), are owned by or licensed to us and: (a) are protected by national and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws; and (b) except as expressly provided in these Terms, may not be used, modified, copied, displayed, transmitted, published, reproduced or distributed in any way or form without our express prior written permission. 3.2   No right, title, or interest in or to the Site or any Content or Marks, except for the nonexclusive, limited license expressly granted to you under Section 2.1, is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

4. USER CONTRIBUTIONS

4.1   Users of the Site may at various times submit, post, upload, display, distribute, transmit, publish or provide to us (whether through our Site or another third party site, software, application or other means) (“Submit”) ratings, reviews, questions, comments, information, photographs, ideas, know-how, techniques, suggestions, text, photographs, images, audio clips, video clips and other content or materials (excluding credit card information) (“User Contributions”).

4.2   All User Contributions You Submit are and will be treated as non-confidential and non-proprietary. By Submitting any User Contribution, you grant us the royalty-free, worldwide, perpetual, irrevocable and transferable license (including a full waiver of any moral rights) to use, copy, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, edit, reverse-engineer, disassemble, decompile, delete in its entirety and create derivative works from (by any means and any form) such User Contribution, for any reason (including marketing and promotions) and across any channel (including emails, social media and the Site). This license will survive the termination of these Terms and your use of the Site.

4.3   You represent and warrant that you own or otherwise control all of the rights to any User Contribution that you Submit and that use of your User Contribution by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any User Contribution.

4.4   You are solely responsible for the content, accuracy and lawfulness of any User Contribution that you Submit. You shall not submit any User Contribution that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, offensive or could give rise to any civil or criminal liability under any applicable law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or (d) does not comply with any relevant consumer or advertising law, including concerning disclosure of incentives in exchange for providing the User Contribution.

4.5   We do not guarantee the content, accuracy, or lawfulness of any User Contributions. Where a User Contribution violates these Terms or other relevant terms, we may (but shall not be obligated to) remove or edit the User Contribution. In some circumstances, we will have no control over the removal or editing of the User Contribution, for example where it is Submitted through a third-party application, site, software or other means.

4.6   Under no circumstances will we be responsible to you or any third party in any way for any User Contribution.

4.7   We have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone Submitting a User Contribution and you waive and hold us harmless from and against any claim in connection with such disclosure.

5. PRIVACY POLICY

5.1   Please review our Privacy Policy, which also governs your visit to this Site, for information about how we collect, use, disclose and otherwise process information about you.

5.2   To the extent that any User Contribution contains personal information including but not limited to your name, location and photographs of yourself (“Personal Information”), you grant us the right to use the Personal Information in connection with the User Contribution. You have the right to contact us at any time to request for your Personal Information to be removed or deleted. Please see our Privacy Policy for more details.

6. LINKS

6.1   You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement with us without our express prior written consent. We may provide certain social media features or affiliate links that enable you to link from your own or third-party websites or send emails or other communications with certain content, or links to certain content, on the Site. You may use these features solely as, and for the purpose for which, they are provided by us, and comply with any relevant terms and conditions associated with such programs.

6.2   The Site may contain links to other sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site or liable for any losses or damages you experience from such site.

7. PRODUCT INFORMATION

7.1   We display various products from time to time on the Site including, without limitation, individual, bundled, full size, sample, seasonal and gift-with-purchase products, which may be purchased by you through this Site or a third-party site (“Product/s”).

7.2   All information we provide relating to the Products is intended to be used for informational purposes only. We do not give nor intend to give medical advice. It is your sole responsibility to ensure the Products are sufficient and suitable for your purposes and meet your requirements, and to consult a licensed physician or qualified healthcare practitioner for advice, diagnosis or treatment of any health-related condition. The Products are not intended to diagnose, treat, cure or prevent any condition or disease.

7.3   All Products should be used and stored strictly per their instructions, precautions, and guidelines. Products are intended for adult use only and should be kept out of reach of children. You should always check the ingredient list for potential allergens. If you develop any symptoms whatsoever, stop using the Product immediately and consult your licensed physician or qualified healthcare practitioner.

7.4   Every individual is different and therefore results may vary from person to person and are not guaranteed. We are not responsible for failure to achieve expected results for any reason whatsoever.

8. PRODUCTS FOR PERSONAL USE ONLY

8.1   Any Products you purchase or receive are for your personal use only. You may not use any Product or part thereof for any commercial use or any use that would benefit a commercial party. You may not reproduce, distribute, display, sell, resell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit any product or part thereof.

9. PURCHASE OF PRODUCTS

9.1 To submit an order for Products (Order), you must

1. Create an account with Holliday Skin on this website by registering your details and creating a username and password; and
2. Complete and submit the online order through your The Holliday Skin account.

9.2 The Holliday Skin reserves the right to refuse any order. In such case, The Holliday Skin will notify you as soon as reasonably practicable and refund to you any payment in full.

9.3 All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Holliday Skin reserves the right to take legal action against the unauthorised and unofficial sale of goods.

10. PRODUCT SHIPPING AND RETURNS

10.1   The terms and conditions contained in the Shipping and Returns pages on our Site are hereby incorporated into these Terms and apply to each Transaction. Please review these carefully before you enter in any Transaction.

11. PROMOTIONS

11.1   Additional terms and conditions may apply to certain offers, promotions and competitions. Please refer to the email, webpage, social media page, or other relevant medium or channel where the particular offer, promotion or competition is being made.

12. TERMINATION

12.1   In addition to any other legal or equitable remedies, we reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to immediately refuse to process, cancel or terminate any order, Transaction or account, limit the number of Products purchased, suspend, terminate or deny you access to and use of the Site in whole or in part (including revocation of any password or account identification issued to you) or otherwise refuse service to you for any reason including, without limitation, due to unavailability of Products, incorrect pricing or other information, suspected fraud, unauthorized or illegal activities including unauthorized reselling, or if your conduct violates these Terms, any applicable law or is harmful or contrary to our interests.

12.2   Any refusal, suspension, cancellation or termination shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.

13. DISCLAIMER AND LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS.

13.1   This clause prevails over all other clauses and sets forth the entire liability of us, our directors, officers, agents, employees, subsidiaries and related parties, and your sole and exclusive remedy, in relation to the Products, the Site and any Transaction. THE PRODUCTS, THIS SITE AND ANY TRANSACTIONS ARE PROVIDED BY HOLLIDAY SKIN ON AN “AS IS” and “AS AVAILABLE” BASIS. EACH RELATED PARTY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH RELATED PARTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA AND INFORMATION ACCURACY AND SYSTEMS INTEGRITY. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, TYPOGRAPHICAL ERRORS OR OTHER CONTENT ERRORS. EACH RELATED PARTY DOES NOT WARRANT THE CONTENT ON THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED OR ERROR-FREE. You should use only the version of the Site dedicated to your country or geographic region and also confirm the accuracy and completeness of information through sources other than the Site before making decisions in relation to the Products. Each Related Parties disclaims all liability and responsibility arising from any reliance placed on information posted on the Site by you or any other visitor, or by anyone who may be informed of any of its contents.

13.2   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH Related Parties WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS SITE OR ANY TRANSACTIONS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

13.3   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY TO YOU OF ALL Holliday Skin Entities FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS SITE OR ANY TRANSACTIONS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO THE SUPERNOVA ENTITIES DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO THE LIABILITY.

13.4   Nothing in these Terms is intended to affect your rights under the law in your usual place of residence that cannot be altered by these Terms. If there is a conflict between those rights and these Terms, your rights under applicable local law will prevail.

14. INDEMNIFICATION

14.1   You agree to defend, indemnify and hold harmless each Related Parties from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees arising out of or in connection with: (a) your use of the Site or a Product; (b) your breach of any of these Terms; (c) your breach of any laws or rights of a third party (including, without limitation, any copyright, property or privacy right); or (d) any User Contribution made by you.

14.2   This indemnification obligation will survive the termination of these Terms and your use of the Site.

15. REMEDIES

15.1   You agree that the remedy at law of a Related Parties for any actual or threatened breach of these Terms would be inadequate and that each Related Parties shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that it may be entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

15.2   No right or remedy of a Related Parties shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses.

16. DISPUTES

PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS A BINDING ARBITRATION CLAUSE THAT AFFECTS YOUR LEGAL RIGHTS.

16.1   Most disagreements can be resolved informally and efficiently by contacting our Customer Service team at hello@hollidayskin.com.

16.2   You and each relevant Related Parties agree that any dispute, claim or controversy arising out of or relating in any way to the Products, the Site, any Transaction or these Terms, including any question regarding their existence, validity or termination (“Dispute”), will be referred to and finally determined by confidential arbitration in Australia.

 

17. CLASS ACTION AND JURY TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER WHICH AFFECTS YOUR LEGAL RIGHTS.

17.1   YOU AND WE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER THROUGH A COURT OF LAW OR ARBITRATION, SHALL BE SOLELY CONDUCTED ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS, NOR ATTEMPT TO JOIN THE DISPUTE TO, ANY CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Further, if you have elected arbitration limit number unless both you and each relevant Related Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

17.2   YOU AND EACH Related Parties HEREBY WAIVES ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. In the event, any litigation should arise between you and a Related Parties in any court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE RELEVANT Related Parties WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute is resolved by a judge.

18. GENERAL

18.1   No Waiver. Any failure by us to enforce any provision of these Terms or a Transaction is not a waiver of such provision or right. Any waiver of our rights must be in writing, signed by us, and any such waiver shall not operate as a waiver of any future breach.

18.2   Severability. If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

18.3   No Assignment. You may not assign any rights relating to these Terms or a Transaction, in whole or in part, without our prior written permission. Any purported assignment without such permission shall be void.

18.4   Entire Agreement. These Terms document the entire agreement between you and the relevant Holliday Skin Entities for its subject matter and supersede all prior or contemporaneous or additional communications, negotiations or agreements.

18.5   Language. The official language of these Terms is English. A translation of these Terms may be provided for country-specific versions of the Site but, in the event of a conflict between any English and non-English version, the English version of these Terms shall prevail. To the extent permitted by applicable law, in the event of a Dispute, the parties will ensure all related documents are drafted in English. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.

18.6   Governing Law. These Terms and any Transaction (including all non-contractual obligations arising out of or connected to them) shall be governed and construed per the laws of Australia. Subject to Section 16.6, both you and each Related Parties hereby submit to the exclusive jurisdiction of the Australian courts.

If you have any questions or comments regarding this Site or these Terms, the easiest way to contact us is at hello@hollidayskin.com.