Kandy Club Terms
SKINKANDY – STANDARD TERMS AND CONDITIONS
1. INTRODUCTION
1.1 These terms and conditions (Terms) apply when you purchase and/or use Goods and/or Services from SkinKandy Australia Pty Ltd (ACN 148 135 639) and/or SkinKandy NZ Limited (NZBN 9429051635848) trading as SkinKandy and/or any of its related parties, subsidiaries or franchisees (we, us, our, SkinKandy), and/or use the Site, in Australia and New Zealand.
1.2 By purchasing and/or using Goods and/or Services, and/or using the Site, you agree to be bound by these Terms, and any variations to them. When you use and/or purchase Services, you also agree to be bound by the Waiver Terms and Conditions which are available on the Site. For any inconsistency between these Terms and the Waiver Terms and Conditions, the Waiver Terms and Conditions prevail.
1.3 For the purposes of these Terms:
(a) “ACL” means the Australian Consumer Law 2011.
(b) “CGA” means the New Zealand Consumer Guarantees Act 1993.
(c) “CCA” means the Australian Competition and Consumer Act 2010 (Cth).
(d) “Entry Instructions Form” means the form used to enter into a Promotion.
(e) “FTA” means the New Zealand Fair Trading Act 1986.
(f) “Gift Card” means a gift card purchased from SkinKandy.
(g) “Goods” means the goods provided by SkinKandy, which may be purchased from our Site and/or Studio.
(h) “Member” means a member of the Program.
(i) “Program” means the loyalty program known as KandyClub.
(j) “Promotion” means a promotion run by SkinKandy.
(k) “Representatives” means all individuals engaged by or associated with SkinKandy including SkinKandy’s directors, employees, subcontractors and agents.
(l) "Services" means the services provided by SkinKandy to you which may include but are not limited to body piercing services, needle-free piercings, dermal insertion, jewellery downsize services, jewellery change-over services, consultations, free re-pierce, and styling/curation services. Services also include any ancillary, promotional, digital, administrative, or membership based services offered by SkinKandy from time to time, including participation in loyalty or membership programs such as the Program, the purchase or redemption of Gift Cards, bookings, events, promotions, and any other services made available by SkinKandy whether via its Site or Studio.
(m) “Site” means the official SkinKandy website (www.skinkandy.com).
(n) “Studio” means any SkinKandy store where the Services are provided to you, and/or where you can purchase Goods.
(o) “you” means the person engaging us to provide the Goods and/or Services, and/or uses our Site.
2. PRICES
2.1 All prices on our Site or in a Studio, are shown in the currency of the country of purchase of the Goods and/or Services, namely:
(a) Australia – AUD
(b) New Zealand – NZD
2.2 Prices for Goods and Services are current at the time of display, but may be updated by SkinKandy at any time without prior notice, except where prohibited by applicable law. We may from time to time offer discounts on our prices in respect of any or certain specified Goods and/or Services. The terms and conditions of such discounts will be specified at the time of issue.
3. PAYMENTS
3.1 Payments for Goods and Services on our Site and at our Studios, can be made using cash, EFTPOS, credit or debit cards, Gift Cards, buy now pay later payment options, any available in-store credit, or any other payment methods available at the time.
3.2 We may also, from time to time, offer alternative payment methods, which will be clearly indicated at the time of purchase. You are responsible for ensuring that your chosen method of payment is valid and has sufficient funds or credit.
4. GOODS ORDERS
4.1 You may place an order for Goods with SkinKandy via the Site or at a Studio. By placing an order with SkinKandy, you agree to comply with these Terms.
4.2 When you place an order via the Site, 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.
4.3 Unless otherwise provided for in these Terms, you may not cancel or amend your order (including the delivery address, or removing Goods) after your order has been placed. Please ensure all details provided are full and correct at the time of order placement.
4.4 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 processed your payment using your selected payment method.
5.1 You may request a Service through SkinKandy’s online booking system, via telephone or in person (including as a walk-in) at a Studio. By requesting a Service with SkinKandy, you agree to comply with these Terms.
5.2 SkinKandy is under no obligation to perform a Service solely because a booking has been made and/or confirmed, and may, at its discretion, accept, reschedule or cancel any booking at any time, providing as much notice as practicable of the cancellation to you.
5.3 You may cancel or reschedule a booking for a Service at any time, and no fees or charges apply unless SkinKandy has explicitly notified you of a cancellation fee in advance.
5.4 You acknowledge that walk-in appointments for Services are subject to availability and cannot be guaranteed.
5.5 A contract between us for the purchase of Services will not be formed until your payment has been approved by us and we have processed your payment using your selected payment method.
6.1 Shipping Options and Locations
(a) We currently ship our Goods within Australia and New Zealand, via standard and express delivery.
6.2 Shipping Fees
(a) The applicable shipping fees will be displayed at the time of purchase.
6.3 Program Free Standard Delivery Benefit
(a) Members are entitled to free standard delivery on all orders for, with no minimum spend required (Program Shipping Benefit).
(b) SkinKandy reserves the right to modify, suspend, or withdraw the Program Shipping Benefit at any time without prior notice.
6.4 Order Processing Times
(a) Orders placed before 11:00 am AEST will leave SkinKandy’s warehouse in Kunda Park, Queensland, the same day. Orders placed after this time, on weekends, or on public holidays will be processed the next business day.
(b) Most orders are delivered within 3-7 business days from the date of purchase however, delivery times are estimates only and may vary due to courier performance, peak periods, weather, or other unforeseen events.
(c) During peak periods (including holidays or promotional events), dispatch may be delayed by 2-3 business days or potentially longer. SkinKandy is not responsible for any losses, costs, or inconvenience resulting from such delays.
6.5 Courier Responsibility
(a) To the maximum extent permitted by law, once your order has been dispatched, it is the responsibility of the selected delivery partner. SkinKandy is not liable for delays, loss, theft, damage, or misdelivery of parcels after dispatch.
(b) For tracking, delays, or delivery issues, customers should contact the courier directly using the tracking information provided. SkinKandy may provide assistance but is not required to do so nor can it guarantee resolution.
(c) Risk of loss or damage passes to the customer upon dispatch unless otherwise required by law.
6.6 Delivery Notifications & Tracking
(a) For tracked delivery options, customers will receive status updates from both SkinKandy and the courier.
(b) If a package is marked as “delivered” by the courier but has not been received, customers should immediately contact the courier to lodge an enquiry. SkinKandy may assist with information but is not liable for missing Goods once marked delivered.
(c) Customers should ensure that delivery addresses are accurate and complete. SkinKandy is not responsible for delivery failures caused by incorrect or incomplete addresses.
6.7 Returned Packages
(a) If a package is returned to SkinKandy’s warehouse (for example, due to non-collection, refusal, or incorrect address), the customer will be responsible for all additional shipping costs to resend the order.
(b) SkinKandy reserves the right to cancel orders that are repeatedly returned or undeliverable due to customer error, at its discretion.
(c) Any refunds for returned packages will be subject to the return and refund provisions outlined at clause 7.
7. RETURNS AND REFUNDS
7.1 Change of Mind
(a) Due to the nature of SkinKandy’s Goods and for hygiene, health and safety reasons, we are unable to accept returns of Goods for change of mind. This ensures that all our customers receive Goods that are new and unused.
(b) Unfortunately, we cannot accept returns of any type of Gift Card, e-card or voucher.
7.2 Damages and Issues (Goods)
(b) For fulfilment issues, we have a strict 30 day return policy, which means you have 30 days after receiving your product to request a return. This clause does not apply to the extent the goods experience defects or faults that fall within the scope of applicable laws.
(c) Please inspect your order upon reception and contact us immediately if the product is defective, damaged or if you receive the wrong product, so that we can evaluate the issue and make it right.
(d) For fulfilment issues, to be eligible for a return, Goods must be in the same condition as received namely unworn, unused, with tags attached, and in original packaging. You will also need to provide a receipt or proof of purchase.
(e) To start the return process, please contact us via the contact details below. If your return is accepted, we will send you instructions on how and where to send your package.
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Australia |
New Zealand |
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Contact name |
SkinKandy Australia |
SkinKandy NZ |
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Address |
Attn: SkinKandy Returns 9 Pike Street, Kunda Park, QLD, 4556 |
Attn: SkinKandy Returns 9 Pike Street, Kunda Park, QLD, 4556 AUSTRALIA |
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Telephone number |
1300 129 991 |
1300 129 991 |
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(f) We will notify you once we have received and inspected your return, and let you know if the refund was approved or not. If approved, you will be automatically refunded on your original payment method, including any postage fees paid for the return. Please remember it can take some time for your bank or credit card company to process and post the refund too. If the refund is not approved, we will return the Goods to you and postage fees will not be refunded.
(a) Subject to clause 7.4, if a Service performed at any Studio is assessed to have been incorrectly placed or angled, SkinKandy will, at its discretion, provide corrective services at no additional cost.
(b) To be eligible for corrective services under clause 7.4(a), you must:
(i) retain the original jewellery in the pierced site;
(ii) attend a Studio within 7 days of the original Service; and
(iii) present the aftercare card provided at the time of Service.
(c) While requests for corrective services must be made within 7 days of the original service, SkinKandy may schedule and provide the corrective services at a later date, having regard to appointment availability, appropriate healing time, health and safety considerations, and any other relevant factors.
(d) To the extent permitted by law, corrective services under clause 7.4(a) do not cover any issues arising from the healing process, aftercare or personal care practices, including infections, allergic reactions or other complications outside of SkinKandy’s control.
7.4 Warranty for Goods and Services
(a) Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled:
(i) to cancel your service contract with us; and
(ii) to a refund for the unused portion, or to compensation for its reduced value.
(b) You are also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service.
7.5 No Limitation
(b) Nothing in these Terms is to be interpreted as excluding, restricting or modifying, or having the effect of excluding, restricting or modifying, your consumer rights and guarantees under the FTA or CGA, ACL and/or the CCA.
8.1 By purchasing and/or using a Gift Card, you agree to the standard gift cards terms and conditions set out in this clause 8, and these Terms.
8.2 Nature of Gift Cards
(a) Gift Cards are issued by SkinKandy and constitute a stored-value facility redeemable for eligible Goods and Services only, subject to the standard gift cards terms and conditions set out in this clause 8.
8.3 Treat as Cash
(a) Gift Cards must be treated like cash.
8.4 Country of Gift Cards
(a) Gift Cards may only be redeemed in the country of purchase.
8.5 Restrictions on Use
(a) Gift Cards cannot be:
(i) redeemed for cash or cash equivalents;
(ii) reloaded or topped up;
(iii) exchanged for other gift cards; and
(iv) applied to accounts receivable or used as a form of credit.
8.6 Term of Gift Cards
(a) Gift Cards are valid for 3 years from the date of purchase, unless otherwise required by law.
(b) Any unused balance remaining after expiry of a Gift Card will be forfeited, except where prohibited by law.
8.7 Types of Gift Cards
(a) Physical Gift Cards
(i) Available for purchase in Studios only.
(ii) Redeemable in Studios or via the Site within the country of purchase.
(iii) Redemption:
(iv) Site: Enter the code on the back of the card at checkout.
(v) Studio: Present the physical card to the cashier.
(b) Digital / e-Gift Cards
(i) Available for purchase via the Site only.
(ii) Eligible for recipients with an Australian or New Zealand residential address.
(iii) Delivered by email with redemption instructions.
(iv) Redeemable via the Site or in a Studio within the country of purchase.
(v) To redeem in a Studio, present the digital code provided via email.
8.8 Using your Gift Cards
(a) If your purchase total exceeds the Gift Card balance, you must pay the difference using another accepted payment method.
(b) No change will be given for purchases less than the Gift Card balance. Any remaining amount stays on the card until expiry.
(c) Gift Cards may not be used for Services or Goods that SkinKandy is legally restricted from supplying (for example, age-restricted piercings).
(d) SkinKandy reserves the right to suspend, cancel, or refuse redemption of any Gift Card where fraud, unlawful activity, or breach of these Terms is reasonably suspected.
8.9 Faulty or Damaged Gift Cards
(a) Where a Gift Card is faulty due to a manufacturing or system error, SkinKandy will, subject to verification, replace the Gift Card.
(b) Gift Cards that are damaged through misuse, unauthorised alteration, or external causes (including loss or theft) will not be replaced by SkinKandy, unless required by law.
8.10 Returns or Exchanges
(a) Goods purchased with a Gift Card are subject to SkinKandy’s return terms and conditions set out at clause 7.
(b) Refunds for Goods purchased using a Gift Card will be returned to a Gift Card (not cash or other payment method).
(c) Gift Cards themselves are non-refundable and cannot be exchanged.
9.1 By applying to become a Member, you agree to the SkinKandy standard Member terms and conditions set out in this clause 9, and these Terms.
(a) If you sign up to become a Member, you may be eligible to receive 10% off your Goods and/or Services purchase (Welcome Benefit).
(b) You will be notified at the time of sign-up if you are eligible to receive the Welcome Benefit.
(c) The Welcome Benefit can only be redeemed within 24 hours of receiving the welcome email.
(d) Any exclusions to the Welcome Benefit will be communicated to you in the welcome email.
(e) The Welcome Benefit cannot be exchanged or redeemed for cash, credit or Gift Cards, except where required by law.
(f) SkinKandy may cancel or modify all or part of the Welcome Benefit at any time, and for any reason. While SkinKandy may notify you of the cancellation or modification of the Welcome Benefit via the Site, it is not obliged to provide direct notifications, except where required by law.
9.3 Membership Eligibility
(a) To become a Member, you must provide accurate and current information as requested by SkinKandy, including at a minimum your full name and a valid email address. SkinKandy may also request additional information, such as your date of birth and mobile number, for the purposes of administering the Program, verifying eligibility, and communicating offers, rewards, and Program related updates.
(b) Membership may be obtained either in a Studio, or via the Site, by submitting the required details in the manner prescribed by SkinKandy. Membership in the Program is free and no purchase is required to join.
(c) Representatives of SkinKandy are not eligible to join the Program.
(d) Persons under the age of 16 are not eligible to join the Program. If you are under the age of 18, SkinKandy may require a parent or legal guardian to approve your membership.
(e) You are permitted to hold only one membership account. SkinKandy reserves the right, at any time and in its reasonable discretion, to approve, refuse, suspend, modify, merge, or terminate any membership or account where it reasonably believes there has been a breach of these Terms, misuse of the Program, provision of false or misleading information, or for operational, legal, or compliance reasons.
(f) Membership is for personal use only. It must not be used by or for a corporation or business and is not transferable.
9.4 Participation
(a) A Member can identify themself as a Member in a Studio by providing personal information, which matches up with the personal information the Member has previously provided to SkinKandy (Identification).
(b) To redeem special offers or discounts in a Studio, a Member may be asked to present digital vouchers or codes received via email or SMS, to SkinKandy staff.
(c) SkinKandy is not responsible for expired Benefits according to these Terms, or for lost codes and/or vouchers.
(d) It is the responsibility of the Member to check the receipt after each transaction to ensure the details are correct, and it is the responsibility of the Member to provide SkinKandy with any changes to the Member’s personal details.
9.5 Member Benefits
(a) Members of the Program may be offered with the following benefits:
(i) Birthday Discount: $20.00 (AUD or NZD as applicable) discount on any purchase, in a Studio or via the Site, is offered during the birthday month of each Member. This discount is delivered on the first of the month via email or SMS and is valid for the duration of the month in which your birthday falls. This offer is valid in a Studio or via the Site, on one purchase, and reoccurs each year so long as you remain a Member of the Program.
(ii) Anniversary Discount: $15.00 (AUD or NZD as applicable) discount on any purchase, in a Studio or via the Site, is offered during the sign-up anniversary month of each Member. This discount is delivered on the first of the month via email or SMS and is valid for the duration of the month in which your sign-up anniversary falls. This offer is valid in a Studio or via the Site, on one purchase, and reoccurs each year so long as you remain a Member of the Program.
(iii) Downsizing Discount: $5.00 (AUD or NZD as applicable) discount on the downsize service is offered to Members who present to any Studio for a piercing downsize.
(iv) Other Rewards and Offers: Members may be given the opportunity to enter competitions and receive information, promotions or offers run by SkinKandy. Competitions and other information, promotions or offers may be subject to their own terms and conditions.
(b) Each Benefit, at the time it is provided, will state how, where and to what extent the Benefit is able to be redeemed.
(c) Benefits provided under the Program are not transferable, are not redeemable for cash and are not negotiable instruments.
9.6 Cancellation and Marketing Opt-Out
(a) If a Member no longer wishes to participate in the Program or receive the information or offerings, the Member can withdraw from the Program at any time by contacting our customer Service Team via phone, or by emailing at the details set out below, or contact your local Studio via phone or in person.
(b) By Unsubscribing or cancelling your membership to the Program you are agreeing to opt-out from receiving offers, discounts and other marketing and promotional material from SkinKandy via email, SMS or other means.
(c) By opting-out from receiving marketing and promotional material you are agreeing to withdraw or cancel your membership to the Program, as you will be unable to receive any benefits, discounts or special offers.
(d) Any valid offers or discounts received prior to cancelling your membership or opting-out of receiving marketing and promotional materials, that have not yet been redeemed at the time of opting-out or cancelling your membership will be voided.
(e) You can re-join the Program at any time.
9.7 Warranties
(a) Except for any rights you may have under the FTA or CGA, ACL and/or the CCA (which cannot be excluded by law), all warranties, conditions and representations (whether express, implied, statutory or otherwise) relating to the Program, are excluded.
10.1 2 Piercings Starting From $80 (AUD or NZD as applicable) (Everyday Discount A)
(a) Overview
(i) Subject to these Terms and the Waiver Standard Terms and Conditions, Everyday Discount A entitles you to receive two (2) eligible piercings (see clause 10.1(d)) starting from $80 (AUD or NZD as applicable).
(ii) Everyday Discount A includes the piercing (the act of creating the piercing) together with one (1) standard surgical steel jewellery for each piercing.
(b) Jewellery Material
(i) Everyday Discount A applies to standard surgical steel jewellery only.
(ii) If you choose jewellery made out of upgraded jewellery materials, such as titanium or gold, the Everyday Discount A may still apply however, an additional charge will be payable for the upgraded material.
(i) Both piercings must be performed on the same person, on the same body, during the same single appointment and a single transaction.
(ii) Everyday Discount A cannot be split, shared, transferred, or redeemed across multiple individuals or sessions.
(iii) Everyday Discount A cannot be exchanged or redeemed for cash, credit or Gift Cards, except where required by law.
(iv) Gift Cards and eligible loyalty discounts may be used towards the Everyday Discount A, provided they are applied in accordance with their own terms and conditions. Everyday Discount A cannot otherwise be combined with any other offer, voucher, or discount, unless expressly authorised by SkinKandy.
(v) Everyday Discount A is not valid for previous piercing or partial redemptions.
(d) Eligible Piercings
(i) Everyday Discount A is eligible with piercings on the following body areas only:
a. Ear: Lobes, helix, forward helix, conch, outer conch, tragus, anti-tragus, rook, daith, snug, transverse lobe.
b. Nose: Nostril, septum.
c. Body: Navel, lower navel.
d. Face and Mouth: Eyebrow, bridge, lip, labret, Ashley, vertical labret, philtrum, jestrum, tongue, smiley, tongue webbing
(e) Bookings
(i) Bookings for Everyday Discount A are subject to Studio availability and standard SkinKandy booking and appointment procedures in place from time to time.
(f) Waiver Terms and Conditions
(i) Piercing services using the Everyday Discount A are subject to the Waiver Terms and Conditions.
(g) Cancellation or Modification
(i) SkinKandy may cancel or modify all or part of Everyday Discount A at any time, and for any reason. While SkinKandy may notify you of the cancellation or modification of the Everyday Discount A via the Site, it is not obliged to provide direct notifications, except where required by law.
10.2 Buy 3 Eligible Items Get the 4th Free (Everyday Discount B)
(i) Subject to these Terms, Everyday Discount B entitles you to receive the fourth (4th) item for free when you purchase three (3) items.
(b) Eligible Items
(i) Everyday Discount B applies to selected jewellery items only as identified on our Site or in participating SkinKandy Studios (Eligible Items).
(ii) To qualify, you must purchase four (4) Eligible Items in a single transaction. The lowest priced Eligible Item will be free.
(c) Application
(i) The free Eligible Item is automatically applied at checkout when the Eligible Item is in the cart for online purchases via the Site, or at the point of sale for purchases made in a Studio. No separate code or voucher is required.
(i) Everyday Discount B applies to full priced and Eligible Items only, and cannot be combined with any other discount, voucher, loyalty reward, or offer unless otherwise stated by SkinKandy.
(ii) Everyday Discount B is subject to availability of stock. For the avoidance of any doubt, Everyday Discount B does not apply to out of stock Eligible Items. SkinKandy does not guarantee the availability of any particular Eligible Item.
(iii) Everyday Discount B excludes piercing Services, aftercare products, Gift Cards, and any items not expressly marked as part of the Eligible Items.
(iv) Everyday Discount B is not valid on previous purchases, backorders, or laybys.
(v) Everyday Discount B cannot be exchanged or redeemed for cash, credit or Gift Cards, except where required by law.
(e) Cancellation or Modification
(i) SkinKandy may cancel or modify all or part of the Everyday Discount B at any time, and for any reason. While SkinKandy may notify you of the cancellation or modification of the Everyday Discount B via the Site, it is not obliged to provide direct notifications, except where required by law.
11.1 By entering into a Promotion, and unless otherwise stated in the relevant Entry Instructions Form and/or promotional materials, you agree to the standard promotion terms and conditions set out in this clause 11, and these Terms.
11.2 To the extent of any inconsistency between the standard promotion terms and conditions set out in this clause 11 and an Entry Instructions Form, the Entry Instructions Form shall prevail.
11.3 Eligibility
(a) Unless otherwise stated, Promotions are open to residents of Australia and New Zealand, who are 16 years of age or older at the time of entry.
(b) Entrants under the age of 18 must have the consent of their parent or legal guardian to enter and, if successful, to claim a prize.
(c) Representatives of SkinKandy are ineligible to enter a Promotion.
(d) SkinKandy reserves the right to verify the eligibility of any entrant at any time.
11.4 How to Enter
(a) To enter, entrants must follow all requirements set out in the Entry Instructions Form and/or promotional materials for the relevant Promotion.
(b) All information provided must be complete, accurate and truthful.
(c) Entries submitted outside the promotional period or not in accordance with the Entry Instructions, may be deemed invalid by SkinKandy.
11.5 Conditions of Entry
(a) Where entries must be submitted, only one entry per person is permitted. Multiple entries from the same person, email address, device, IP address or social media account may be deemed invalid, unless expressly permitted in the Entry Instructions Form.
(b) Entries that are incomplete, illegible, offensive, misleading, fraudulent, automated, generated by script, macro or bot, or otherwise not submitted in good faith, may be disqualified at SkinKandy’s discretion.
(c) SkinKandy reserves the right to remove or disregard any entry that it reasonably believes breaches the standard promotion terms and conditions set out in this clause 11, the Entry Instructions Form, the Terms or any other terms and/or policies of SkinKandy, or interferes with the fair conduct of the Promotion.
(a) Where applicable, the winner will be determined on the date, and in the manner, specified in the relevant Entry Instructions Form.
(b) The winner will be notified using the contact details or platform used to enter, or as otherwise specified in the Entry Instructions Form.
(c) If a winner cannot be contacted, does not respond within the timeframe specified in the Entry Instructions Form, or is found to be ineligible, SkinKandy will award the prize to an alternative eligible entrant.
(d) SkinKandy’s decision in relation to winner selection is final and no correspondence will be entered into.
11.7 Prizes
(a) Any prize details, including number, description and approximate retail value, will be set out in the Entry Instructions Form.
(b) Prizes are not transferable, exchangeable or redeemable for cash, unless expressly stated otherwise or required by law.
(c) SkinKandy reserves the right to substitute a prize with a prize of equal or greater value if the advertised prize becomes unavailable for reasons beyond SkinKandy’s control.
(d) Any additional costs associated with claiming or using a prize (including travel, taxes, insurance or ancillary expenses) are the responsibility of the winner unless expressly stated otherwise.
11.8 Discounts
(a) Where a Promotion involves a price discount, the discount applies only to the Goods and/or Services expressly identified in the promotional material and/or Entry Instructions Form, and is available for the promotional period stated, unless withdrawn earlier.
(b) Unless expressly stated otherwise:
(i) discounts are not available in conjunction with any other offer, promotion, voucher or discount; and
(ii) discounts do not apply to shipping, taxes, or other charges.
(c) All discounted Goods and/or Services are subject to availability. SkinKandy does not guarantee the availability of any particular Goods and/or Service at the discounted price for the duration of the Promotion.
(d) Discounts have no cash value and cannot be exchanged or redeemed for cash, credit or Gift Cards, except where required by law.
11.9 Publicity
(a) Unless prohibited by law, by entering the Promotion, entrants consent to SkinKandy using their name, likeness, social media handle and entry content for promotional and marketing purposes in any media, without further payment or notice.
11.10 Warranties
(a) Except for any rights you may have under the FTA or CGA, ACL and/or the CCA (which cannot be excluded by law), all warranties, conditions and representations (whether express, implied, statutory or otherwise) relating to a Promotion, are excluded.
12.1 Account
(a) If you are a registered user of the Site, you are responsible for keeping your password secret and secure.
(b) You must not disclose your password or allow any other person to use your login information to access the Site.
(c) We reserve the right in our sole discretion to decline to register you as a user of the Site or terminate your registration. Without limiting that right, we may terminate your registration if we receive any complaints about you, you breach these Terms or any of our other applicable policies or terms and conditions or you create an account using false information.
12.2 Links to Other Websites
(a) The Site may contain links to other websites. These links are provided for your information only and we have no control over the content or privacy practices of those websites. By using the Site, you agree that we will not have any liability to you or any other person arising from your use of any third-party website. It is your responsibility to ensure that you are aware of and comply with the terms and conditions of any third-party website.
(b) Any links to other websites should not be construed as an endorsement, approval or recommendation of the businesses or organisations associated with those websites or anything referred to or contained on those websites, unless and to the extent we have specified to the contrary.
12.3 Intellectual Property
(a) We own (or licence (as applicable)) all intellectual property rights in the Site. You must not use or distribute our intellectual property without our prior written consent.
(b) You must not use, modify, publish, licence, create derivative works from, transfer, or sell any copyright material, information, materials, software, goods or services obtained from the Site without our prior written consent.
(c) You grant us a perpetual, non-exclusive, irrevocable, royalty-free licence to use any content you upload to the Site including for marketing purposes and to make available to other users of the Site.
12.4 Prohibited Uses
(a) You must not use the Site:
(i) in any way that breaches any relevant law or regulation;
(ii) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
(iii) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(iv) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Site, or any computer software or hardware.
(b) You also agree not to:
(i) reproduce, duplicate, copy, or re-sell any part of the Site; or
(ii) access (without authority), interfere with, damage, or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site, or any equipment or network or software owned or used by any third party.
12.5 Information on the Site
(a) The content on the Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
(b) Although we make reasonable efforts to ensure the information on the Site remains up to date, we make no warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
(c) The content on the Site is directed to people residing in Australia or New Zealand. We do not represent that content available on or through the Site is appropriate for use or available in other locations.
12.6 Warranties
(a) To the extent permitted by law, we do not warrant that:
(i) any information provided on the Site is free from errors, reliable, accurate or complete;
(ii) the Site, or any content on it, will always be available or uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Site without notice; or
(iii) the Site will be secure or free from bugs or viruses.
13.1 To the maximum extent permitted by law, SkinKandy’s liability to you is limited to instances of loss and damaged sustained by you arising directly from the Goods and/or Services and which have been directly caused or contributed to by SkinKandy or the Representatives. SkinKandy will not be liable to you or any third party in any other circumstances, however arising.
13.2 You agree to indemnify, and will keep indemnified, SkinKandy and the Representatives from an against any and all losses, damages, costs, actions, proceedings, claims and demands which SkinKandy incurs, suffers or is subject to (including any legal fees on a solicitor-client basis or amount paid by way of settlement) as a direct or indirect result of any failure by you to comply with your obligations under these Terms, and/or any other terms and/or policies of SkinKandy.
14.1 The parties must use reasonable endeavours to resolve any and all disputes, by negotiation. If a dispute is settled at or following negotiations under this clause 14, such settlement shall be recorded in writing and be signed by the parties, whereupon it shall be final and binding on the parties.
14.2 Nothing in this clause 14, shall prevent either party from seeking urgent interim relief from the courts for:
(a) interlocutory relief
(b) recover a debt payable; or
(c) enforce a settlement agreed to by the parties.
15. PERSONAL INFORMATION
15.1 SkinKandy may collect personal information about you. SkinKandy will only collect, use, disclose or handle the personal information in accordance with SkinKandy’s Privacy Policy available on the Site.
15.2 You acknowledge that if you decline to give SkinKandy any information requested, that may mean you may be unable to use our Goods and/or Services, and/or our Site.
16. GENERAL
16.1 SkinKandy may change, suspend or terminate these Terms at any time. Where we change the Terms, a copy of the revised Terms will be available on our Site or can be obtained by contacting SkinKandy at the contact details set out above. We recommend that you visit our Site regularly to keep up to date with any changes.
16.2 If any provision in these Terms is found by a court or other competent authority to be invalid, void, or unenforceable, such provision will be deemed to be deleted from these Terms and the remaining Terms will continue in full force and effect.
16.3 A failure by us to exercise or a delay is us exercising any right under these Terms will not operate as a waiver of that right.
16.4 Nothing in these Terms is intended to limit your rights under the FTA or CGA, ACL and/or the CCA.
16.5 These Terms are governed by the law of the state or territory in which you are ordinarily located (where you are located in Australia), or the laws of New Zealand (where you are located in New Zealand).
17. CONTACT DETAILS
17.1 For any enquiries regarding these Terms, please contact our customer service team via phone or email customerservice@skinkandy.com.