TERMS AND CONDITIONS
OVERVIEW
Throughout our website and our policies, the terms “MyFaceSpa”, “us”, “we” and “our” refer to MyFaceSpa. All visitors to the website (“users” or “you”) will be able to see all services and products on offer by us, but only registered users will have full access to the website which may include the option to purchase products online and complete online skin assessments.
By accessing, registering and/or using the website, all users including those who register solely to purchase products online, shall be deemed to have read, understood and accepted, and agree to be bound by these Terms and Conditions.
All users are advised to read the Terms and Conditions carefully before accessing or registering on our website.
OUR OFFERINGS
MyFaceSpa offers its clients a wide range of beauty related products. Our online booking facility enables clients to conveniently book or purchase products online, from a wide selection of high-quality services, products and brands.
ELECTRONIC COMMUNICATIONS
When you access or use our website, register as a user, purchase any products online, or contact us directly by email, you agree to receiving electronic communications from MyFaceSpa, from time to time.
All communications by us are subject to the applicable provisions of the Electronic Communications Act 25 of 2002 (“ECTA”) and the terms of our privacy policy, which can be found on our website. In the event that you no longer wish to receive communication from MyFaceSpa, you shall be entitled to ‘opt out’ at any time.
UPDATING OUR TERMS AND CONDITONS
We may update these Terms and Conditions from time to time. In the event that we update any Terms and Conditions of the use of this website we will notify users of the change by sending an email, by posting a notice on this website or by updating the webpage.
These Terms and Conditions shall be applicable to all new features or functions that we add to our website, and it shall be the responsibility of the user to ensure that any updates on this website or these Terms and Conditions are checked regularly.
In the event that you are not satisfied with any changes we make, but continue to make use of our website, you shall be deemed to have accepted the changes.
CONDITIONS
MyFaceSpa reserves the right to refuse services to and/or suspend the account of any user for any reason at any time.
You agree that you will not make use of this website with the intention of interfering with the proper working or function of this website, or with the intention of creating misleading or false information.
You agree not to duplicate, sell, reproduce or exploit any part of our website or our services or any functionalities of our website without our express written permission.
Any breach of our Terms and Conditions will result in an immediate termination of a user’s registered profile with MyFaceSpa.
ACCURACY AND COMPLETENESS OF INFORMATION
While we take responsibility for ensuring that all reasonable steps are taken to ensure that all the information displayed on our website is complete and accurate, MyFaceSpa takes no responsibility and makes no representations or warranties whether express or implied, as to the accuracy, quality, operation, availability or functionality of the website or any information displayed on the website including such information provided in respect of any products listed for purchase.
In the event that there are any errors of whatsoever nature or kind, we shall not be liable for any loss, claim or expense relating to any transactions which results from you visiting our website.
We shall not be responsible for any information that is made available on our website either by us or any third-party websites or suppliers, which is not accurate, complete or up to date.
The information on our website is provided to enable our client’s to access information about MyFaceSpa services and products, and to enable registered users to make use of the website to purchase certain products online. This website and its content is not intended to and does not constitute advice or a recommendation of any nature in respect of but not limited to, any product, brand or treatment advertised on the website.
This website displays a number of products which are available for purchase online by registered users of the website. The display of these products is not intended to be, and should not be regarded as an endorsement or recommendation by MyFaceSpa of these products or brands, nor should it be regarded as an affiliation between MyFaceSpa and any brand or product displayed on the website.
Your reliance on the information found on our website is at your own risk. We reserve the right to modify the contents of our website at any time.
PERSONAL INFORMATION
Any personal information provided by you or required by us for the proper use of our website is governed by the terms of our Privacy Policy, which is available on our website and should be read in conjunction with these Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS
All rights, title, interest and ownership in, to or of this website (including all rights under copyright, patent and/or other intellectual property laws) are solely that of MyFaceSpa.
The content of our website including but not limited to any information, data, software, icons, text, graphics, designs, logos and trademarks which are displayed on or linked to our website (web content) are protected by law.
The use, distribution or reproduction of any of our website content is prohibited unless expressly authorized by MyFaceSpa.
Any content of third-party websites or suppliers is not covered by these Terms and Conditions and the Terms and Conditions of the third-party website or supplier should be consulted and complied with insofar as they apply to the user of this website.
PROHIBITED USE
Whether you are a visitor to our website or have a registered profile, you are prohibited from using our website or any of its contents for: Any unlawful purpose; Violating any laws; Infringing upon or violating any intellectual property rights of MyFaceSpa or any third-party websites; To upload any inappropriate, false or misleading information; To upload or transmit any viruses or other types of malicious code that will affect or disrupt the functionality of operation of our website; To collect or obtain the personal information of other users; To spam, phish, spider, crawl or scrape; To interfere or circumvent the security features in place to protect the users of the website; Any other immoral or inappropriate purpose.
We reserve the right to cancel any registered users profile at any time for any reason. In the event of suspected fraud, improper conduct or non-compliance with the Terms and Conditions of this website, the users profile shall be immediately suspended, pending further investigation, without any prior notice required to be given to the registered user.
In the event that you suspect that there has been any unauthorized access to your user profile, you agree to notify MyFaceSpa immediately of such suspected activity.
CONSENT
By using this website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use this site only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound by these Terms and Conditions.
No persons under the age of 18 (eighteen) may register a profile with MyFaceSpa, notwithstanding any consent or permission having been provided by a parent or guardian.
In creating a user profile, you warrant that your profile will be used for personal use only. Any information uploaded or provided by you on your profile shall be within your personal knowledge and to the best of your knowledge, be true and correct.
In the event that we detect that false information is being provided on your profile, we reserve the right to suspend or cancel your user profile until such time as the information provided by you is able to be verified.
THIRD PARTY WEBSITE LINKS
Our website may contain material or information related to third-party websites or suppliers, and contains information related to the services we offer, as well as the third party (supplier) products displayed for sale through our website.
Third party links found on our website may re-direct you to third-party websites. MyFaceSpa is not directly affiliated with any of the third-party links which may be found on our website and we are not responsible for the content or accuracy of information that may be displayed on any third-party websites.
In the event that you are re-routed to a third party website including video links, you agree to be bound by the Terms and Conditions of the third party website, including but not limited to their Terms and Conditions, returns policy, payment processes and privacy policies.
Once you leave the MyFaceSpa platform, our Terms and Conditions are no longer applicable and you are advised to familiarise yourself with all Terms and Conditions and policies of the third-party website.
LIMITED AVAILABILITY
While we do our best to ensure that the products and services advertised on our websites are up to date and available, MyFaceSpa shall not be liable in the event that any products or services advertised on the website are unavailable or out of stock.
MyFaceSpa shall not be held responsible or liable for the correctness of information displayed on any third-party or supplier websites. MyFaceSpa relies on the inventory information and product descriptions provided by suppliers.
GIFT VOUCHERS AND VOUCHERS
MyFaceSpa may from time to time, elect to send registered and/or non-registered users vouchers or promotional coupons. The details relating to such voucher or promotional coupon including the monetary value, period of validity and terms of use, will be displayed on the voucher or coupon.
MyFaceSpa Vouchers must be used while they are valid, are not redeemable for cash and will not be replaced in the event of the voucher being lost, stolen, destroyed or used without permission.
Gift Vouchers cannot be resold to or exchanged with a third party. You cannot use a MyFaceSpaGift Voucher to purchase another MyFaceSpa Gift Voucher.
DISCLAIMER
The use of the MyFaceSpa website is entirely at the risk of the user. By making use of the websites, whether by visiting the website, registering as a user or otherwise, you assume full liability for any risk or loss resulting from the use of the information on our website or any information or third-party links or suppliers which may be found on the websites.
We do not warrant or make any representations regarding the quality of any products, services, information or other material advertised on our website and subsequently purchased by you as a result of making use of the information on our website and our services, or that such products or services will meet your expectations.
MyFaceSpa shall not be liable for any loss and/or damage, whether direct or indirect arising out of or in connection with any users access to or use of the My Skin Store website or any other content or information connected with the MyFaceSpa website unless otherwise provided by law.
LIMITATION OF LIABILITY
MyFaceSpa provides the website “as is” and does not give any express or implied warranty or make any other representation about the content of this website. We do not make any warranties regarding the quality of goods and/or services which may be found on the website, nor do we warrant that any information found on this website or linked to the website is accurate, complete, up-to-date or secure.
MyFaceSpa agrees to do it’s best to ensure that the website is up-to-date and accurate at all times, and to the best of our knowledge, free from any inaccurate, false, misleading or outdated information. MyFaceSpa is not responsible for any information or accuracy of any third-party websites, suppliers or affiliates that may be found on our website.
INDEMNIFICATION
By agreeing to these Terms and Conditions you indemnify us (MyFaceSpa, any subsidiaries, affiliates, partners, officers, directors, contractors, service providers, sub-contractors, suppliers and employees of MyFaceSpa) against any claim, demand, loss, damage, cost or liability of whatsoever kind or whatsoever nature, related to your use of this website.
SEVERABILITY
In the event that any provisions of these Terms and Conditions are found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and/or enforceability of the remainder of the Terms and Conditions of this website.
GOVERNING LAWS
These Terms and Conditions and any disputes arising out of or in connection with these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United Kingdom
In the event of any dispute arising out of your use of this website or between MyFaceSpa and yourself, you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa notwithstanding the fact that the quantum in the action or application may otherwise fall below the monetary jurisdiction of that Court.
Your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, is not limited by these Terms and Conditions.
CONTACT INFORMATION
This website is owned and run by MyFaceSpa, MyFaceSpa’s registered address and chosen domicilium citandi et executandi for all purposes under these Terms and Conditions as: 138 Northcotte Rd, London, SW11 6QZ
You can contact us by email at the following address: [email protected]. All correspondence and/or notices addressed to MyFaceSpa must also be sent to this address.