This Terms of Use Agreement (“Terms of Use”) is a legal agreement between you and BIOTYSPA. (“BIOTYSPA”, “we”, “us”, or “our”) providing, among other things, the terms and conditions for your access to and use of our web site www.biotyspa.com (the “Site” or “site” or “website”). Please read these Terms of Use carefully and print a copy for your records. We may from time to time modify these Terms of Use and will post a copy of the amended Terms of Use at biotyspa.com/terms-conditions. If you do not agree to, or cannot comply with, the Terms of Use as amended, you should not use this Site. You will be deemed to have accepted these Terms of Use as amended if you continue to use this Site after any amendments are posted on this Site.

 

DISCLAIMER

The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, BIOTYSPA does not give any express or implied warranties or conditions and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, BIOTYSPA does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided. In addition, to the fullest extent permitted by law, BIOTYSPA does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. BIOTYSPA accepts no liability arising from your access to this website. This website and all information provided through this website are provided “as is” without any warranty or condition of any kind, whether express or implied, arising from statute, course of dealing, usage of trade or otherwise. The foregoing disclaimer shall apply to the maximum extent permitted by applicable laws.

 

LIMITATION OF LIABILITY

I hereby release and agree to hold BIOTYSPA harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the business, or that may otherwise arise in any way in connection with any services received from BIOTYSPA. I understand that this release discharges BIOTYSPA from any liability or claim that I, my heirs, or any personal representatives may have against the business with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from BIOTYSPA. I also understand that BIOTYSPA is not meant to cure any disease and that I should consult with my doctor if my case is more serious. This liability waiver and release extends to the business together with all owners, partners, and employees.

I understand that the risks associate with my order, but are not limited to:

• Bruising
• Short-term muscle soreness

 

COPYRIGHT OR OTHER INTELLECTUAL PROPERTY

All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of BIOTYSPA or its content suppliers and protected by national and international copyright laws and laws applicable to other intellectual property. The compilation of all content on this Site is the exclusive property of BIOTYSPA and protected by national and international copyright laws.

 

TRADEMARKS 

BIOTYSPA and all related logos, and product and service names are trade-marks (both registered and unregistered) of BIOTYSPA or its affiliates in Australia and other countries.  These trade-marks, logos and other proprietary graphics may not be used in connection with any other product or service without BIOTYSPA's express prior written consent.

 

LICENSE AND SITE ACCESS

BIOTYSPA grants you a limited licence to access and make personal use of this Site and not to download (other than page caching or to access wholesale inquiry forms designed for downloading) or modify it, or any portion of it, except with BIOTYSPA's express prior written consent. This licence does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of BIOTYSPA. You may not use any metatags or any other hidden text using BIOTYSPA's name or trademarks without BIOTYSPA's express prior written consent. Any unauthorised use will automatically terminate the licence granted above. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.biotyspa.com so long as the link does not portray BIOTYSPA, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by BIOTYSPA, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any BIOTYSPA logo or other proprietary graphic or trademark as part of the link without BIOTYSPA's express prior written consent.

 

THIRD PARTY WEBSITES

BIOTYSPA may include links on this website to websites owned by other parties. BIOTYSPA is not in any way responsible for the material contained on these sites, nor is BIOTYSPA responsible for the availability of these sites. BIOTYSPA does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is BIOTYSPA responsible for any damage, offence or loss caused as the result of visiting these websites. BIOTYSPA recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

 

PRIVACY

Personal information provided to BIOTYSPA via this website will be handled in accordance with BIOTYSPA's Privacy Policy, which can be found at biotyspa.com/privacy.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

PRODUCTS OR SERVICES

Prices for our products are subject to change, without notice.  We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

 

PAYMENT TERMS

BIOTYSPA accepts the following methods of payment: Visa, Mastercard, American Express, Shop Pay, Afterpay, Apple Pay, Google Pay, and Paypal Express Checkout. 

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

BIOTYSPA DIGITAL GIFT CARDS

An BIOTYSPA Digital Gift Card entitles the owner to purchase products up to the nominated value from the BIOTYSPA online store within the currency in which the card was purchased. The value on the card can be used for purchases in whole or in part, and on multiple occasions on www.biotyspa.com. It cannot be reloaded, exchanged or redeemed for cash, or transferred to another digital gift card or owner. BIOTYSPA Digital Gift Cards have no expiry date. To verify available funds at any time, please email info@biotyspa.com. Each BIOTYSPA Digital Gift Card is linked to a unique Gift Card Number to ensure its security and integrity, and allow for multiple transactions online.

 

PRE-ORDER

Due to the high demand of our top-selling products and rituals, we may at times be sold out. We work with organic and natural ingredients and therefore produce our skincare in small batches, to maintain the quality of our products. In order to secure the product or ritual you wish to purchase, we strongly recommend you pre-order, as we may rapidly sell out again when we receive the next batch. Please note that pre-orders are considered as a normal order, therefore payment in full is required and once paid, the order cannot be cancelled, returned or refunded.

Any order that contains pre-ordered items and in-stock items will only be dispatched once the preorder item becomes available.

Shipping of pre-orders is commonly between 6 - 12 weeks. Delays caused by circumstance beyond our control can occur.

At the time of purchase you were aware the product was a pre-order, there was a wait on the product and you agreed to the Biotyspa’s terms and conditions.

 

ERRORS, INACCURACIES  AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website, should be taken to indicate that all information on the website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Website is made available to you for your lawful, personal, non-commercial use only. You may use the website only for the purposes and in the manner permitted by the website and subject to these Terms of Use and all applicable laws. Using the website for any other purpose or in any other manner is strictly prohibited. The website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of BIOTYSPA. You may print website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by BIOTYSPA in the operation or provision of the website except while you are using the website in accordance with these Terms of Use.

 

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless BIOTYSPA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

BIOTYSPA welcomes questions and comments about this Terms of Use. Requests, questions or comments should be directed to info@biotyspa.com.