– Terms and Conditions –
Terms of Service
TERMS AND CONDITIONS FOR TODAY’S SKIN
Welcome to Today’s Skin! Thanks for visiting our website. This page forms the Terms and Conditions in accordance with which we supply Products (each a “Product”), which includes consultations with the members of TODAY’S SKIN, listed on our website www.todaysskin.co (the “Site”) to you (the “Terms and Conditions”). Please take some time to read these Terms and Conditions before ordering any Products from the Site. By creating a Personal Account or ordering any of our Products, you agree to be bound by these Terms and Conditions. You should visit our page regularly to make note of any changes we have made to our Terms and Conditions.
- WHO WE ARE
We are Todayskin, Inc., (SEC Certificate of Registration No. CS201812772), trading as www.todaysskin.co (“TODAY’S SKIN”).
1.1 These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
2.1 In these Terms and Conditions:
“Personal Account” means the TODAY’S SKIN Personal Account that you will need to register for on the Site if you would like to submit an Order on the Site;
“Business Day” means any day on which banks in the Philippines are open for business, which must not be either (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in the Philippines;
“Order Confirmation” means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
“Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in the Philippines;
“Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
“Customer” means any individual who places an Order on the Site;
“Order” means the Order submitted by you to the Site to purchase a Product from us;
“You” means the Customer who places an Order;
References to “clauses” are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
References to “includes” or “including” or similar words or expressions shall mean without limitation, and are not meant to indicate and exclusive or exhaustive enumeration.
3.1 To place an Order with TODAY’S SKIN you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with TODAY’S SKIN only with involvement of a parent or guardian.
3.2 Customers who have breached or are in breach of this section and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services.
- GENERAL USE AND PROHIBITIONS
4.1 You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Site, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.
4.2 You agree and undertake not to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Site for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site;
(d) promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by TODAY’S SKIN;
(e) interfere with another’s utilization and enjoyment of the Site, cause annoyance to other users, or threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site;
(g) use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
(h) violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
(i) send any unsolicited advertising or promotional material, or send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;
(j) solicit personal information from minors, or submit or transmit pornography;
(k) attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site; or
(l) violate any applicable law.
4.3 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site.
4.4 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Site. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Site;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Site at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
4.2 Any breach of this section would constitute a criminal offence under Republic Act No. 10174 or the Cybercrime Prevention Act of 2012 and other pertinent laws. In the event that such breach occurs, TODAY’S SKIN will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
- ENTIRE AGREEMENT AND RELIEF
5.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and TODAY’S SKIN and supersede any and all preceding and contemporaneous agreements between us, unless TODAY’S SKIN gives you notice of any changes in the agreement at least one (1) day before the effective date. Any waiver of any provision of the Terms and Conditions will be effective if in writing and signed by an authorized signatory of TODAY’S SKIN.
5.2 You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
5.3 We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
- TERMS OF SALE
(a) To place an Order, you must register with us by creating a Personal Account on the Site. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
(b) You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
(c) You shall not misuse the Site by creating multiple user accounts.
(d) Provided, you may place an Order without creating a Personal Account by checking out as a guest; however, you must submit to us information which is accurate and true as required by the Site.
6.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to buy. No Contract in respect of any Products shall exist between you and us until we have transferred the possession of the Products to the designated courier.
(b) To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
(c) An Order is only considered accepted by us upon your Order being transferred to the possession to the designated courier.
(d) A Contract will relate only to those Products which we deliver to the courier. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
6.2 Price and Payment
While we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full store credit of the amount you actually paid for the Products, which may then be used to purchase other Products from the Site.
(a) Where applicable, prices are inclusive of taxes and duties required by Philippine laws and regulations. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Total’.
(b) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our homepage or use the cash on delivery payment method. Similarly you can pay all or part of the price of your Order using an e-gift cards, wallet credit or a promotional voucher, whenever applicable.
(d) To minimize the risk of unauthorized access, we encrypt your card data. Once we receive your Order we will request pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorization check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorization by card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
(e) Provided, that you may pay through our payment partners, including PayPal. In which case, your card data will be entered into our payment partners’ platforms and TODAY’S SKIN holds no responsibility whatsoever regarding your transaction with our payment partner.
(e) Upon authorization of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
6.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact TODAY’S SKIN immediately. We will try our best, but do not guarantee completely, to process your request.
6.5 Refusal of Order
We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, you will receive a full store credit of the amount you actually paid for the Products,
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
7.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation). However, we shall not be liable for any delays due to the fault or negligence of the designated courier.
7.2 To the extent permissible by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.3 Upon delivery of the Product, you may be required to sign for delivery. You may contact TODAY’S SKIN Customer Service Team at firstname.lastname@example.org in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
7.4 Please note that it might not be possible for us to deliver to some locations. In which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7.5 We deliver in our standard packaging.
7.6 All risk in the Product shall pass to you upon the transfer of the Products to the possession of the courier, except that, where delivery to the designated carrier is delayed due to a breach of your obligations under a Contract risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on TODAY’S SKIN in the future.
7.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees).
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
7.9 You acknowledge that all matters related to shipping and delivery after the transfer of possession to the designated courier shall be addressed by the courier. You undertake to free TODAY’S SKIN of any responsibility regarding your order from the moment that such transfer of possession take place, and that you shall endeavor to communicate with the designated courier directly, unless otherwise provided in these Terms and Conditions.
- CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
If you wish to cancel your Order please contact our Customer Service Team at email@example.com. We will try our best to facilitate your request, but make no guarantees that it shall be possible, at our sole discretion. No cancellation fees shall be applicable. Once an Order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team (Please call the above stated number or refer to your return-slip provided in your received parcel).
- RETURNS AND REFUNDS POLICY
9.1 In placing an Order, you are confirming that the Products indicated therein are what you intend to purchase. We are not accepting refunds or exchanges of Orders.
9.2 In the event that you received a wrong item, you may return the Product to us within seven (7) days of receipt upon proof that the Product is not what you ordered as reflected in your Order. The Product shall be unused, unopened, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). You may contact us at firstname.lastname@example.org.
9.3 In the case of the immediately preceding clause, you shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
- FAULTY PRODUCTS
10.1 All Product descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
10.2 Product image as seen on the Site may slightly differ from the actual Product that you receive.
10.3 If the item you receive is faulty, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return.
10.4 Upon receipt of the Products, we will examine it and we will advise you on your right to a replacement, if any, via email as soon as practicable.
10.5 In the event the Product returned is not faulty, we may at our discretion decide not to repair or replace you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11.1 You may use promotional vouchers and e-gift cards while making payment for Products on the Site. Specific details for promotional vouchers and e-gift cards are listed below.
11.2 In redeeming vouchers, we accept no Liability for errors in the email address of the voucher recipient you provided.
11.3 If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
11.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift cards purchase or redemption of that voucher on the Site, we are entitled to close your Personal Account and/or require a different means of payment.
11.5 We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers.
11.6 In rare cases, TODAY’S SKIN may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
11.7 Conditions for the redemption of promotional vouchers:
From time to time we may distribute promotional vouchers that may be used only on the Site, which we will send to you either by email or post:
(a) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies.
(b) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
(c) The credit of a promotional voucher does not accrue interest nor does it have a cash value.
(d) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
11.8 Conditions for the redemption of e-gift cards:
You may purchase e-gift cards for use on the Site by you or other Customers. These e-gift cards will be sent by email.
(a) E-gift cards cannot be used to buy further e-gift cards. E-gift cards may only be purchased through debit card, credit card or PayPal.
(b) The credit of an e-gift cards does not accrue interest nor does it have a cash value.
(c) An order for an e-gift cards can be cancelled by contacting us at email@example.com. A voucher is considered to have been redeemed if it is used as payment in placing an Order.
(d) If the credit of an e-gift cards is insufficient for the Order you wish to make, you may make up the difference using one of our accepted payment methods.
- DISCLAIMER OF LIABILITY
12.1 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, TODAY’S SKIN and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, the law of equity, jursiprudence and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, actual, moral, temperate, nominal, exemplary, whether punitive or incidental, damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12.2 TODAY’S SKIN Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Site;
(b) reliance on any data or information made available through the Site. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
12.3 Nothing in these Terms and Conditions shall exclude or limit TODAY’S SKIN’s Liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other Liability which cannot be excluded or limited under applicable law.
12.4 The Products that are provided in the Site are on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Site. Without prejudice to the generality of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Site.
(b) that the Site will be secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the Site are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the Site, and you accept the risk that any information transmitted or received through the Site may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
12.5 Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Site is entirely at your own risk and we shall not be liable therefor.
12.6 The information available on or through this Site, and the Services supplied via or in connection with this Site, (including the editorial material provided by TODAY’S SKIN beauty experts), is intended as guiding information only and does not constitute medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you.
12.7 Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
12.8 We are under no obligation to enforce the Terms and Conditions on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
12.9 The TODAY’S SKIN entities make no claims or promises about the conduct of third parties. Accordingly, the we are not liable to you for any loss or damage that might arise from their actions, including, for example, if another user misuses your content or identity, or if you have a negative experience with one of the businesses listed on the service.
12.10 TODAY’S SKIN makes no claims or promises about the quality, accuracy, or reliability of the business listings, ratings, and reviews, or the safety or security of the service or any product or service that is the subject of information on its site. Accordingly, the TODAY’S SKIN entities are not liable to you for any loss or damage that might arise from your reliance on the quality, accuracy, or reliability of the content, descriptions, statements, ratings, or reviews, or the safety or security of the service.
12.11 TODAY’S SKIN expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.12 Your sole and exclusive right and remedy in case of dissatisfaction with the service or any other grievance shall be your termination and discontinuation of access to, or use of the service.
12.13 In the event that the law indisputably requires payment of damages, as ruled by competent courts or authority, you agree that TODAY’S SKIN maximum aggregate liability to you for losses or damages that you suffer in connection with the service or these terms of service is limited to the greater of (i) the amount paid, if any, by you to the today’s skin entities in connection with the service in the 12 months prior to the action giving rise to liability, or (ii) PhP 5,000.
13.1 You agree to indemnify, defend, hold harmless TODAY’S SKIN, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.
- GUARANTEE AND COMPLAINTS MANAGEMENT
14.1 TODAY’S SKIN shall perform its obligations under these Terms and Conditions with reasonable skills and care.
14.2 We place great value on our Customer satisfaction. You may contact us at any time at firstname.lastname@example.org. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
14.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within ten (10) Business Days, please make further enquiries.
- COMMUNICATION AND INFORMATION
15.1 We reserve the use to use the information you provide us for the purposes of fulfilling your orders and other business objectives. We guarantee that we shall not use any information you provide us in a manner violating of the Republic Act No. 10173 or the Data Privacy Act of 2012 and other pertinent laws or regulations.
15.2 TODAY’S SKIN may, without further or prior notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf with Today’s Skin or its agents for quality control and training purposes or for its own protection.
15.3 By creating a Personal Account, you agree to receive certain communications via e-mail, phone, or text message in connection with the Service at any e-mail address or phone number that you may have provided us.
15.4 TODAY’S SKIN may place calls or texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a billing dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce this Terms of Service, our policies, applicable law, or any other agreement we may have with you.
15.5 You alone are responsible for content you upload to the Site, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by TODAY’S SKIN
15.6 You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
15.7 We may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use your content for any purpose. You also irrevocably grant the users of the Site and other media the right to access your content in connection with their use of the Site and other media. Finally, you irrevocably waive, and cause to be waived, against Today’s Skin and its users any claims and assertions of moral rights or attribution with respect to your content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your content and other similar actions.
- CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
16.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
(g) Any circumstance analogous to the above
16.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
16.3 If we have Contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
16.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
17.1 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two Business Days of being posted to the recipients address within the Philippines.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
- INTELLECTUAL PROPERTY RIGHTS
18.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of TODAY’S SKIN or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by TODAY’S SKIN and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
18.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of TODAY’S SKIN in the Philippines and other countries. TODAY’S SKIN’s trademarks may not be used in connection with any product or service that is not provided by TODAY’S SKIN, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TODAY’S SKIN. All other trademarks not owned by TODAY’S SKIN that appear on the Site are the property of their respective owners.
18.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
18.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event TODAY’S SKIN becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
18.5 If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by TODAY’S SKIN or its licensors.
19.1 We shall use our reasonable endeavors to comply with any relevant advertising regulations relating to the Site of the Philippines.
19.2 TODAY’S SKIN and its licensees may publicly display advertisements and other information adjacent to or included with your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
19.3 We make some of the Site Content (the “Feed Content”) available via Real Simple Syndication, Atom or other feeds (the “Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on TODAY’S SKIN’s websites, and attributes TODAY’S SKIN as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Today Skin promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Today Skin’s systems. Today Skin reserves all rights in the Feed Content and may terminate or suspend any or all of the Feeds at any time. Please select “Partnerships” on our contacts page here to inquire about other possible uses of the Feeds.
- LINKS TO THE SITE
20.1 You may link to our home page, provided you do so in a way that is legal and is not likely to 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 on our part where none exists.
20.2 You must not establish a link from any Site that is not owned by you.
20.3 This Site must not be framed on any other Site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
21.1 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
- BINDING AND CONCLUSIVE
23.1 You acknowledge and agree that any records (including records of any telephone conversations relating to the Site, if any) maintained by us or our service providers relating to or in connection with the Site shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
24.1 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
- ASSIGNMENT AND SUB-CONTRACTING
25.1 You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
25.2 We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Site and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
26.1 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
- THIRD PARTY RIGHTS
27.1 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
- GOVERNING LAW
28.1 These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Philippine Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Philippine Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English or Filipino language.
29.1 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
29.2 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.