CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
DermaSpark Products Inc. reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear at the bottom of this page. Please check back frequently to see the Agreement then in effect. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.
DermaSpark Products Inc. also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to DermaSpark Products Inc.’s other remedies under applicable laws. DermaSpark Products Inc. further reserves the right to terminate, without notice, any user’s access to or use of the Site or Services for any reason.
DermaSpark Products Inc. reserves the right without notice, at any time and for any reason, to terminate, temporarily or permanently, the Site or any portion thereof or any products or Services offered through the Site.
OWNERSHIP OF THE SITE AND SITE INFORMATION
The Site is expressly owned and operated by DermaSpark Products Inc.. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by DermaSpark Products Inc. or its affiliates or are licensed from third parties by DermaSpark Products Inc.. The Site and the Site Information, as a whole and in part, is protected by US, Canadian and international copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights and laws. All other applicable rights are reserved.
USE OF THE SERVICE BY YOU
Use of the Site, Services or Site Information for any purpose not expressly permitted in this Agreement is prohibited. You may view and use the Site Information only for your own information purposes and for shopping and ordering on the Site. DermaSpark Products Inc. authorizes you to print and download a single copy of the Site Information solely for your own lawful, personal, non-commercial use if you retain all copyright and proprietary rights notices contained in the Site Information and the citation of the URL Source of such Site Information. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the Site and the Services is personal to you — you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
DermaSpark Products Inc. does not provide medical advice. The products offered by DermaSpark Products Inc. are not offered as prevention, treatment or cure for any medical conditions. The Content provided on the Website is provided for informational and educational purposes only and should not be substituted for the advice of a healthcare professional or as a substitute for any information contained in or on any product label or packaging. DermaSpark Products Inc. recommends that you consult with a healthcare professional, as appropriate, regarding the evaluation of any specific information, opinion, advice or Content and prior to the purchase of any product. Website users assume the risk of any adverse effects.
NON-COMMERCIAL USE ONLY
The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavours. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with DermaSpark Products Inc.. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or DermaSpark Products Inc.. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
DermaSpark Products Inc. reserves the right, at its sole discretion to prohibit sales to dealers and resellers. DermaSpark Products Inc. also reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
The Site and the Services are not intended for users under the age of majority in your jurisdiction of residence. To register for any Services offered on the Site, you must be the age of majority in your jurisdiction of residence. If you are under the age of majority in your jurisdiction of residence, you may only use the Site in conjunction with your parents or guardians. DermaSpark Products Inc. does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and DermaSpark Products Inc. becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
REGISTRATION WITH DERMAROLLERCLINICS.COM
You will need to provide us with certain information, including your name, address, phone number and email address, to open an account and/or make a purchase with us. In consideration of your use of the Site and the Services provided, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
If necessary, we will assist you in creating a user id and a password. You are responsible for maintaining the security of your log-in information and password, and for any and all activity that occurs on the Site under such password or user id. You agree to immediately notify DermaSpark Products Inc. of any unauthorized use of your password or user id or any other breach of security.
SHOPPING CART ORDERS
When you request to purchase items in your shopping cart, we will forward your request and certain account information to the applicable e-commerce service provider for processing. The sales transaction will occur and be consummated on the service provider’s Site and not on the Site.
You may pay for your purchase using one of the following credit cards: MasterCard or Visa. You authorize DermaSpark Products Inc. to charge the applicable card the amount of the invoice. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and DermaSpark Products Inc. will have no obligation to fulfill your order.
All billing and order information provided by you to DermaSpark Products Inc. must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account (or, if you are a guest, to the email address you provide to us when you place your order). Such e-mail is a confirmation that your order has been received.
AVAILABILITY & DESCRIPTIONS
The purchase of products on the Site is subject to availability. In the event that the product you request is not available at the time of your order, DermaSpark Products Inc. will have no obligation to fulfill your order and you will have no obligation to pay DermaSpark Products Inc. for the order.
Although we strive to update and keep accurate as much as possible the Site Information contained on the Site, errors (including out-of-date information), omissions and/or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information, DermaSpark Products Inc. shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation. The Site may change, delete or update any Site Information at any time and without prior notice.
PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
FREIGHT TERM, TITLE TRANSFER
Unless otherwise agreed, products shall be shipped “F.O.B Origin” (DermaSpark Products Inc.’s warehouse), regardless of prepaid freight by DermaSpark Products Inc. or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of buyer’s order shall alter the foregoing.
Shipping to Canada is done by Canada Post/UPS/Purolator/FedEx or other freight companies. Different delivery timeframes such as “expedited” or “express” may be offered. We require an additional 2 days processing time in addition to the freight company shipping time. A shipping confirmation e-mail containing your tracking information will be sent within 48 hours of when your order is shipped.
At DermaSpark Products Inc. we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items.
We offer a 100% money back guarantee on any un-opened product returned, for any reason within 14 days.
Before you return any Product to us please contact our Customer Care Staff at 604-322-5577 or Toll Free at 1-866-237-0849 or by email to CustomerCare@DermaSpark.com. We will e-mail you a printable Return Authorization with confirmation number to include with your return shipment, along with the address for returning the product. In order for us to receive Products back undamaged we recommend that you return them in the original packaging. Return Authorization is required for refund. Returns without a Return Authorization will be returned to sender.
To be eligible to receive a refund, returns must be post-marked within 14 days from your initial contact with Customer Care. We will inspect your return and issue you a full refund of the original purchase price for the returned product, less the amount of any damaged or missing items. Unfortunately we will not return any original or return shipping costs.
For Products that arrived damaged we will offer you a replacement.
In the rare incident that the wrong Product has been delivered we will dispatch the correct Product or if the original Product is no longer required we will offer a full refund, upon receipt of the item delivered in error. In order for us to receive Products back undamaged we recommend that you return them in the original packaging. We reserve the right to withhold a refund where inadequate packaging has been used.
A confirmation e-mail will be sent to you once your refund has been processed. Please allow up to 14 business days from receipt of your package for processing of your refund.
CONTENT SUPPLIED BY YOU
DermaSpark Products Inc. may make certain Services available to registered users and facilitate such users’ ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials (“Content”) to the Site, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of the Site, you agree not to post any unacceptable Content (“Unacceptable Content”). Unacceptable Content includes, but is not limited to, Content that:
- Concerns a use for which a product is not intended;
- Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
- Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
- Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy, or the rights of any third party;
- Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;
- Is libellous, defamatory, or knowingly false or misrepresents another person;
- Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
- Includes any material that is encrypted or that involves the transmission of “junk mail,” unsolicited mass mailing or spamming, or unauthorized advertising;
- Is harmful to DermaSpark Products Inc. or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
- Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
- Consists of any other Content that DermaSpark Products Inc. in its sole discretion deems to be Unacceptable Content.
By posting Content or engaging in any other form of communication through the Site, you grant DermaSpark Products Inc., and represent and warrant that you have the right to so grant, a royalty-free, perpetual, irrevocable, non-exclusive, transferable, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit, translate, publish, create derivative works of, sell, sublicense, distribute, incorporate into other works, and otherwise exploit such Content or communication, in whole or in part, alone or with other materials, and to sell, grant and authorize sublicenses of the foregoing, in any form, medium or technology now known or hereafter created or devised, throughout the world, for any purpose, including without limitation commercial, advertising and promotional activities, without compensation to you.
CONTENT POSTED BY USERS IS NOT ENDORSED BY DERMASPARK PRODUCTS INC.
DermaSpark Products Inc. does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on the Site. Any Content placed on the Site, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of DermaSpark Products Inc. or its third party service providers. DermaSpark Products Inc. reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on the Site, in its sole discretion, without notice. You agree that DermaSpark Products Inc. and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to the Site by others, including Unacceptable Content that violates this Agreement.
THIRD PARTY LINKAGES
DermaSpark Products Inc. respects the intellectual property of others, and we ask our users to do the same. DermaSpark Products Inc. may, at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify DermaSpark Products Inc. in writing by providing a notice containing the information set forth below to:
DermaSpark Products Inc.
628 East Kent Ave. South, Unit 155
Vancouver BC V5X 0B2
The notice of copyright infringement must contain:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work(s).
- Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to locate the material on the Site.
- Contact information for the person sending the notice, such as an address, telephone number, and email address.
- A statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.
You agree to indemnify DermaSpark Products Inc. and its affiliates, officers, directors, employees, agents, representatives, joint venturers, and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your Content submissions, from your use of the Site, Services or Site Information, connection thereto, or any alleged breach by you of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE, THE SITE INFORMATION AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW AND, NOTWITHSTANDING ANY MANUFACTURER’S WARRANTY OFFERED IN CONNECTION WITH A PRODUCT PURCHASED ON THE SITE, DERMASPARK PRODUCTS INC., ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. DERMASPARK PRODUCTS INC., ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SITE INFORMATION IS ACCURATE, RELIABLE OR CORRECT; THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION; OR THAT NO VIRUSES OR OTHER HARMFUL COMPONENTS WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM AMOUNT PERMITTED BY APPLICABLE LAW, DERMASPARK PRODUCTS INC., ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, SITE INFORMATION, OR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE OR THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
YOU HEREBY AGREE TO RELEASE DERMASPARK PRODUCTS INC., ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES.
When you visit the Site or send emails to us, you are communicating with us electronically. We will obtain your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
JURISDICTION AND GOVERNING LAW
DermaSpark Products Inc. makes no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Unless the laws of your jurisdiction require the laws of that jurisdiction apply, you agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Province of British Columbia and any action based on or alleging a breach of this Agreement must be brought in a court located in Vancouver British Columbia. In addition, unless the laws of your jurisdiction require the laws of that jurisdiction apply, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
DermaSpark Products Inc. and the Site names, logos, and other identifying marks are the property of DermaSpark Products Inc.. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners. Such trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
This Agreement as well as any notices posted on the Site constitutes the entire agreement between you and DermaSpark Products Inc. with respect to your purchase of products and use of the Site, the Services and the Site Information. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. The delay or failure of DermaSpark Products Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit DermaSpark Products Inc.’s rights with respect to such breach or any subsequent breaches. Notwithstanding any other provisions of this Agreement, any provision of this Agreement that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of this Agreement, including, without limitation, the indemnification and limitation of liability provisions.
Contact our Customer Care department by:
- Sending us an e-mail to CustomerCare@DermaSpark.com
- Calling 604-322-5577
- Writing to us at:
DermaSpark Products Inc.
628 East Kent Ave. South, Unit 155
Vancouver BC V5X 0B2
LAST REVISED : September, 2017