TERMS OF WEBSITE USE
Whether as a guest or a registered user, this page (together with the documents
referred to on it) provides the terms pursuant to which you may make use of any
of the following websites (collectively, the "Sites"):
www.dermalogica.ca www.dermalinstitute.ca
Please read these terms of use carefully before you start to use any of the Sites.
By using any of the Sites, you indicate that you accept these terms of use and that
you agree to abide by them. If you do not agree to these terms of use, please refrain
from using any of the Sites.
1. INFORMATION ABOUT US
www.dermalogica.ca and www.dermalinstitute.ca are Sites operated by Dermalogica
(Canada) Ltd. ("Dermalogica") whose principal place of business is located at 720
King Street West, Toronto, Ontario, M5V 2T3.
2. ACCESSING THE SITES
Access to the Sites is permitted on a temporary basis, and Dermalogica reserves
the right to withdraw or amend the information and services it provides on the Sites
without notice (see below). Dermalogica will not be liable if, for any reason, the
Sites are unavailable at any time or for any period. From time to time, Dermalogica
may restrict access to entire Sites or to some parts of them, to users who have
registered with us.
If you choose, or you are provided with, a user identification code, password or
any other piece of information, as part of Dermalogica's security procedures, you
must treat such information as confidential, and you must not disclose it to any
third party. Dermalogica has the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if, in Dermalogica's
opinion, you have failed to comply with any of the provisions of these terms of
use.
You are responsible for making all arrangements necessary for you to have access
to the Sites. You are also responsible for ensuring that all persons who access
the Sites through your internet connection are aware of these terms, and that they
comply with them.
3. INTELLECTUAL PROPERTY RIGHTS
Dermalogica is the owner or the licensee of any and all trade marks, logos, service
marks or other intellectual property (collectively, the "IP") contained in, or displayed
on, the Sites and the material published on them. The IP is protected by copyright
and other laws and treaties around the world and you are prohibited from using the
IP for any purpose including, but not limited to, use as metatags on other pages
or sites on the World Wide Web without our written permission or such third party
which may own the IP. You may print off one copy, and may download extracts, of
any page(s) from the Sites for your personal reference and you may draw the attention
of others within your organization to material posted on the Sites. You are prohibited
from modifying, copying, distributing, transmitting, displaying, publishing, selling,
licensing, creating derivative works or using any of the IP for any purpose, whether
in paper or digital format, except as otherwise explicitly permitted hereunder,
provided that you are prohibited from using any illustrations, photographs, video
or audio sequences or any graphics separately from any accompanying text. In all
cases, Dermalogica's status (and that of any identified contributors) as the authors
of material on the Sites must always be acknowledged.
You must not use any part of the materials on the Sites for commercial purposes
without obtaining a license to do so from us or our licensors. If you print off,
copy or download any part of the Sites in breach of these terms of use, your right
to use the Sites will cease immediately and you must, at Dermalogica's option, return
or destroy any copies of the materials you have made.
4. RELIANCE ON INFORMATION POSTED
All commentary and other materials posted on the sites are provided by us are provided
"as is" without warranty of any kind either express or implied including, but not
limited to, the implied warranties of merchantability and/or fitness for a particular
purpose, title, non-infringement or accuracy. We do not endorse and are not responsible
for the accuracy or reliability of such commentary, materials or any opinions, advice,
or statements contained on the sites, or the capabilities or reliability of any
product or service referred to, discussed or provided by us. Under no circumstances
will we, our affiliates, agents, shareholders and/or directors (the "Dermalogica
Group") be liable for any loss or damage caused by a reliance on information obtained
through the sites or a linked site, or reliance on any commentary, opinions, advice,
statements, products or services obtained from us.
5. THE SITES CHANGES REGULARLY
Dermalogica aims to update the Sites regularly, and may change the content at any
time. If the need arises, Dermalogica may suspend access to the Sites, or close
it indefinitely. Any of the material on the Sites may be out of date at any given
time, and Dermalogica is under no obligation to update such material.
6. OUR LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE LIABLE TO YOU OR ANY OTHER PERSON
OR ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, DIRECT OR
INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS,
COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS.
TO THE EXTENT PERMITTED BY LAW, THE DERMALOGICA GROUP HEREBY EXPRESSLY DISCLAIMS
ANY AND ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED
BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES
Dermalogica collects, uses and discloses information about you in accordance with
its Privacy Policy . By using the Sites, you consent
to such collection, use and disclosure, and you warrant that all data provided by
you is accurate.
8. TRANSACTIONS CONCLUDED THROUGH THE SITES
Contracts for the supply of educational classes or products formed through the Sites
or as a result of visits made by you are governed by Dermalogica's
Online Class Booking Terms and Conditions.
9. LINKING TO THE SITES
You may link to Dermalogica's home page, provided you do so in a way that is fair
and legal and does not damage Dermalogica's 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 Dermalogica's part where none exists. You must not establish
a link from any website that is not owned by you.
The Sites must not be framed on any other Sites, nor may you create a link to any
part of the Sites other than the home page. Dermalogica reserves the right to withdraw
linking permission without notice. If you wish to make any use of material on the
Sites other than that set out above, please address your request to info@dermalogica.ca.
10. LINKS FROM THE SITES
Where the Sites contain links to other websites and resources provided by third
parties, these links are provided for your information only. Dermalogica has no
control over the contents of those websites or resources, and accepts no responsibility
for them or for any loss or damage that may arise from your use of them and Dermalogica
makes no representations or warranties or endorsements in respect of the information,
products or services presented in any third party resources or websites.
11. JURISDICTION AND APPLICABLE LAW
The Sites are operated and controlled by Dermalogica from our offices located within
the Province of Ontario, but can be accessed from jurisdictions whose laws may differ
from those of the Province of Ontario. By accessing the Sites, you agree that the
laws of the Province of Ontario and the laws of Canada applicable therein shall
govern as to the interpretation, validity and effect of these Terms of Website Use
notwithstanding any conflict of laws provisions or your domicile, residence or physical
location. You agree that if you access the Sites outside of the Province of Ontario,
you are responsible for compliance with local laws. You consent and submit to the
exclusive jurisdiction of the courts of the Province of Ontario in any action or
proceeding instituted under or related to these Terms of Website (including, but
not limited to, a breach thereof), your use of the Sites, and/or any other proceeding
involving us, either directly or indirectly.
12. VARIATIONS
Dermalogica may revise these terms of use at any time by amending this page. You
are expected to check this page from time to time to take notice of any changes
Dermalogica has made, as the terms of use in effect at the time you access this
Site are binding on you. Some of the provisions contained in these terms of use
may also be superseded by provisions or notices published elsewhere on the Sites.