Welcome to Facial Co.

Terms Of Use

TERMS AND CONDITIONS

Welcome to the Facial Co website (“the Website”) which is operated by Ry.com.au Pty Ltd A.C.N 124 095 512 (as trustee) ABN 19 646 050 084 (we, us, our or Facial Co).

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. We reserve the right to amend the Terms of Use at any time.

Our Services
We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.
 
Prohibited Conduct
In relation to the Website, you must not:

• use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
• use the Website to send unsolicited email messages;
• in any way tamper with, hinder or modify the Website;
• knowingly transmit any viruses or other disabling features to the Website or via the Website; or
• attempt any of the above acts or facilitate or assist another person to do any of the above acts
 
Intellectual Property
The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by Facial Co and protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

• reproduce or use any of the material on the Website for commercial purposes, including sale;
• in any way modify the material on the Website; or
• cause any of the material on the Website to be framed or embedded in another website.
• In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
 
Third Party Links
The Website may contain hyper links and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyper link contained in a Linked Website. 

We provide the hyper links for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
 
Indemnity
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
 
Disclaimer
Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website:

• all material on the Website is provided to you without warranties of any kind, either express or implied;
• we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
• we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
• we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Limitation of Liability
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:
• resupply of the services; or
• the payment of the cost of having the services resupplied.

In the case of goods supplied or offered by us:
• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods;
• the payment of the costs of replacing the goods or acquiring equivalent goods; or
• the payment of the costs of having the goods repaired.

Privacy
By agreeing to and accepting the Terms of Use, you also agree to the terms of the Facial Co Privacy Policy.
 
Termination
The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.
 
Miscellaneous
We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
 
Pricing
We reserve the right to change any price at which we offer our products or services and to correct any errors in pricing contained on our web site. While we fully honour all of our commitments, Facial Co shall have no liability for any such changes and/or errors and we are not bound to fulfil orders at outdated or erroneous prices.

All promotional pricing displayed on artwork and banners will be in AUD currency.
 
Content
We hope to quickly correct any textual, graphical or factual errors in our website content. No matter what the error is—from a misspelled word, missing or incorrectly matched photograph, broken hyper link—please Contact Us, and we will fix it ASAP. We are 100% committed to you and the accuracy of our website; however, we do not guarantee that the product descriptions on our website or other content are current, reliable, complete or accurate.

If a product you buy from us is not as described or as you perceived, your only course of action is a full refund within 14 days of purchase after you return the product in its complete and unused condition.
 
Stock
While we always try to stock ample levels of all items we do sometimes become out of stock of some products. In this case you will be emailed and informed of the expected delay. The general delay is usually only 3 - 5 days.
 
Applicable Law
The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
 
Promotions
Conditions for the redemption of promotional offers:

• From time to time we may release promotional vouchers that may be used on the Website. Promotional vouchers can only be redeemed on the Website.
• Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offer (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions.
• The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
• 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.
• The credit of a promotional voucher does not accrue interest nor does it have a cash value.
• If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
• Please note that only one promotional voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
• All promotions are in Australian dollars and all minimum spends must equal to AUS currency.
• You must apply the promo code in the bottom of your cart to receive the discount on valid items in your order.
• Facial Co has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.
• Promo code is single-use only

If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

The promotion cannot be applied to an order that has been completed, nor can the relevant promo code and discount be applied to an invalid order.

If items from the order are returned and your order no longer meets the spend level required for the promotion, all remaining items will be charged at their listed price at time of purchase. If the return drops your order below the required spend level you will not receive the discount offered to the lower amount. Cash back offers will be in the form of store credit and will be applied to your account once your purchase has been shipped.

Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.

Facial Co reserves the right to cancel or modify a promotional offer at any time.
 
Competitions
Winners will have 7 days to claim their prize, at which time the prize will be redrawn.

Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition.

Entry into a promotion is only open to Australian and New Zealand residents. In the event of any dispute about the identity of the winner or an entrant, we reserve the right to request the proof of the winner's age, identity, and residency.

Incomplete or indecipherable entries will be deemed invalid.

We reserve the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.

If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.

Entrants consent to us using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.

If for whatever reason the original prize is unavailable, we, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.

Except for any liability that cannot be excluded by law, we (including its officers, employees and agents) exclude all liability (in contract or tort, and including negligence) for any personal injury, or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of a promotion, including but not limited to, where arising out of the following:

• any technical difficulties or equipment malfunction (whether or not within our control);
• any theft, unauthorized access or third party interference;
• any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us);
• any variation in the prize value to that stated in a promotion;
• any tax liability incurred by a winner or entrant; or
• use of the prize(s).

Our decision is final and no correspondence will be entered into.

Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.

Prizes, discounts, and vouchers offered in connection with promotions, competitions and giveaways run by us cannot be used in conjunction with any other offer (including, but not limited to, sales and other promotions).

The prize (or any part thereof) cannot be sold, the prize (or any part thereof) is not transferable or exchangeable and cannot be taken for cash. No responsibility is accepted for any variation in the value of the prize.

We collect personal information in order to conduct promotions and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. We may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
 
Rewards Program Terms & Conditions
• Facial Co reserves the right to change the Reward Program rules, benefits, terms, conditions and limitations, or to cancel the program entirely at any time without prior notification.
• If Facial Co terminates the program, any remaining or unused reward point balances will be forfeited.
• Facial Co Rewards is administered by FacialCo.com.au and our standard Privacy Policy is effective. Our Privacy Policy can be viewed on our website.
• Facial Co Rewards is a customer service program of FacialCo.com.au.
• Customers release Facial Co and any associated parties from all liability in connection with the Facial Co Rewards Program. Each customer permits sharing of information necessary to fulfil the terms of the Program.
• The customer is responsible for determining any tax liability arising from participation in the Program.
• Facial Co is not responsible for errors and/or omissions in any Program document.

Reward Points can be earned in the following ways: 

• 2 points for every $1 spent
• 100 points for a review (up to 10 reviews can be rewarded)
• 50 points for newsletter subscription
• 2000 points for referring friends that shop on our website (up to 5 friend refers)

Facial Co Rewards points will expire in 365 days - 1 year.

The loyalty program will only count points for every $200 spent (eg. 190 points = $0, 420 points = $2, 570 points = $2, 601 points = $3 and so on)

To earn points for future purchases, members must sign into their account using the email address and password used to create their original account before completing a valid transaction. 

Points earned will be adjusted for all returned and refunded merchandise.

Facial Co Rewards is exclusive to www.facialco.com.au and points cannot be earned or redeemed through our physical stores.

Unauthorised purchases and fraudulent transactions do not earn points.

There is no limit to the number of points you can earn.

Points have no cash value.

Points are earned on the Facial Co sale price, NOT THE RRP.
 
Contacting Us
If you have any questions relating to the Terms of Use, please contact us by emailing ask@facialco.com.au

Terms of Use last updated on 1 September 2016

PRIVACY POLICY

Ry.com.au Pty Ltd A.C.N 124 095 512 (as trustee) ABN 19 646 050 084 (weusour or Facial Co) recognises and values the protection of your personal information. We are aware of our obligations under the Privacy Act 1988 (Cth) and we will ensure that we fulfil our obligations under that Act.

We also recognise that you may have concerns about our collection of your personal information via our website, which is located at www.facialco.com.au (the Website) and how we may use that information.

We have implemented this Privacy Policy in order to inform you about how we will collect, store, use your personal information and under what circumstances we may disclose your personal information.

Please note that this Privacy Policy forms part of the Recreate Yourself Terms of Use document, which is displayed at the bottom of the Website.

Information we collect from you

From time to time, we may ask you to supply personal information such as your name, address, date of birth, telephone number or e-mail address. However, under no circumstances will we request or collect any information from you that may disclose your:

  • political, religious or philosophical beliefs or affiliations;
  • health and sexuality;
  • racial or ethnic origin; or
  • criminal convictions.

We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.

Personal information via the Website

Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not identify you personally.

If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website. 

Your option not to provide your personal information

Providing us with your personal information is absolutely optional, and whenever it is optional for you to provide us with your personal information, we will make this clear to you. When you provide us with your personal information, you are consenting to our storage, use and disclosure of that information as outlined in this Privacy Policy.

We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is absolutely optional to you. However if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.

You may opt out of these additional communications at any time and can do so by emailing us.

Use and disclosure of your personal information

Your personal information, including your e-mail address, will be used for two primary purposes:

  1. to ensure the proper functioning of the Website; and
  2. to assist us with our marketing, planning and product development.

We will not use or disclose (or permit the use or disclosure of) personal information that could be used to identify an individual member in any circumstances except:

  • to ensure the proper functioning of our business and the Website in relation to the person in question (for example, to confirm your acceptance of our Terms of Use, or to seek your views on the operation of the RY business and the Website in order to improve it);
  • to communicate promotional offers and special events to you;
  • to avoid risks to health and safety of an individual or society at large;
  • where the law requires us, or authorises us to do so; or
  • where you have given express consent to us for a prescribed purpose.

We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than a business entity that is corporately related to us, or who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) regarding the handling of personal information.


Your information may be shared by us with members of our group company and third party service providers performing services for us or members of our company group.  Further, if our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

Terms of Use

We will take all reasonable steps to ensure that all information collected from you is accurate, up to date, complete and stored in a secure environment and accessed only by our authorised personnel.

Please note that no information transmitted over the Internet can be guaranteed to be 100% secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

Unsubscribing from our e-mail database

To unsubscribe from our e-mail database, please send an e-mail to ask@facialco.com.au with “UNSUBSCRIBE” typed into the subject line of the e-mail. Alternatively, recipients can opt out of our mailing list at any time by hitting the "unsubscibe" button at the bottom of our emails.

Accessing, correcting and updating your information

You have the right to access the information that you provide to us.

If you wish to access or modify any personal information that you have provided to us, please contact our Privacy Officer at ask@facialco.com.au.

Contacting us

If you have any concerns or questions about our Privacy Policy, please contact us at ask@facialco.com.au or phone us on 1300 796 400.

FacialCo.com.au Head Office is located at 1/10 Kortum Drive, Burleigh Heads QLD 4220.

We reserve our right to modify or amend this Privacy Policy at any time and without notice to you. For further information about privacy, please refer to the Australian Privacy Commissioner’s website www.privacy.gov.au.

We appreciate you taking the time to read the Facial Co Privacy Policy.

Privacy Policy last updated on 02/03/17.