Terms of service

OVERVIEW

Welcome to Syzygy Skin. The terms "we," "us," and "our" refer to Syzygy Skin. Syzygy Skin operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a considered skincare shopping experience (the "Services"). Syzygy Skin is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device's settings and configuration.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Syzygy Skin reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Syzygy Skin confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Syzygy Skin may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices are inclusive of GST (where applicable) but do not include shipping, handling, customs, or import charges.

We may, from time to time, offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the payment method for the purchase; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Syzygy Skin, its affiliates, or licensors, and are protected by Australian and international patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Syzygy Skin, Shopify, or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Syzygy Skin.

Syzygy Skin's names, logos, product and service names, designs, and slogans are trademarks of Syzygy Skin or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[Note: This section accurately characterises Shopify's relationship with your store and should not be removed or modified.]

Syzygy Skin is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Syzygy Skin. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Syzygy Skin, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Syzygy Skin.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, or other proprietary right, and will not contain unlawful, abusive, or obscene content, or any virus or malware. You may not use a false email address or otherwise mislead us as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services to: (a) pursue any unlawful or malicious purpose; (b) violate any applicable law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, or harm any person; (e) transmit false or misleading information; (f) send spam or unsolicited promotional material; (g) impersonate any person or entity; or (h) engage in conduct that restricts or inhibits anyone's use of the Services or that may harm Syzygy Skin, Shopify, or other users.

You also agree not to: upload viruses or malicious code; scrape, extract, or reproduce any portion of the Services without authorisation; collect the personal information of others; or use bots, scrapers, AI agents, or other automated means to access the Services without our permission. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.

SECTION 14 – AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name in the request's user agent string; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, modify, or control Agent access.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by Syzygy Skin, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Nothing in this section limits any consumer guarantee that cannot be excluded under the Australian Consumer Law.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no case shall Syzygy Skin, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products procured using the Services. Nothing in this section limits any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Syzygy Skin, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted by us, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements or communications, whether oral or written.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia, and you and Syzygy Skin consent to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@syzygyskin.com.

Syzygy Skin
info@syzygyskin.com
Suite 22, Level 1, 93 George Street, Parramatta, NSW 2151
ABN: 67 686 606 762