Last updated: January 11, 2017
This is an agreement between you and DermaSpark Products Inc. (with its affiliates, “DermaSpark”, “we” or “us”) regarding the product ordering service operated by DermaSpark (the “Service”). The rules, policies and guidance we provide regarding the Service, the Conditions of Use referred to as the “Terms” govern your use of the Service. The Service is a DermaSpark Service.
By signing up for or using the Service, you agree to the Terms.
If you do not have a DermaSpark account, you will need to establish an account. Your payment methods will not be stored on file.
We may offer Service membership plans and may change Service membership plans and their features from time to time. If you sign up for a Service membership plan, you agree to the terms, conditions and limitations associated with that Service membership plan that are posted on our website. We may add or remove content and services to the Service or any Service membership plan at any time and make no guarantee as to the availability of specific content or services in any membership plan or as to any minimal amount of content or services in any membership plan. Some of our content and features may be offered in limited territories, and we may use geofiltering technology to restrict access outside of those territories.
Fees and Renewal
Fees for the Service may vary. Fees may be subject to tax and are non-refundable except in the specific circumstances described in these Terms.
If you sign up for a Service membership plan, unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand your Service membership plan will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable membership fees and any taxes.
You may cancel your membership plan by visiting your account details page for the Service provided on DermaSpark.com (your “Account Details”) and adjusting your membership settings. If you cancel your membership, you will not receive a refund of any membership fees already paid. When your membership is cancelled, we may terminate your member benefits.
We reserve the right to accept or refuse membership or to restrict use of the Service in our discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to the Terms except as otherwise stated in the promotional offers. Trial members may, at any time, choose not to continue to paid membership by cancelling prior to the end of the trial period.
We may, in our discretion, change the Terms and all elements of them and any aspect of the Service or any Service membership, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes. Your continued use of the Service or membership after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your membership.
Termination by Us
Our business may change over time and we reserve the right to cancel the Service and any membership plan in whole or in part, and to terminate your membership and use of the Service at our discretion without notice. If we do so, we will give you a prorated refund based on the number days remaining in your membership unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
DISPUTES; LIMITATION OF LIABILITY
Any dispute or claim arising from or relating to these Terms or your use of the Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without reference to the conflicts of laws provisions thereof.
Last updated: January 11, 2017