Terms and Conditions
WHAT IS PERSONAL INFORMATION?
“Personal information” means information or an opinion that is capable of reasonably identifying an individual, whether that information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
TYPES OF PERSONAL INFORMATION COLLECTED
The types of personal information we may collect from you includes (but is not limited to): your name, postal address, email address, telephone or mobile phone number(s), information such as credit or debit card information, your opinions on our products and details of, for example, your skin routine if you use our online tool.
MANNER OF COLLECTION
We may collect personal information from you in variety of ways, including when you:
- sign-up for an account on our Website or when you manage/change your account information;
- place orders for and/or purchase our products;
- use our online tool to receive skincare recommendations;
- visit the Website, Facebook page and other social media webpages that we manage and provide comments;
- provide feedback on our products or customer service by, for example, email, phone or via our Website or social media pages;
- contact us by phone, email, post or via our Website enquiry forms;
- apply for employment with us;
- subscribe to receive our newsletters or other promotional materials; and
- sign-up to participate in surveys, competitions or other promotional activities. Please note that our promotions, competitions and surveys are usually subject to their own terms and conditions, which may also address additional privacy matters.
We may also collect certain non-personal information when you visit or use our Website, for example, your IP address and details of your operating system or internet browser etc.
We may also collect your personal information from third parties. This may include (but is not limited to):
- law enforcement agencies and other government entities;
- payment service providers;
- someone duly authorised to act on your behalf;
- market research service providers; and
- your referees and/or previous employers, where you have applied for employment with us.
Your personal information will only be collected from third parties if it unreasonable or impractical to collect that personal information from you directly. If and when we do collect personal information from third parties, we will take reasonable steps in the circumstances to inform you of this collection and obtain your consent.
USE OF PERSONAL INFORMATION
Jenicoh may use your personal information for a number of purposes, including the following:
- registering, setting up and managing customer accounts;
- processing transactions and fulfilling orders for products;
- responding to your questions, comments and requests and to otherwise provide customer services;
- to administer promotions, surveys and competitions;
- carrying out market research and product analysis and development;
- marketing our products and services and providing you with information and updates, such as newsletters or offers of promotional events or opportunities (such as competitions or surveys) that you may be interested in;
- the prevention of fraud and/or identifying and investigating any suspicious use of our Website;
- assessing and processing employment applications and conducting due diligence as part of pre-employment screening;
- for our internal business and management processes, for example, accounting or auditing purposes;
- for any other purpose to allow us to comply with our obligations under law; and
- for any other purposes that would reasonably be expected by you.
Jenicoh may use third parties to provide essential services on our Website or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties may include:
- third party service providers, dealers, agents and contractors who assist us in managing our business or operating our Website, such as business support services, payment processors, webhosting service providers, cloud storage providers, mailing houses and delivery service providers etc. As a result, when you use our Website, WooCommerce or Shopify may collect your name, email address, shipping and billing address, payment details, phone number, IP address and device data. requires this information so that it can provide us with its website services;
- sponsors or promoters of any competition that we conduct;
- our professional advisors including lawyers, accountants, tax advisors and auditors;
- anyone to whom our assets or business (or any part of them) may be transferred;
- law enforcement bodies to assist in their functions, courts of law or as otherwise required or authorised by law; and
- regulatory or government bodies for the purposes of resolving customer complaints or investigations.
While these third parties are ordinarily Australian-based, please be aware that for example Shopify is located in Canada and its affiliated companies are based in the USA (so your personal information will be transferred to those locations).
Check the “Help” menu of your browser for more information on how to change your cookie preferences. You may disable cookies or set your browser to alert you when cookies are being sent. If you do disable cookies, we may be unable to optimise your visit to our Website and you may experience some errors. Refer to your browser instructions or help screens to learn about these functions.
STORAGE OF PERSONAL INFORMATION
The security of your personal information is important to us. We take such steps as are reasonable in the circumstances to maintain the integrity and store securely your personal information to protect it from interference, misuse and loss and from unauthorised use, access, modification or disclosure.
When you enter information, such as credit card numbers, on our Website, we encrypt that information using secure socket layer technology (SSL). We never permanently store complete credit card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
If you have any questions about security on our Website, you can email us at firstname.lastname@example.org
Jenicoh sends by email Promotions to those who subscribe to the service. Our Promotions contain the latest product information, news and promotional offers. If you would like to unsubscribe, please email email@example.com or use the unsubscribe link in any electronic Promotion we send to you.
ACCESS AND CORRECT YOUR PERSONAL INFORMATION
You are entitled to access and correct the personal information we hold about you and to have any inaccuracies in the information corrected. However, in order to maintain the accuracy of your personal information, we rely on the quality of the personal information you provide to us.
If your personal information changes, or if you no longer desire our products or services, you may correct, update or delete your personal information by logging into your account or you deactivate your account by emailing us at or by contacting us using the Contact Details below.
If you would like to access any of the personal information we hold about you, you may do so by sending us an email to firstname.lastname@example.org or by contacting us using the Contact Details below and informing us that you wish to access your personal information.
There are some circumstances specified by law where we may refuse your request for access to your personal information. However, if one of these circumstances applies, we will provide you with a written explanation of the reasons for refusal, unless it would be unreasonable to provide that notice.
Once we receive your request for access, we will endeavour to respond to your request within a reasonable period after the request is made. We may also charge reasonable costs for responding to your request.
If you have any concerns or a complaint about a breach of your privacy or the way we have handled your personal information, please email email@example.com or contact us using the Contact Details below and inform us of the nature of your complaint.
We will then investigate your complaint and endeavour to provide you with our response within a reasonable time. If, after receiving our response you still consider that your privacy complaint remains unresolved, you may then, for example, refer your concern to the Office of the Australian Information Commissioner at www.oaic.gov.au.
We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on Jenicoh.
PRIVACY COLLECTION NOTICE – ONLINE TOOL
Jenicoh (ABN 87303946770 (“Jenicoh”, “us” or “we” or “our”) is collecting your personal information to enable you to use any current or future online tools to determine which products might be best suited to you. Personal information which may be collected includes, for example, your name, age, occupation, interests and details of your skin care routine.
Failure to provide your personal information may prevent you from being able to fully utilise the tool.
Your personal information may be disclosed to third parties who provide essential services on our Website or for our business processes, such as our webhosting service provider and delivery service providers.
We may also use your personal information for the purposes of marketing our products and services, for example, to send newsletters and promotional offers.
If you would like to seek access to or correct your personal information or make a privacy complaint, please contact us via the details provided below.
Last Updated: 01 April 2018
Terms and Conditions
In these Terms, ‘us’, ‘we’ and ‘our’ means Jenicoh
You must be a registered account holder to place orders on our website.
You are responsible for keeping your password secure and for all use and activity which takes place in connection with your account.
To create an account, you must agree and undertake to use the website in accordance with these Terms.
2. COLLECTION NOTICE
We may disclose your information to third parties that help us deliver our products and services (including information technology suppliers, couriers, logistics service providers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you. We do not generally disclose your personal information to recipients that are located outside of Australia.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs when using this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Payments may be made by credit/debit card or via a payment gateway, such as Stripe, PayPal or AfterPay. You warrant that any credit/debit card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card or the payment processor does not authorise payment to us, we will not be liable for any delay or non-delivery.
5. DELIVERY / SHIPPING
Deliveries in Australia generally take 3 to 5 business days. When you place an order you will receive a reply email acknowledging that your order has been received and your payment has been processed. You will also receive a tracking number so you can monitor your order’s delivery progress. In the unlikely event of delivery problems at our end, we will keep you informed by email of expected dispatch dates.
6. RETURNS/ EXCHANGES
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you take delivery of a package and in the unlikely event the contents have been damaged in transit, or are defective or incorrect, please contact us by e-mail (firstname.lastname@example.org) as soon as possible to inform us of your wish to return your goods. You must include your original order number, with your name and address.
It is your responsibility to meet the costs of returning the goods to us, and to take care that they are not damaged while in your care or in transit.
We strongly recommend that an insured or registered postal service is used for returns as we are not responsible for items lost or damaged in transit.
Once the item has been received, inspected and approved, we will exchange the product or issue a refund for the purchase amount in the same manner the original order was paid. We will also refund the postage cost of returning the item to us. However, if the problem with the product was a major failure, you can choose whether to receive a refund or a replacement.
Change of Mind: Please note that, given the nature of our products, we do not provide refunds or exchanges where you have changed your mind about a purchase unless the product is unused, sealed and in a re-saleable condition. Please email your request to return your product to email@example.com and we will send an address for you to send your unopened product(s) to us. We must receive returned product(s) within 30 days of your order together with a copy of your sales invoice / order confirmation. Please note that shipping a return is at your own cost and we are unable to refund your original order’s shipping cost.
NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE STATUTORY GUARANTEES AND OTHER LEGAL RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
- PROMOTIONS AND COMPETITIONS
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
8. LINKED SITES
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
9. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location and publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
10. UNACCEPTABLE ACTIVITY
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
11. WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
The information which is provided on this website is not intended to be medical advice, nor does it replace professional medical advice, diagnosis or treatment.
Our products should not be used to treat, cure or prevent any medical condition and should not be used for therapeutic purposes (unless the product has been entered on the Australian Register of Therapeutic Goods).
We make no guarantee as to the results that may be experienced from using our products or the information we make available on our website. The results experienced from using our products will depend on many factors, including but not limited to age, gender, skin type and condition, concomitant products used, health history, where the user lives (climate, humidity), lifestyle and diet.
Please check with your health practitioner before making any changes to your diet or taking supplements, especially if you are pregnant or have a health condition. Always read instructions for use carefully.
Relying on any of the information provided on this website is done at the readers’ own risk.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to- date.
13. JURISDICTION AND GOVERNING LAW
Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
Last Updated: 01 April 2018