OVERVIEW
This website is operated by okanaskincare. Throughout the site, the terms “we”, “us” and “our” refer to okanaskincare. okanaskincare offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 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 tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - SMS / TXT MESSAGING
As a service to you we have SMS shortcodes in place for you to use to contact us. Standard message rates apply when sending text messages to the short
code service.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall okanaskincare, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless okanaskincare and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - LOYALTY PROGRAMME
Okana Skincare’s customer loyalty programme (“Okana Loyalty Programme”) is managed and conducted by Okana New Zealand Limited (“Okana”, “we”, “us” or “our”) for the benefits of its customers (“customer”, “Member” or “you”). Opting in to the programme is automatic upon the creation of a customer account on the Okana online store.
By opting into the programme, you agree to the Terms and Conditions of the Okana programme and our Privacy Policy. Please read these Terms and Conditions and Privacy Policy before you opt into the programme. You can refer to our Privacy Policy to find out more about how we use your personal information and how to opt out of receiving digital communications.
Participation and Membership
Participation in the programme is open to customers worldwide. You must be at least the age of majority in your state or country of residence to opt in to the programme. If you are under the age of majority, you must have permission from a parent/guardian to opt in to the programme who must read and consent to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not participate in the programme, or contact hello@okanaskincare.com to opt out.
Calculation of Okana Programme Points
Spending in our online store will earn you points provided you use the email associated with your Okana Programme Account.
Okana programme spend:
- Relates to the final amount you pay at checkout.
- Is calculated after discounts, shipping and tax have been applied.
- Does not include returns, reimbursements or refunds.
Programme points expire 12 months to the day after you earn them. Your current balance is calculated in real time. Your points may fluctuate on a daily basis depending on what points you have earned that day, or what points have expired. Okana reserves the right to change points if we believe someone has unfairly accumulated points outside of the rules set out in this document. Points are non redeemable for cash or monetary value. Points are only available to be accumulated online.
Okana Programme levels
You will achieve Okana Programme Levels by spending in our online store, or by successfully completing certain point-earning actions.
Silver
To access you need: 0 – 9,999 Okana points.
Every $1 spent on Okana products equates to 20 points.
Gold
To access you need: 10,000 – 19,999 Okana points.
Every $1 spent on Okana products equates to 25 points.
Diamond
To access you need: 20,000 or more Okana points.
Every $1 spent on Okana products equates to 30 points.
Subscription club - the lounge
You get instant access to the Diamond club. In an event you cancel your subscription, your diamond club access will be downgraded to the club your points accumulate to depending on your purchase history.
You will move to the next level once you have reached the required number of points. You’ll then get to enjoy the benefits of that level for the next 12 months. You cannot drop down a level within those 12 months, but you can move up another level which you will then get to enjoy for the next 12 months. Your level eligibility will be reviewed on the 12 month anniversary of you joining that level. If you have the required points, you will get to continue enjoying that level for the next 12 months, if you do not have the appropriate amount of points needed, you will then drop down a level.
If a programme level has been achieved by you in connection with a breach of these Terms and Conditions or otherwise, has been incorrectly allocated to you, including as a result of an error on the part of Okana, we reserve the right to adjust your programme level to address the breach or error. If you obtain a reimbursement or refund for goods purchased from Okana, an adjustment is also to be made to the programme account, in the amount of the refund granted.
Transfers and customer files
Programme points are non-transferrable: any transactions made by another customer on Okana’s online store cannot be transferred to a different customer(s) for someone else to obtain these programme points.
There can only be one customer for each programme membership. Transactions or points earned from multiple customer files (i.e purchases made under multiple email addresses for one customer) cannot be joined into one programme amount. As a customer and Member of the programme, it’s your responsibility to ensure that we have only one client file for you. If you suspect that you may have more than one client file, please contact: hello@okanaskincare.com
Programme points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these terms and conditions. Programme points have no monetary value and cannot be taken or redeemed as cash, unless otherwise stated as part of the programme.
Rewards and benefits are non-transferable.
New release product bonus points
A product is considered a "new release" for two months after the official launch date of the product. Okana programme Members will automatically receive 1000 bonus points when purchasing a new release product within those two months. Okana reserve the right to change the end date of the new release product period at any time.
Rewards/Benefits
Any rewards, gifts, benefits or promotional offers communicated as part of the Okana programme may include specific offer terms and conditions, including expiry dates. Unless otherwise stated, rewards and benefits can only be redeemed by making a purchase in Okana’s online store.
Member-Only Benefits
Okana will communicate to the appropriate programme members when a member-only benefit is available for redemption. This will happen at a time determined by Okana. Member-Only Benefits could be a gift with purchase, exclusive content,, bonus points or other promotional offers. Member only benefits will be available for one month or until all stock is allocated.
Change of details
It is the customer's responsibility to advise Okana of any change to your details by logging into your account and managing your details accordingly, or by contacting hello@okanaskincare.com. Okana is not responsible for any failure to notify us of your change of details, which may result in you not obtaining the benefit of programme communications, rewards or benefits, or the loss or downgrade of a programme level status.
Suspension, Modification and/or Termination
Okana reserves the right at our discretion, to disqualify any individual we find to be tampering with the entry process, or the programme operation.
Okana may immediately suspend or terminate your participation in the Okana programme if you: (a) are in breach of these Terms and Conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be of fraudulent nature, in relation to Okana New Zealand Limited, the Okana programme, or your customer file; (c) have engaged in inappropriate conduct which undermines the reputation or legitimate interests of Okana; (d) have supplied or are attempting to supply false or misleading information; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any Okana programme awards, gifts, offers or benefits other than in accordance with these Terms and Conditions; (f) act in a hostile, abusive or aggressive manner towards any Okana staff or any other Customers online; or (g) become bankrupt.
If your right to participate in the Okana programme is suspended or terminated, any benefits, rewards, rights and Okana programme level Status you may have accumulated at that time under the Okana programme, shall thereby be suspended or terminated.
We reserve the full rights under our sole discretion to modify, suspend or cancel the programme without notice for any conduct that we believe is in violation of acceptable usage of our loyalty programme.
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