Terms & Conditions

Terms & Conditions

Welcome to the KELLY ORIENTAL AESTHETIC website

These Terms & Conditions govern the use of https://kellyorientalaesthetic.com/ (the Website). The Website is operated by Kelly Oriental Skincare Pte. Ltd., UEN: 202027848N (we, us or Sheroxi). By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree to any of these terms, do not use the Website.

For the purposes of this Terms & Conditions and the Privacy Policy, “you” shall mean any user of the Website, whether you purchase the products and/or services or not.

1. General

1.1. Access to and use of the Website and the products and services available on the Website are subject to the Terms & Conditions.

1.2. We may make changes to these Terms & Conditions and/or Privacy Policy from time to time and post a revised version on the Website, which shall be effective immediately upon such posting. We are under no obligation to separately inform you of any such revision. Your continued use of the Website after the revised Terms & Conditions or Privacy Policy have taken effect will constitute your unconditional acceptance of such revised Terms & Conditions or Privacy Policy.

1.3. Whilst we try and ensure that all prices and information which appear on the Website are accurate, errors may occur and information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on any products that may contain errors or inaccuracies, including but not limited to information regarding pricing, shipping, payment terms, or return policies.

2. Intellectual Property

2.1. All information and content on the Website, including but not limited to, the names, images, logos, trademarks, text, graphics, photographs, sounds, music, videos, software, scripts, button icons, illustrations, audio clips, data compilations, interactive features and the arrangement thereof (collectively, the Content) are owned by or licensed to us, our affiliates, related entities, partners and/or licensors. The Content is protected under the copyright, design rights, trademarks and other intellectual property rights under Singapore law and international laws.

2.2. You shall have no right or licence to use, download, copy or imitate any Content or of Sheroxi, our affiliates, related entities, partners and/or licensors, except with prior written consent from us, our affiliates, related entities, partners or licensors.

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3. Use of Website

3.1. You represent and warrant that you have attained 18 years of age, or, if you are younger than 18 years of age, that you possess legal, parental or guardian consent, and are fully able and competent to enter into, perform and comply with these Terms & Conditions.

3.2. The products and services available on the Website are for personal use only. You shall not sell or resell any products, service or samples that you purchase or receive from us.

3.3. By accessing the Website, you shall not:

(a) use the Website in any way which is unlawful, illegal, fraudulent, threatening, harassing, vulgar, obscene, abusive or harmful, or otherwise objectionable, or in connection with any such purpose or activity;

(b) use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others or Sheroxi, including without limitation others’ privacy rights or rights of publicity;

(c) harass or disparage Sheroxi or its products or services or personnel;

(d) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, including but not limited to, a registered user of the Website or an employee or administrator of Sheroxi;

(e) transmit, distribute, store or destroy via or through the Website any information, data, text, images, files, links, or software in violation of any applicable law or regulation, except in connection with your authorised use of the Website or otherwise in response to specific requests for information by Sheroxi;

(f) transmit or otherwise make available in connection with the Website any virus, worm or harmful codes that may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment;

(g) interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available or violate any requirements, procedures, policies or regulations of such networks;

(h) use a false e-mail address; or

(i) collect information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited e-mails or messages.

3.4. If you default negligently or wilfully in any of the obligations set out in these Terms & Conditions and/or our Privacy Policy, you shall be liable for all the losses and damages that this may cause to Sheroxi and/or our affiliates, related entities, partners or licensors.

4. Your Account

4.1. To purchase our products from our Website, you are required to create an account on our Website.

4.2. You are solely responsible for (a) all activity that occurs on your account (whether authorised or not), (b) preventing any unauthorised use of your account, (c) maintaining the confidentiality of your account and password, and (d) keeping your account information accurate and up-to-date.

4.3. If you use the account of another user, you represent that you have the authority to bind that person as the principal to these Terms & Conditions, and to the extent you do not have such authority you agree to be bound to these Terms & Conditions and to accept liability for harm caused by any wrongful use of the Website.

4.4. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your account.

4.5. Sheroxi reserves the right to suspend, refuse service and/or terminate any account without prior notice if these Terms & Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

4.6. By creating an account on the Website, you agree to receive certain communications in connection with the Website, such as requests for reviews of products and/or services. You will also receive our marketing emails such as our newsletters.

5. Terms of Sale

5.1. You may place an order by completing and submitting your order through the Website.

5.2. When placing an order, you are responsible for ensuring that information submitted is accurate and true, and that you have a valid credit or debit card and be an authorised user of the card.

5.3. All prices quoted are exclusive of GST (unless otherwise stated) and shipping/delivery fees.

5.4. A contract for the purchase of the products will not be formed until your payment has been approved by us, our affiliates or related entities, and we have received payment for your order through your credit or debit card. Upon receiving your order, we, our affiliates or related entities carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction, through the payment platform Shopify.

5.5. Upon confirmation of your order, an order confirmation email will be sent to you, which will include the purchase price of the product(s).

5.6. When the purchased product(s) are ready to be shipped, a shipping confirmation email will be sent to you, containing the tracking number and carrier URL so that you can track your order.

5.7. All prices and availability information are subject to change without notice. All orders are subject to availability and confirmation of the order price. If we discover an error in the price of any product and/or service which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.

5.8. For more information on shipping/delivery, refunds and return, please refer to Shipping / Delivery

6. User Conduct

6.1. You are responsible for all reviews, ratings, submissions, information, text, photographs, videos, images, and all other forms of data or communication and your publicly available account information (collective referred to as the “User Content”) that you transmit or submit to, through, or in connection with use of the Website. You assume all risks associated with your User Content, including any third party’s reliance on its accuracy and reliability. You represent that your User Content will not infringe any third party’s intellectual property and that you own, or have the necessary permissions to use and authorise the use of your User Content. You should refrain from causing your User Content to contain material that is defamatory, false, misleading, infringing, harassing, libellous, abusive, threatening, obscene, or otherwise unlawful as you may expose yourself to liability.

6.2. In addition, as a condition of submitting any User Content or other materials to the Website, you agree that:

(a) you grant to Sheroxi, its affiliates and related entities a royalty free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, communicate, edit, delete, create derivative works from, incorporate such User Content in any form, medium or technology without compensation to you;

(b) you grant to Sheroxi all rights necessary to publish or refrain from publishing your name and address in connection with your User Content; sublicense through multiple tiers the User Content, and acknowledge that this license cannot be terminated by you once your User Content is submitted to the Website;

(c) you grant to Sheroxi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your User Content by any other party;

(d) you represent and warrant that each person identified, depicted, or shown in in your User Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms & Conditions;

(e) Sheroxi has the right in our sole discretion to refuse to post or remove any User Content, and we reserve the right to review and change any User Content;

(f) all of your reviews and ratings of the product(s) that you are rating will be accurate, honest, truthful, and complete in all respects;

(g) you have not received any form of compensation to post reviews and ratings;

(h) you will not submit reviews that comment on other users or the reviews of other users;

(i) you will not submit reviews with hyperlinks; and

(j) the reviews and ratings that you provide do not reflect the views of Sheroxi, its officers, managers, owners, employees, agents or other users.

7. Disclaimer

7.1. The Website is presented “as-is”. Sheroxi makes no representations or warranties of any kind, express or implied, in connection with these Terms & Conditions, the Website, Content, information included on the Website. To the maximum extent permitted by law, Sheroxi excludes all representations, warranties, conditions and other terms that might otherwise be implied by law into these Terms & Conditions, including but not limited to warranties or conditions of satisfactory quality, merchantability and fitness for a particular purpose.

7.2. Sheroxi, its parent, subsidiaries, affiliates, directors, officers, agents, partners, distributors or employees shall not be liable to any person, whether in contract, tort or otherwise, under any circumstances, for any direct, indirect, incidental, punitive, special or consequential damages or losses of any kind suffered or incurred by as a result of or in connection with your use of the Website or any Content, even if Sheroxi has been advised of or should have known of the possibility of such damages or losses, including but not limited to, damages for (a) loss of opportunity, income or profit, loss of or damage to property, (b) claims of third parties of any nature whatsoever, (c) any data loss, non-delivery, misdelivery, corruption, destruction or other modification, (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites or (e) any inaccuracies or omissions in content.

7.3. Sheroxi neither assumes nor accepts any liability for any loss or damage (whether direct or indirect), however caused, as a result of or arising from your use or inability to use or access of the Website and/or any Content.

7.4. Without prejudice to any other limitation of liability by Sheroxi provided herein, you shall indemnify Sheroxi and hold each of Sheroxi, its affiliates, directors, officers, agents, partners and employees indemnified at all times in respect of any loss, liability, cost, claim, action, demand, expense (including, but not limited to, all legal costs on a full indemnity basis) or damage whatsoever or howsoever arising which they may incur or which may at any time be brought against, suffered or incurred by, or imposed on them arising out of or in connection with your use of the Website, whether or not such use was authorised or whether it was due to any act or omission on your part, including without limitation, (a) any breach of these Terms & Conditions by you, (b) any statement, act, omission, fraud, negligence or default by you, (c) claims for defamation, infringement of intellectual property rights, unauthorised or illegal access to computers (included but not limited to hacking), (d) any third party claims, (d) the violation by you of any rights of another person or entity or the breach by you of any statutory requirement, duty or law, (e) any enforcement or attempted enforcement by Sheroxi of its rights or remedies against you or any of its delegates, officers, employees, representatives or agents, or (f) any loss resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

7.5. Without limiting the generality of the foregoing, Sheroxi expressly disclaims all liability for product defect or failure, not following the printed instructions on the products, product misuse or modification and/or abuse. Any information or Content provided on our Website are for informational purpose only. The information or Content is not intended to be a substitute for professional medical advice. Always seek the advice of your doctor, dermatologist or other qualified health provider for any questions you might have regarding a medical or skin condition.

7.6. You are encouraged to read all labels and descriptions carefully as Sheroxi shall not be liable for any allergic reactions or intolerance to any product and/or service.

7.7. We endeavour to be accurate as possible in our description of the products. However, our products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Colours may appear slightly different in reality due to studio lightning conditions, or variances in computer screen calibration. To the extent permitted by law, we do not represent or warrant that product descriptions, information or Content on the Website is accurate, complete, reliable, current, or error-free.

8. Third Party Links

8.1. Sheroxi is not responsible for the content of any off-website pages or any other pages linked to or from the Website and assumes no liability for the unaffiliated sites to which it is linked.

8.2. Your linking to or from any off-website pages or other websites is at your own risk. Sheroxi is in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

9. General

9.1. Headings are for convenience only and shall not affect the interpretation of the Terms & Conditions or Privacy Policy.

9.2. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Terms & Conditions. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between Sheroxi and any user or merchant.

9.3. If, at any time, any provision of this Terms & Conditions or Privacy Policy is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

9.4. You acknowledge and agree that these Terms & Conditions and Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

9.5. These Terms & Conditions and Privacy Policy are governed by and shall be construed in accordance with the laws of Singapore. You irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore to settle any dispute which may arise out of or in connection with these Terms & Conditions and/or Privacy Policy.