Terms of service

 

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE LOCATED AT WWW.PHINSKIN.COM, AND ALL ASSOCIATED SITES LINKED TO WWW.PHINSKIN.COM (COLLECTIVELY, THIS “SITE”). This Site is owned and operated by Indeed Laboratories Inc. (“PH-In”). 

In order to enjoy all the benefits of the Site, you must register and become a member. You may visit the Site without registering. Your use of the Site is subject to the following terms and conditions, as may be amended from time to time (these “Terms”).

You agree that by using this Site and registering for membership, you have reached the legal age of majority in your jurisdiction, or you are visiting under the supervision of a parent or guardian, and legally able to enter into a contract. It is your responsibility to review these Terms periodically. If you do not agree to these Terms, you are not permitted to use this Site.

Site

We hereby grant you a limited license to access and use the Site for your personal use. Users of the website are hereby also granted a limited license to share and link to product pages via their social media accounts. The foregoing licenses do not permit any resale or non-personal use of the Site or its contents, any collection and use of any product listings or descriptions; any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or data gathering and extraction tools.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of PH-In. You may not use any meta tags or any other “hidden text” utilizing PH-In’s name or trademarks without the express written consent of PH-In. Any unauthorized use terminates the permission or license granted by PH-In.

We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, or marketplace without our specific written consent is prohibited.

Registration and Membership

To register and become a member of our Site, use your valid email address and create a password to register your profile. You may update such information as necessary at any time by going to My Account and making the necessary changes. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and PH-In has no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

At the time of your first order, we will request shipping and payment information to process and deliver your order. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms.

From time to time, we may send you marketing emails and notifications on your mobile device promoting our products, special offers, including third party offers, or our monthly newsletter. When you register for the Site, you have an opportunity to opt-out from receiving these emails and other marketing materials. You may unsubscribe from PH-In emails and other marketing emails at any time by clicking the unsubscribe link at the bottom of any email sent by us or by adjusting your email preferences in My Account.

To cancel your membership, please email support@phinskin.com.

Subscription Process

As a member, you may order individual Products or a collection of Products offered by PH-In on a subscription basis (“Subscription Products”), subject to the terms below.

If you purchase Subscription Products, you will receive a recurring shipment every month with the Subscription Products and be charged accordingly, as per the initial order.

Although your Subscription Products will be delivered to you every month by default, you may change the frequency of your delivery by changing your delivery settings online in My Account or by emailing us at support@phinskin.com.

IF YOU ARE PLACING AN ORDER FOR ONE OF OUR SUBSCRIPTION PRODUCTS, YOUR MEMBERSHIP IN THE PROGRAM WILL REMAIN IN EFFECT UNTIL YOU CANCEL IT.

You may cancel your membership for any reason, at any time.

To cancel your membership, please email support@phinskin.com.

Please note, any Subscription Products cancelled on the same date as your initial or reoccurring billing date or after your initial or reoccurring billing date will be fulfilled and your membership will be cancelled for your next billing period. For further clarification, please refer to the example below:

Example: On September 25^th, 2022 you place a subscription order and select a monthly frequency (meaning you get a renewal order once a month). As long as your membership is active, on the 25^th of every month your renewal order will process and you will be billed accordingly on that date. Your next renewal order will be processed on October 25^th, 2022. If you decide to cancel your subscription any time between October 25^th and November 24^th, 2022 your Subscription Products for the October 25^th, 2022 renewal order will be fulfilled and your method of payment will be charged. Your membership will not be active for the following billing period and you will not receive a renewal order on November 25^th, 2022. If you cancelled your subscription membership any time between September 26^th, 2022 and October 24^th, 2022 your October 25^th, 2022 renewal order would not be processed and you would not be charged on this billing date as you cancelled your membership BEFORE the reoccurring billing date.

If you wish to return any subscription orders, please refer to our standard Return Policy below:

RETURNS & EXCHANGES

You may return any unused or unopened products within 30 days of delivery, for a full refund to your original form of payment. Returns are not permitted after the allowable return period.

Customers who purchase products from PH-In website may return them by mail.

UNOPENED AND UNUSED 

1. Pack the items along with a copy of your invoice.
2. Returns must be prepaid; please note return shipping fees are not refundable.

We suggest you return via Canada Post. Please return to:

pH-In (Returns)
5181 Everest Drive
Mississauga, Ontario
L4W 2R2

The refund will be issued within 15 days of receiving your parcel. You will receive an email once the refund is completed.

Billing and Payments

We accept the following bank or credit cards: Visa, MasterCard, and American Express. For your convenience, we will save your bank or credit card information. Afterpay is currently only available to Canadian shoppers.

Unless stated otherwise, all prices and other amounts on the Site are quoted in Canadian Dollars.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, Client Services may contact you directly to update your account information.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

If you would like to exchange or return an PH-In product, please email support@phinskin.com. Returns are accepted within 30 days of you receiving the product. If you decide to return any of your PH-In products, you will be responsible for the cost of return shipping.

Liability Disclaimer

PH-IN PROVIDES THIS SITE, ITS CONTENT AND PRODUCTS AND SERVICES ON AN “AS IS”, “WITHOUT ANY WARRANTY” AND “WITHOUT ANY LIABILITY” BASIS, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PH-IN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT AS PROVIDED ON THIS SITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES REGARDING CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, USE AND NON-INFRINGEMENT. PH-IN DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR THE CONTENT OR ANY COMMUNICATIONS FROM PH-IN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PH-IN AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THIS SITE; (2) YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THIS SITE; OR (3) ANY OTHER MATTER RELATED TO THIS SITE.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PH-IN IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THIS SITE OR IN RELIANCE ON THE CONTENT ON THIS SITE, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF PH-IN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS MAY NOT APPLY TO YOU. TO THE EXTENT THAT PH-IN MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MAXIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Typographical Errors

In the event a product is listed at an incorrect price or within correct information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.

Copyright

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under Canada and other copyright laws, and is the property of PH-In and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to PH-In. ©2023 Indeed Laboratories Inc. All rights reserved.

Intellectual Property and Property Rights

As between the parties, PH-In owns and retains all right, title and interest in and to all of its products referred to on this Site, all improvements, modifications and derivative works of the foregoing, and all intellectual property rights in any of the foregoing. To the extent that you acquire any right, title or interest in or to any such product including, without limitation, any deliverable, or any intellectual property rights therein, you hereby assign to PH-In all such right, title and interest therein.

 

Trademarks

The product names, company names, logos and service marks of PH-In used on this Site may be trademarks, including registered trademarks, of PH-In or an affiliate. Such product names, company names, logos and service marks of PH-In and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of PH-In or such affiliate. Other product and company names mentioned on this Site may be the trademarks of their respective owners. Any use of the trademarks of third parties without the prior written consent of the applicable party is strictly prohibited.

Indemnification

You agree to indemnify, defend and hold harmless PH-In, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at https://phinskin.com/policies/privacy-policy

Third-Party Links and Sites

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of PH-In. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

Submissions

We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by PH-In’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an “unsolicited submission”), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects.

From time to time, we may solicit creative ideas, suggestions or materials from users of our Site or blog. If you at anytime send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a “requested submission” and together with unsolicited submissions, “submissions”), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.

You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions made by you shall be the sole property of PH-In and will not be acknowledged or returned. You agree and understand that we are not obligated to use any submission you make and you have no right to compel such use.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Notice Regarding Medical Advice

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Miscellaneous

Your use of the Site shall be governed in all respects by the laws of the Province of Ontario, Canada, without regard to choice of law principles.

The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.

The terms, conditions and warranties contained in these Terms that by their context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of these Terms.

These Terms may not be assigned by either party without the prior written consent of the non-assigning party; except that PH-In shall have the right to assign these Terms to any of its affiliates or in connection with a merger or other business combination in which PH-In is not the surviving entity or in connection with any sale of all or substantially all of the shares or assets of PH-In or its affiliates. Any attempted assignment in violation of this provision is null and void.

 

If PH-In is unable to perform any of its obligations under these Terms because of severe weather, natural disasters, acts of God, riots, wars, terrorism, theft, governmental action, acts of our suppliers, or other events beyond our reasonable control, then PH-In shall be relieved from its performance of such obligations to the extent, and for the duration, that such performance is prevented by such events.

 

If any provision of these Terms is for any reason held to be invalid, illegal, or unenforceable under applicable law in any respect, then such invalidity, illegality, or unenforceability will not affect the other provisions of these Terms, these Terms will be construed as if such invalid, illegal, or unenforceable provision were excluded from these Terms, and the court in its discretion may substitute for the excluded provision an enforceable provision which in economic substance reasonably approximates the excluded provision.

 

These Terms constitute the entire agreement between you and PH-In with respect to the Site and any information obtained through the Site by communication with PH-In personnel. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

 

Arbitration

PH-In is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns via support@phinskin.com. However, if you are dissatisfied with our client service’s resolution of your matter, these Terms provide that disputes will be resolved in binding arbitration.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.

Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

Termination

These Terms are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms.

Last updated: March 2023