DERMALAYR: TERMS OF SERVICE
Last updated: 5 July 2022
1. Application of these Terms
1.1 “DermaLayr” is a registered trademark of NanoLayr Limited, New Zealand company number 2198121 (referred to as the Company, we, us and our).
1.2 These terms of service (Terms) apply when you use our website, dermalayr.com, including all information, tools, and services available on this website (together the Website).
1.4 We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
2. Access to the Website
2.1 These Terms apply to all users of the Website. You agree to be bound by these Terms, which form a binding agreement between you and us. You confirm that you have the authority to act on behalf of any entity for whom you are accessing the Website.
2.2 If you don’t agree to these Terms, you must refrain from using the Website.
3. Your Obligations
3.1 You must not:
3.1.1 copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express written consent;
3.1.2 use the Website for any purpose other than the purposes of obtaining information about us and/or our products;
3.1.3 use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
3.1.4 not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us;
3.1.5 use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
3.1.6 use the Website with the assistance of any automated scripting tool or software;
3.1.7 act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
3.1.8 attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(a) gaining unauthorised access to Website accounts or data;
(b) scanning, probing or testing the Website for security vulnerabilities;
(c) overloading, flooding, mail-bombing, crashing or submitting a virus to the Website; or
(d) instigate or participate in a denial-of-service attack against the Website.
4. Information on the Website
4.1 Details and information about our products is provided on the Website. Some content is provided by third parties not us.
4.2 While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) make any guarantee, representation or warranty that:
4.2.1 the Website will be free from errors or defects;
4.2.2 the Website will be accessible at all times;
4.2.3 messages sent through the Website will be delivered promptly, or delivered at all;
4.2.4 information you receive or supply through the Website will be secure or confidential; or
4.2.5 any information provided through the Website is accurate or up to date.
4.3 We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions and other Website Content. We undertake no obligation to update, amend or clarify information on the Website, except as required by law.
5. Intellectual Property
5.1 The Website and and all materials on the Website (which may include text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) contain intellectual property owned by us, including trade marks, copyrights, proprietary information and other intellectual property.
5.2 The trademarks, service marks, designs, and logos (the Trademarks) displayed on the site are the registered and unregistered Trademarks of the Company and its licensors.
5.3 You may access and view all or part of the Website for the sole purpose of viewing the Website Content to obtain information about us and/or our products.
6. Third-party links
6.1 The Website may contain links to other third-party websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
6.2 Inclusion of any linked third-party website on the Website does not imply our approval or endorsement of the linked website.
7. Comments and feedback
7.1 If, you send us any comment, feedback, submission, creative idea, suggestion, proposal, plan, or other material, by any means (Comment), you agree that we:
7.1.1 may use any Comment for any purpose, without restriction; and
7.1.2 are and shall be under no obligation to:
(a) maintain any Comment in confidence;
(b) pay compensation for any Comment; or
(c) respond to any Comment.
8. Limitation of Liability
8.1 The Website and all Website Content is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.
8.2 To the maximum extent permitted by law:
8.2.1 your access and use of the Website and all Website Consent is at your own risk; and
8.2.2 under no circumstances shall we be liable to you on account of your use of (or inability to access or use), or reliance on, the Website or the Website Content,
and such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if the Company or its subsidiaries, affiliates, officers, employees and agents have been advised of the possibility of such damages).
8.3 You agree to indemnify us for any loss or liability arising out of your unauthorised use of this Website or Website Content.
9.2 These Terms and the provision of the Website provided hereunder will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand courts in respect of any disputes or claims arising out of or in connection with the Terms or the Website.
9.3 Any delay, neglect, or forbearance on our part to enforce any term or condition of these Terms against you shall not be deemed to be a waiver or in any way prejudice our rights under these Terms.
9.4 If any provision of these Terms is determined to be illegal, invalid or otherwise unenforceable, then to the extent, it shall be severed and deleted from these Terms and the remaining terms shall survive and continue to be binding and enforceable.
9.5 These Terms constitute the entire agreement between you and us with respect to the access to and use of the Website and supersedes all prior or contemporaneous understandings regarding such subject matter.
10. Contact Us
10.1 If you have any feedback or a complaint, or any written notice is required in accordance with these Terms, please contact us at firstname.lastname@example.org.