Terms & Conditions - SW1 Clinic

Terms & Conditions

www.SW1clinic.com (“Site”, “we”, “our”, “us”) is owned by SW1 Clinic. We may add additional Sites and Apps from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites and Apps when added. You may be accessing our Sites and Apps from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

We also like to interact with you on third party sites where we post content or invite your feedback, such as on Facebook, Instagram, Twitter and Youtube (“Third Party Sites”). Our Terms of Use and other areas of our Sites provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with our Interactive Services, including services that involve Third Party Sites, but SW1 Clinic does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that SW1 Clinic does not own or control, or to the actions of people that SW1 Clinic does not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using the Sites, you agree to these Terms of Use, our Privacy Policy and our Conditions of Sale. If you do not agree with any of these, you should not use our Sites. SW1 Clinic reserves the right to change or modify any of the terms and conditions contained in the Terms of Use and Conditions of Sale from time to time at any time by giving you notice via our Sites. The Terms of Use that will apply to any orders placed are the Terms of Use that applied at the time you placed the order. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

1. Intellectual Property

1.1 You may use the Sites only in the manner permitted by this Agreement.

1.2 All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) in the Site are owned by or licensed to SW1 Clinic and SW1 Clinic. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.

1.3 Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with SW1 Clinic or using the Sites as a shopping resource. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of SW1 Clinic is strictly prohibited.

2. Registration

2.1 To use some of the services or features made available to you on these Sites you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address help@SW1clinic.com. We may also change registration requirements from time to time.

2.2 The account password you provide should be unique and kept secure, and you must notify SW1 Clinic immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.

3. Eligibility to Purchase

3.1 In order to make purchases on the Site you will be required to create an account by providing your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you may be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

3.2 The Site is available only to individuals and others who meet SW1 Clinic terms of eligibility. Products and services purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit.

3.3 If any minor uses any service and/or product from SW1 Clinic, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SW1 Clinic.

3.4 SW1 Clinic reserves the right to terminate your account without prior notice if these Terms of Use are violated or if we decide in our sole discretion that it is in SW1 Clinic’s best interests to do so.

Please refer to our Privacy Policy for further information about how we use your data.

4. Product Information

4.1 All material and information presented by the Site, related Sites and/or App is intended to be used for personal educational or informational purposes only. The results reported, if any, may not necessarily occur in all individuals.

4.2 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of products to avoid potential allergic reactions. Use of the Sites and/or App is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with our doctors regarding the use of any goods, products or information received from the Sites before using or relying on them. Our doctors can address medical questions, concerns and decisions regarding the possible treatment of any medical condition.

4.3 Products displayed on the Sites and/or App may be available in SW1 Clinic retail stores in Singapore. Prices displayed on the Sites may be quoted in different currencies including USD and SGD.

4.4 Occasionally there may be information on the Sites and/or App that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. 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 appointment and/or order at the correct price or cancelling it. If we are unable to contact you we will treat the appointment and/or order as cancelled. We are under no obligation to fulfill your appointment and/or order if the price listed on the website is incorrect (even after it has been acknowledged by us).

5. Appointment and Confirmation

5.1 All appointments are subject to acceptance and availability.

5.2 SW1 Clinic reserves the right to cancel or change appointments arising from a violation of these Terms of Use, as determined by SW1 Clinic in its sole discretion.

5.3 If you access and use the Site on behalf of another person, you represent that you have the authority to bind that person as the principal to these Terms of Use. To the extent that you do not have such authority, you agree to be bound to these Terms of Use and you accept liability for harm caused by any wrongful use of the Sites or Content.

5.4 Once you have submitted your appointment, you will receive an email acknowledging the details of your appointment. We may then follow up with a reminder call and/or email prior to the appointment date.

5.5 Unless you cancel your appointment, acceptance of your appointment and completion of the contract between you and SW1 Clinic will be completed when we email you to confirm the appointment. The sale contract is therefore concluded in Singapore and the language of the contract is English.

5.6 We reserve the right to cancel your appointment in the event, for example, that we are unable contact you through various means to confirm and/or remind you about your appointment.

5.7 We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

5.8 Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products, services and/or schedule of doctor’s availability. If we discover an error, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a service and/or appointment that was advertised at an incorrect price, day and/or timing and reserve the right to cancel such an order/appointment that has been accepted or is under pending. If you have already paid for the Goods, we shall recommend an alternative product and/or service and will/may refund the full amount as soon as we are able. In the event that products and/or services are removed, we will recommend an alternative product and/or service and will/may process your refund.

6. Payment

6.1 Payment can be made by Visa, MasterCard, and any other methods which may be clearly advertised on the Site from time to time.

6.2 You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to SW1 Clinic, we will not be liable for any delay or non-delivery.

6.3 SW1 Clinic takes reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

7. Gift/Electronic Vouchers

SW1 Clinic printed and electronic gift vouchers are sold subject to the following terms and conditions:

7.1 Gift Vouchers are valid for 12 months from date of purchase.

7.2 Gift Vouchers may not be returned or redeemed for cash.

7.3 If your order total is less than the value of the Gift Voucher, the remaining balance will not be returned.

7.4 If your order exceeds the value of the Gift Voucher, the remaining balances exceeding the value of your gift credit must be paid by credit or debit card.

7.5 If you return physical products you have purchased using a Gift Voucher, the remaining balance will be returned as a Gift Voucher or an Electronic Gift Voucher to be redeemed against subsequent orders.

7.6 Electronic Gift Vouchers will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch. SW1 Clinic is not liable for delivery of an Electronic Gift Voucher to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.

7.7 SW1 Clinic is not responsible if a Gift/Electronic Voucher is lost, stolen, destroyed or used without permission.

7.8 SW1 Clinic reserves the right to cancel a Gift/Electronic Voucher if we deem such action necessary.

8. Modification of Content

All Content that you submit is not confidential and may be used at SW1 Clinic’s sole discretion. We may or may not pre-screen Content. However, we will have the right (but not the obligation) in our sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, SW1 Clinic and its designees will have the right to remove any Content that we deem, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. SW1 Clinic does not guarantee that you will have any recourse through the Sites to edit or delete any Content you have submitted. SW1 Clinic reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, SW1 Clinic reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not SW1 Clinic, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of SW1 Clinic, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

9. Reservation of Rights

SW1 Clinic reserves the right to modify, discontinue or disable the Sites and/or App or any part of the Sites and/or App at any time, either on a permanent or temporary basis. We will provide you with prior notice of such modifications, discontinuations or disabling where reasonable practicable, by posting such notice on the relevant Sites and/or App. SW1 Clinic reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and/or App and to block or prevent your future access to and use of the Sites and/or App, where you have failed to comply with these Terms of Use. We may access, preserve and disclose your account information and Content in accordance with our Privacy Policy, including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to

(i) comply with legal process;

(ii) enforce these Terms of Use,

(iii) respond to claims that any Content violates the rights of third parties,

(iv) respond to your requests for customer service, or

(v) protect the rights, property or personal safety of SW1 Clinic (and its employees), its users and the public.

10. Representation and Warranties

No representation or warranty is made by SW1 Clinic that the use of the Goods and/or Services will meet the Client’s requirements, irrespective of whether we have knowledge of your expectations as regards the use of the Goods and/or the Services. No representation or warranty with respect to merchantability, quality, fitness for any particular purpose, condition, durability or suitability of the Goods and/or the Services is given or implied by the Company. All guarantees, warranties and conditions (including any conditions as to quality or fitness for any particular purpose) whether express or implied by statute, common law or otherwise except as expressly provided in these Conditions are hereby excluded and negatived. You acknowledge that you are accepting the Goods and/or Services at his/her own risk.

11. Indemnification and Limitation of Liability

14.1 You agree to defend, indemnify and hold harmless SW1 Clinic (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of:

(a) your use of and access to the Sites;

(b) your violation of any term of these Terms of Use;

(c) a breach of your representations and warranties set forth above regarding Content;

(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or

(e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.

14.2 To the maximum extent permitted by law, and subject to applicable consumer protection provisions, SW1 Clinic is not liable for claims arising from your use of non-SW1 branded Products. This will not limit any claim you may have against the product manufacturer under consumer protection legislation.

14.3 SW1 Clinic will not be liable for any claim arising out of your incorrect or improper use of a Product, including use that does not comply with any Product instructions or that would be otherwise unexpected or unreasonable.

12. Severability

Each of the foregoing Clauses 10 and 11 is to be construed as a separate limitation (applying and surviving even if for any reason one or other of the said clauses is held to be inapplicable or unreasonable in any circumstances) and shall remain in force notwithstanding termination of this contract between you and SW1 Clinic.