Terms & Privacy Policy
Terms of Use:
This website is operated by SkinGear Inc. Throughout the site, the terms “we”, “us” and “our” refer to SkinGear Inc. 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.
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.
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.
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.
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.
5. PRODUCTS OR SERVICES
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.
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.
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.
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.
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.
10. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
11. 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.
12. 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.
13. 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 SkinGear Inc., 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.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless SkinGear Inc. 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.
15. 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.
16. 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).
17. 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.
18. 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 United States.
19. 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.
20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@shopskingear.com
Affiliate Marketing Terms:
Affiliate Agreement
Last Updated on January 9, 2020
As a SKINGEAR INC (hereinafter referred to as “SG”) Affiliate, you have the opportunity to earn money from (i) commissions for SG accounts that you sell to other users, and (ii) bonuses when the people you sell to sell to others. This Agreement sets forth your rights and obligations as a SG Affiliate. By clicking “I Agree,” you indicate that you have read and understood this Agreement and you will be bound by its terms.
- PARTIES. All references to “SG” herein mean and refer to SKINGEAR, doing business as SG, and SKINGEAR’s owner(s), parent company(ies), affiliate entities, and employees, and assigns, if any. All references to “you” and “your” mean and refer to that SG Affiliate who has executed this Agreement by clicking “I Agree.” SG and you are each referred to herein as a “Party,” and collectively as the “Parties.”
- INDEPENDENT CONTRACTOR. you are an independent contractor of SG. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between SG and you by virtue of this Affiliate Agreement.
- TERM AND TERMINATION. your contract with SG begins when you click “I Agree,” and will continue month-to-month until either:
- SG cancels your account due to your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to your breach, you forfeit all Commissions and Bonuses owed to you or that may in the future be owed to you.
or
- SG or its successors or assigns, in its sole and absolute discretion, cancels your Affiliate Agreement. In the event that SG or its successors or assigns cancels your Affiliate Agreements, you will first receive thirty (30) days’ written notice, sent to the e-mail address you provided SG and that is associated with your Affiliate profile.
- COMPENSATION.
- COMMISSIONS. After you click “I Agree” to the terms of this Agreement, you will receive a unique Affiliate URL, which you will use to advertise SG. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a SG account by using your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. you will be paid a commission for each account that generates a total of $50 per month in payout. The Commission amount varies by product that is outlined in your affiliate area. Commission payments will be made to you on or before forty-five (45) days following SG’ receipt of payment for a Sold Account, subject to the other terms set forth herein.
- TAXES. Before you can be paid any Commission or Bonuses, you must provide SG a GST/HST Registry Search Result, as instructed by SG. you will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a GST/HST Registry Search Result. you are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses you receive from SG. If you are not a resident of the Canada, SG may withhold tax (including without limitation VAT) where required to by applicable law. Where SG is required to withhold tax, SG will document such withholding.
- MINIMUM COMMISSION AND BONUS PAYMENT. your combined commission and bonus amount must equal or exceed Fifty and 00/100 US Dollars ($50.00) before you receive a payment from SG. If your combined commissions and bonuses for a given month are less than $50.00, your commissions and bonuses will be held until your combined commissions and bonuses equals or exceeds $50.00.
- COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between SG and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by SG, you will not paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or charge-back, and if a commission or bonus was paid to you for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from your future commissions. If SG determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by SG after payment, such payment amounts shall be deducted from your future commissions and bonuses.
- U.S. DOLLARS. All commissions are paid in US Dollars via PayPal, cheque or direct deposit.
- MARKETING AND RECRUITING.
- TRUTHFUL. Anything you communicate in marketing or advertising any SG service or opportunity must be true and accurate. Claims that relate to any SG service or opportunity that are untrue or fraudulent are strictly prohibited. you may not claim that any government, person, or entity endorses or supports SG. you may not use the intellectual property of any other person or entity in advertising any SG service or opportunity.
- NON-DISPARAGEMENT. you are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of SG.
- INVENTORY LOADING/REBATES. you will not be paid any Commission or Bonus for payments made on your own User Account(s). you are not permitted to open a SG account under the name of another person or entity, or under a fictitious name. you are not permitted to open a SG account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. you may not pay for another person’s account. you are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and you agree to repay to SG all Commissions and Bonuses earned as a result of any such violation.
- INCOME CLAIMS. If your recruiting efforts include claims related to the potential income a SG Affiliate can make, or if you make reference to income you have made, or if you make reference to any lifestyle opportunities you have because of SG, the following guidelines must be adhered to:
- your statements must be completely true and accurate and supported by evidence;
- If you use a hypothetical scenario, you must clearly label it as a hypothetical scenario; and
- your statements must be accompanied by the SG earnings disclosure statement.
- SG’ INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “SG Intellectual Property”) owned by SG or any of SG’s affiliates may be used, copied, or reproduced by you except as set forth in writing by SG. No SG Intellectual Property (or any mark confusingly similar to any SG Intellectual Property) is to be advertised, listed for sale, registered as a domain name, or otherwise displayed by you in any fashion, including, without limitation, on any Internet website.
- RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. you grant SG permission to use any and all photographs taken by SG or its agents or employees, or submitted by you to SG (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of SG or any product or service sold and marketed by SG. you agree that this authorization to use Photographs may be assigned by SG to any other party. you agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in SG’ sole discretion. you agree not to charge a royalty or fee, and not to make any other monetary assessment against SG in exchange for this Release and Assignment. you hereby release and forever discharge SG from any and all liability and from any damages you may suffer as a result of the use of the Photographs. you further acknowledge and agree that this Release is binding upon your heirs and assigns. you agree that this Release is irrevocable.
- PROHIBITED ACTIVITY. SG has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to SG’s reputation; and the violation of the rights of SG or any third party.
- “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to SG’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
- INDEMNITY. you agree to protect, defend, indemnify and hold harmless SG, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. your indemnity obligation includes, but is not limited to, any third-party claim against SG for liability for payments for, damages caused by, or other liability relating to you.
- NO WARRANTY; NO LEADS. SG does not promise, guarantee or warrant your business success, income, or sales. you understand and acknowledge that SG will not at any time provide sales leads or referrals to you. Additionally, SG’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SG MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY SG WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. SG MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY SG WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY SG WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY SG’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY SG’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL SG’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST SG OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
- FORCE MAJEURE. SG will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of SG. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. SG shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
- ASSIGNMENT. SG may assign its rights under this Agreement at any time, without notice to you. your rights arising under this Agreement cannot be assigned by without SG’ or its assigns express written consent.
- ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.
- ARBITRATION. Any claim or grievance of any kind, nature or description that you have against SG including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Hillsborough County, Florida. you agree not to file suit against SG or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by you and SG. In the event that you and SG are unable to reach agreement on an Arbitrator, you and SG will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Toronto, Ontario. The arbitrators selected by you and SG will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on you and SG and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
- GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Florida without regard to any choice of law provisions.
- WAIVER OF CLASS ACTION CLAIMS. you understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim you have against SG to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against SG may not be joined or consolidated with claims brought by anyone else.
- LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
- INJUNCTIVE RELIEF. Nothing in this Agreement prevents SG from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect SG’ rights prior to, during, or following any arbitration proceeding.
- ATTORNEYS’ FEES. you agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either your or SG commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
- ENTIRE AGREEMENT. This Agreement, along with SG’ standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to your rights and responsibilities as a SG Affiliate.
- MODIFICATION/AMENDMENTS. This Agreement and SG’ standard Terms and Conditions may be modified by SG at any time, with or without prior notice to you. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on you when they are sent to you via e-mail, or are posted on shopskingear.com. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by SG. your continued acceptance of Commission or Bonus payments constitutes your acceptance to any modifications or amendments to this Agreement.
- NO WAIVER. No waiver by SG of any right reserved or granted to SG under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of SG.
- NOTICE. Any notice required to be given to SG under or related to this Agreement shall be in writing, addressed as follows:
2682518 Ontario Corp
39 Drummond St,
Etobicoke, ON
M8V 1Y7
hello@shopskingear.com
SG will send notices to you at the e-mail address you provided to SG. Any notices shall be deemed delivered to you when sent by SG. you are solely responsible for addressing any technical failures related to your e-mail address or server, and for reading any e-mail sent to you. SG may also provide notice to you by posting information on shopskingear.com.
SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.
Affiliate Promotion of SG
**Important Note**Anyone who signs up for a SG account also automatically becomes an affiliate (we use the same email address for your affiliate account). you can access your affiliate dashboard from within your SG account from My Account > Affiliate-area.
Required Submissions:
All Canadian affiliates need to submit a Search result from the Government of Canada GST/HST Registry.
How to print or view Government of Canada GST /HST Registry
Enter your:
1. GST/HST Number
2. Business Name
3. Date
Then select > Search
Please print or save the image and send your search result as an attachment to accounting@lumapharm.com.
Affiliate Payout
Thank you for choosing to promote SG.
Affiliate Payout Requirements:
- All affiliates need to submit a Search result from the Government of Canada GST/HST Registry. The link to complete this step can be found in the section above this one.
- If you have a GST/HST account registered with the CRA, you are responsible for the taxes on your income earned via our affiliate program. Please submit an invoice on the tax amount based upon your commissions with are automatically earned through our website.
- Commissions are paid after a 45 day “cooling off” period (due to potential refunds or cancellations).
- The “Ready For Payout Today” commission summary line must be $50.00 or more at the time the commission report is generated.
- Affiliate Payment Preferences must be set up in the affiliate account. you may choose from Paypal or Direct Deposit.
Affiliate Accounts with Paypal as their payment option will have commissions paid monthly (on the 1st or 15th ), with a minimum $50 threshold, after the cooling off period mentioned above.
Affiliate Accounts with Check as their payment option will have commissions paid at the end of the month, provided they have a minimum $50 threshold, after the cooling off period mentioned above.
All invoicing, screenshots and documents should be submitted to: accounting@lumapharm.com
PRIVACY POLICY
What information do we collect?
- We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
- When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
- We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
- Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
- If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use “cookies”?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include SkinGear. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?
To modify your e-mail subscriptions, please let us know by modifying your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.
This policy was last modified on FEB 01, 2020
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your consent
By using our site, you consent to our privacy policy.




