Terms & Conditions

Terms & Conditions

Updated: April 2017

This website is operated by Venus Concept Australia Pty Ltd (Venus Concept). Venus Concept 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.

Please read these Terms of Use 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 Use. 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 Use are considered an offer, acceptance is expressly limited to these Terms of Use.

We reserve the right to update, change or replace any part of these Terms of Use 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.

Accuracy, Completeness, Medical Advice 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. None of the content and information on this website is intended to deliver medical advice or to replace the advice of a medical practitioner. Venus Concept cannot answer unsolicited e-mails or questions received through other channels requesting personal medical advice. Visitors should always conduct their healthcare professional prior to making any decisions related to a health care problem you may experience now or in the future.

Links to Other Websites

You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Venus Concept. Without the prior written permission of Venus Concept, you may not frame or scrape any of the content on the site nor incorporate into another website or other service any intellectual property of Venus Concept.

Links to Venus Concept’s Websites

Venus Concept encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include Venus Concept’s logo or other intellectual property. We strictly prohibit any suggestions of Venus Concept endorsement or recommendation of a specific company, product or service.

Third-Party Links

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.

Social Media Commenting Guidelines

The purpose of these guidelines is to inform users of how Venus Concept will interact with the public via this website and other third-party social media tools. These tools allow for comments to be posted by the public, and we encourage discussion. While we can’t respond to all comments individually, we will attempt to provide additional information or links when possible. Venus Concept’s goal in publishing these guidelines is to support fact-based, respectful community dialogue on its website and on third-party social media tools like Twitter, Facebook, Instagram, LinkedIn, Pinterest, Google+ and YouTube.

Venus Concept will moderate and review comments submitted to this website and other social media platforms it may use from time to time, and may participate or intervene, as appropriate. Venus Concept expects posted comments to be relevant to the section they are posted to and reserves the right to edit or remove comments including but not limited to:

  • Are contrary to the principles of the Canadian Charter of Rights and Freedoms;
  • Express racist, hateful, sexist, homophobic, slanderous, insulting or life-threatening messages;
  • Put forward serious, unproven or inaccurate accusations against individuals or organizations;
  • Are aggressive, coarse, violent, obscene or pornographic in tone;
  • Are offensive to an individual or an organization, rude in tone or abusive;
  • Are not sent by the author, put forward for advertising purposes;
  • Offer unsolicited medical advice;
  • Are unintelligible or irrelevant messages;
  • Are repetitive or spamming of threads, and
  • Do not, in the moderators’ opinion, add to the normal flow of the discussion. In accordance with these rules, the moderators reserve the right to edit, refuse or remove comments. Moderating and posting of comments will generally occur during regular business hours (9 a.m. to 5 p.m. Eastern Standard Time), Monday through Friday. Comments submitted after hours or on weekends will be read and posted as early as possible.

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.

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.

Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions or treatments. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on any related website is inaccurate at any time without prior notice.

Prohibited Uses

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 any related website, other websites, or the Internet. We reserve the right to terminate your use of any related website for violating any of the prohibited uses.

Limitation of Liability

In no case shall Venus Concept, our directors, officers, employees, affiliates, agents, contractors, freelancers, 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, 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 any content posted, transmitted, or otherwise made available via the website, 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.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the website, 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 Use).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Use and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of Australia.

Contact Information

Questions about the Terms of Use should be sent to Venus Concept at info.au@venusconcept.com or delivered via mail to: Venus Concept, 205/117 Old Pittwater Road, Brookvale NSW 2100.

Privacy Policy

We are committed to protecting your privacy when you visit our websites. We reserve the right to append or modify this Privacy Statement at any time; we ask that you revisit our Privacy Statement to check for updates or changes.

In order to enhance our site to meet our visitors’ needs, we collect various types of information through cookies and information gathered through the submission forms.

What Your Browser Sends Us

Your browser sends us a variety of information such as IP (Internet Protocol) address, browser session, SSL Encryption, and URL (Uniform Resource Locator). This information lets us know how you’re finding our sites, and which pages you have visited most often. All of this is used to improve the navigation of the site and to make it more useful for our visitors.

The Information That You Voluntarily Provide Us

In addition to the information automatically collected by your browser, we also collect information that you voluntarily provide to us when you fill out an information request for one of the programs featured on any of our sites.

This site provides users the opportunity to request information on Venus Concept and its products including Venus Swan™, Venus Freeze™, Venus Freeze Plus™, Venus Legacy™, Venus Viva™, Venus Versa™, and Venus Velocity™. The submission forms require users to provide Venus Concept with contact information. The contact information provided by the user is used only by us for phone/mail/social media/email communication about your area of interest with Venus Concept.

Analysing Website Traffic

Google Analytics is used to analyse traffic to this site. Google Analytics does not create individual profiles for visitors. Google Analytics is software that provides business insight and marketing trends without compromising the privacy of users on the web.

We Do Not Sell or Rent Your Personal Information

We do not sell or rent any personal data submitted by visitors to any of our websites to any third parties. We abide by all applicable laws concerning the release of your personal information. Occasionally, we may use the information that we have collected to send you information about products and services, and updated information that might interest you. At times, we may share this information with our educational partners to forward similar information to you. We respect your wishes. If you tell us that you do not want to have this information used as a basis for further contact, then you will not receive any further information.

If you do not want to receive our email marketing, please submit a request to have your email address removed to info.au@venusconcept.com

We Will Not Share Personal Information with Outside Parties

We will not share your personal information with anyone else, except as required by law. We may share comprehensive data about our viewers with our affiliates, advertisers, sponsors, institutional partners, and other third parties.

Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.

E-commerce Privacy Statement

When you purchase something from our store, as part of the buying and selling process, we collect the personal and business-related information you give us, such as your name, address, phone number, and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

If after you opt in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at anytime, by contacting us at info.au@venusconcept.com or mailing us at: Venus Concept, 205/117 Old Pittwater Road, Brookvale NSW 2100.

Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

Payment

If you choose a direct payment gateway to complete your purchase, then stripe stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard and American Express. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Third Party Services

In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Age of consent

By using this site, 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.

Changes to Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Questions and Contact information

If you would like to access, correct, amend or delete any personal information we have about you; register a complaint; or simply want more information, contact our legal department at info.au@venusconcept.com or by mail at Venus Concept, 205/117 Old Pittwater Road, Brookvale NSW 2100

Order and Formation of Contract

When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any Unless otherwise stated all charges are in Australian Dollars.

You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);
(b) we suspect that you might on sell our Products to other consumers.

Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
Returns

Our policy lasts seven days. If seven days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 30 days.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company; it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info.au@venusconcept.com.

Sale items

Only regular priced items may be refunded. Unfortunately, sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at info.au@venusconcept.com and send your item to: Venus Concept 205/117 Old Pittwater Road Brookvale NSW 2100.

Shipping

To return your product, you should mail your product to: Venus Concept 205/117 Old Pittwater Road Brookvale NSW 2100.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

New Zealand GST, Customs Charges & Duties

As our Site is based in Australia, we charge you for your order in Australian dollars. The actual price charged to New Zealand customers will be subject to the exchange rate applied by the customer’s credit or debit card company.  Please note orders which are more than the equivalent of NZ$190 and shipped to New Zealand may incur GST, customs charges and duties charged by the NZ Customs Service once the parcel reaches its destination port and must be paid by the recipient directly to the NZ Customs Service or its authorised service provider. We are not responsible for and will not reimburse any of these GST, charges or duties. You can find out more information at http://www.customs.govt.nz/features/internetshopping/Pages/default.aspx

X