Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Forward Scout Enterprises Pty Ltd maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the www.balenseskin.com.au (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website


A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the “I AGREE TO THE TERMS OF USE” button at the end of these Terms of Use].

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes to Terms

Forward Scout Enterprises Pty Ltd may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities located in Australia. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website. Forward Scout Enterprises Pty Ltd makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside Australia. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. Forward Scout Enterprises Pty Ltd shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Forward Scout Enterprises Pty Ltd is strictly prohibited.

5. Copyrights and Trademarks

The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Australian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Forward Scout Enterprises Pty Ltd’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Forward Scout Enterprises Pty Ltd.

Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Forward Scout Enterprises Pty Ltd. You may not use a part of this Website on any other Website, without Forward Scout Enterprises Pty Ltd’s prior written consent.

Forward Scout Enterprises Pty Ltd respects the intellectual property rights of others and expects our users to do the same. The policy of Forward Scout Enterprises Pty Ltd is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at admin@balenseskin.com.au

6. Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Forward Scout Enterprises Pty Ltd does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Forward Scout Enterprises Pty Ltd’s website and the products and services Forward Scout Enterprises Pty Ltd offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Forward Scout Enterprises Pty Ltd reserves the right to terminate any link or linking program at any time. Forward Scout Enterprises Pty Ltd disclaims all warranties, express and implied, as to the accuracy, validity and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without Forward Scout Enterprises Pty Ltd’s written permission. If you are interested in linking to this Website, please contact admin@balenseskin.com.au

7. No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Forward Scout Enterprises Pty Ltd that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming

Gathering email addresses from Forward Scout Enterprises Pty Ltd through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Forward Scout Enterprises Pty Ltd should be directed to: admin@balenseskin.com.au

9. No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY AND NON-INFRINGEMENT, ALL OF WHICH Forward Scout Enterprises Pty Ltd EXPRESSLY DISCLAIMS. Forward Scout Enterprises Pty Ltd DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, AND Forward Scout Enterprises Pty Ltd WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Forward Scout Enterprises Pty Ltd MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Forward Scout Enterprises Pty Ltd.

10. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of Queensland Australia, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with Forward Scout Enterprises Pty Ltd. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Forward Scout Enterprises Pty Ltd.

12. Australian Resident

You represent that you are a resident of Australia.

13. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

14. Users Disputes

You are solely responsible for your interactions with other users. Forward Scout Enterprises Pty Ltd reserves the right, but has no obligation, to monitor disputes between you and other users.

15. User Submissions And Communications; Public Areas:

You acknowledge that you own, are solely responsible or otherwise in control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Forward Scout Enterprises Pty Ltd or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Forward Scout Enterprises Pty Ltd by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Forward Scout Enterprises Pty Ltd a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Forward Scout Enterprises Pty Ltd may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Forward Scout Enterprises Pty Ltd by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Forward Scout Enterprises Pty Ltd has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Forward Scout Enterprises Pty Ltd reserves the right (but is not obligated) to do any or all of the following:

(a) Record the dialogue in public chat rooms.

(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c) Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Use.

(d) Terminate a Member’s access to any or all Public Areas and/or the Balense Skin Site upon any breach of these Terms of Use.

(e) Monitor, edit or disclose any communication in the Public Areas.

(f) Edit or delete any communication(s) posted on the Balense Skin Site, regardless of whether such communication(s) violate these standards.

Forward Scout Enterprises Pty Ltd reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Forward Scout Enterprises Pty Ltd has no liability or responsibility to users of the Balense SkinWebsite or any other person or entity for performance or non-performance of the aforementioned activities.

16. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Forward Scout Enterprises Pty Ltd’s confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the International Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the state of Queensland, Australia.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

17. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Forward Scout Enterprises Pty Ltd SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Forward Scout Enterprises Pty Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Forward Scout Enterprises Pty Ltd. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

18. Indemnity

You agree to defend, indemnify and hold Forward Scout Enterprises Pty Ltd, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.


B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

19. Accounts and security

Forward Scout Enterprises Pty Ltd does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Forward Scout Enterprises Pty Ltd with accurate, complete and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a) Select or use a Login Name of another person with the intent to impersonate that person;

(b) Use a name subject to the rights of any other person without authorisation;

(c) Use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Forward Scout Enterprises Pty Ltd of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your Account, at Forward Scout Enterprises Pty Ltd’s sole discretion, and you may be reported to appropriate law-enforcement agencies.


C. PURCHASE AND SHIPPING TERMS

Thank you for choosing us for your skin product requirements. We trust that you have enjoyed your shopping experience with us and we look forward to offering you new and exciting products in the future.

We would like you to read our Purchase & Shipping Terms carefully to ensure that you are fully aware of your rights when purchasing products (the Products) via our website.

Your order signifies your agreement to be bound by these Purchase and Shipping Terms, which constitute the agreement between Forward Scout Enterprises Pty Ltd A.C.N.145 672 206 (we, us, our or Forward Scout Enterprises) and you.

PURCHASES

You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.

You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, Forward Scout Enterprises Pty Ltd is not obliged to re-send the order to the correct address at our own expense.

PURCHASE PRICE

All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD) and include GST.

We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.

Our prices do not include transport insurance or any secondary attempts to deliver ordered Products to you.

PAYMENT

Forward Scout Enterprises Pty Ltd will accept payment for the Products via credit card only.

After you make payment for your order, you will receive a transaction confirmation email, which confirms receipt of your order.

PROCESSING OF ORDERS

We process purchases on business days, which are Monday to Friday and exclude public holidays in Queensland. If you purchase any of the Products on a non-business day, we will process the purchase on the next business day.

SHIPPING

Australia

Shipping within Australia will be via Star Track courier service and Australia Post, unless agreed otherwise and in which case, additional shipping charges may apply.

Postage does not include insurance. Please contact us if you require insurance so we can discuss options and any additional costs.

International

International shipping will be via Star Track service, unless agreed otherwise and in which case, additional shipping charges may apply.

Forward Scout Enterprises Pty Ltd will not be responsible for any parcel being seized by Customs or for parcels seized by authorities because they may contain a product that is not approved for import into the country to which they are being sent, as such an event is out of our control.

By placing an order with us, you hereby covenant and agree that you are legally entitled to place an order for the goods requested and that all risk and title passes to you upon dispatch of your order by Forward Scout Enterprises Pty Ltd.

Orders are usually shipped within 48 hours of us receiving cleared funds for your order.

DELIVERY TIMES

We cannot guarantee delivery times, however, you should receive your delivery within five (5) days for Australian orders and ten (10) days for international.

TRACKING ORDERS

Once we have processed and sent your order, you will receive a tracking number. You can then track your order via the Australia Post or Fast Way websites.

CANCELLATION OF ORDERS

Forward Scout Enterprises Pty Ltd may cancel your order if for any reason we are unable to provide you with the Products subject to your order. We will contact you should this occur.

You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.

PRODUCTS MISSING FROM AN ORDER

Should a Product be missing from an order, please contact us at admin@balenseskin.com.au with the order number and the product code or product name of the Product you ordered, and we will investigate accordingly.

RETURN OF PRODUCTS

Any return of Products to us by you will be governed in accordance with our Refunds & Returns Policy.

CONSENT

By agreeing to these Purchase and Shipping terms, you also consent to receive further electronic communications from us in relation to the Forward Scout Enterprises Pty Ltd business, including information relating to products, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us. Simply email us at admin@balenseskin.com.au.

GOVERNING LAW

The laws of Queensland, Australia govern these Purchase and Shipping Terms.

ENQUIRIES

If you have any questions about our Purchase and Shipping Terms, please contact us at admin@balenseskin.com.au or on 1300 443 411.

Purchase and Shipping Terms last updated 29 May 2015.


D. REFUNDS & RETURNS POLICY

Forward Scout Enterprises Pty Ltd A.C.N.145 672 206 (we, us, our or Forward Scout Enterprises) makes every effort to be fully transparent at all times. Accordingly, we have developed this Refunds & Returns Policy to ensure that you are fully aware of your rights with respect to refunds and returns.

RETURNS AND REFUNDS

If you are concerned about your entitlement to a refund or exchange, we recommend that you read on to learn about your rights and our obligations to you.

YOUR ENTITLEMENT TO A REFUND OR EXCHANGE

You will be entitled to a refund or exchange where we are required to do so under any relevant laws and on the condition that you provide a transaction confirmation or a receipt number from your purchase. Failure to do so may result in your request for a refund being rejected.

In the event that you believe that you are entitled to a refund or exchange, you must provide us with:

  • your full name and address;
  • the original order number; and
  • the reason for claiming the refund or exchange.

You will not be entitled to a refund or exchange if you have simply changed your mind.

RETURNING PRODUCTS TO US

Once your request to return a product has been processed and accepted, you will be provided with email confirmation authorising the return.

To return a product to us:

  1. Email admin@balenseskin.com.au to request a refund and we will assign you a tracking number.
  2. Complete the ‘returns form’ that we will provide to you upon your request.
  3. Place the ‘returns form’ with the items that you are returning and carefully wrap (it’s best if the items are in their original condition).
  4. Send the product/s to us at Balense – Level 1, 87-89 Upton St, Bundall Q 4217.
  5. Include in your package a signed letter stating the reason for your return and the original or copy of the original receipt (for refund processing).

CONDITION OF RETURNED PRODUCTS

We reserve the right to assess the condition of a returned product prior to offering a refund or exchange. This may result in a refund or exchange being refused by us.

RETURN DELIVERY CHARGES

We will not be responsible for lost, stolen or damaged return deliveries. We recommend that you return the product to us via Registered Post so that the delivery can be tracked, and that you take out shipment insurance.

You may be entitled to a refund equal to the cost of the product only. We will take responsibility for shipping costs to return products to you. However, we reserve the right to charge you for any postage costs incurred for returns, should a refund or exchange be declined or if you’ve changed your mind.

PROVISION OF REFUNDS OR EXCHANGES TO YOU

After assessing the condition of the returned products and if your refund is approved, we will send you an email confirming that your refund has been issued. Refunds will generally be processed within three (3) business days of our receipt of returned products.

All refunds will be issued via the same payment method used to purchase the products. There may be delays in the provision of the refund that may be caused by the issuing bank. Please contact us if you have not received your refund within seven (7) days of us notifying you that a refund has been issued.

ENQUIRIES

If you have any questions regarding our Refunds & Returns Policy, please email us at admin@balenseskin.com.au.

Refunds & Returns Policy last updated on 29 May 2015.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at admin@balenseskin.com.au