Privacy Policy and Terms and Conditions
PRIVACY POLICY
Panaclear Corporation Pty Ltd ACN 656 641 815
1. We respect your privacy (a) Panaclear Corporation Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information. (b) "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information (a) Panaclear Corporation Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. (b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support. (c) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information (a) Panaclear Corporation Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4. Use of your personal information (a) Panaclear Corporation Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs. (b) Panaclear Corporation Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information (a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services. (b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. (c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Panaclear Corporation Pty Ltd, panaclear.com, its customers or third parties. (d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to the United States. (e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances. (f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information (a) Panaclear Corporation Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. (b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7. Access to your personal information (a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@panaclear.com. (b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy (a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to our email at hello@panaclear.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Changes to Privacy Policy (a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
10. Website (a) When you visit our website When you come to our website (panaclear.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service. (b) Cookies We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit. (c) Third party sites Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Panaclear Corporation Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
TERMS AND CONDITIONS
Panaclear Corporation Pty Ltd ACN 656 641 815
These terms and conditions (the "Terms and Conditions") govern the use of www.panaclear.com (the "Site"). This Site is owned and operated by Panaclear Corporation Pty Ltd. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Panaclear Corporation Pty Ltd and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
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Harass or mistreat other users of our Site;
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Violate the rights of other users of our Site;
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Violate the intellectual property rights of the Site owners or any third party to the Site;
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Hack into the account of another user of the Site;
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Act in any way that could be considered fraudulent; or
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Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
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Photos;
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Videos; and
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Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following:
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You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
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All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
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Complexion Perfection Face Wash.
- Flawless Finish Spot Treatment.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: You can send an email to hello@panaclear.com to cancel your subscription or cancel it directly through your Panaclear account. Please notify us by email at least 3 business days before your subscription is set to renew if you do not wish to receive another shipment. You may cancel your membership at anytime by logging in to your Panaclear account, selecting Subscriptions, then clicking cancel next to the item.
Payments
We accept the following payment methods on our Site:
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Credit Card;
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PayPal;
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Debit;
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Apple Pay;
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Google Pay;
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Shop Pay; and
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American Express.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Free Samples
- Free samples are available within Australia only. Unfortunately, do to shipping costs, they are not available to purchase in other countries.
- Free samples are limited to one per customer.
- Free samples may be subject to shipping costs.
- Free samples are provided as is, and are only able to be returned or refunded under terms set out by Australian Consumer Law.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
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Standard and express delivery by Australia Post. Standard delivery takes 3-10 business days and express takes 1-3 business days (metro to metro). Due to the ongoing effects of COVID-19, we cannot guarantee shipping times to be 100% accurate..
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
If you received a faulty or damaged product, you are entitled to a refund at the original purchase price or a replacement.
We're so confident you'll love our products that if you do not see results after using them for one month, we will send you your money back. Our money back guarantee requires you to consistently use our products for at least 30 days. We do require before and after photos. These must be timestamped and taken when you begin and end using Panaclear products for 30 consecutive days (2 minimum). We require this to help us better understand your concerns and reduce the risk of fraud, so please remember to take photos. The money back guarantee cannot be combined with any other offer.
In order to receive a full refund, the customer must return the product and is responsible for any return S+H costs. The refund is capped once per product. If you ordered more than one of the same product, the second is only eligible for return if it is new and unused and will be refunded at the original order price. We reserve the right to cancel the guarantee where we believe the customer has acted dishonestly or fraudulently.
Otherwise, we accept refund requests for goods sold on our Site for any of the following reasons:
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Good is broken;
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Good does not match description; or
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Good does not meet the purchaser's expectations.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Pack your goods and address the package to 67 Howe Street, Osborne Park, Western Australia, Australia, 6017. Go to your nearest post office and pay the necessary postage.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Panaclear Corporation Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Panaclear Corporation Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Western Australia.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
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hello@panaclear.com
67 Howe Street, Osborne Park, Western Australia, Australia, 6017
Social Media Giveaway Terms & Conditions
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For the purposes of these Terms and Conditions, "The Promoter" refers to Panaclear whose Instagram handle is @Panaclear. The "Prize" refers to One jar of the Complexion Perfecting Face Wash (e.g. one (1) 130ml bottle of the Complexion Perfecting Face Wash).
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By entering the competition you agree to be bound by these terms and conditions. All entries must be received by the time and date specified in the giveaway post. One (1) winner in Australia will be selected at random by The Promoter and the winner will be notified on or after this date.
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The Promotors competitions with entry via Instagram and/or Facebook are open only to residents of Australia. One (1) winner will be chosen at random from all entrants and across all platforms.
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No purchase necessary. Winners will not be required to pay to enter the competition.
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Entrants must be over 18 years old on the date of their entry.
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Employees of The Promoter are not eligible to enter.
- Instagram or Facebook are not in any way affiliated or involved in the competition.
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Each entrant shall enter the competition via Instagram by liking the specified post, and/or tagging another Instagram user in the comments of the specified post by @Panaclear, and/or sharing the post to their story, and following this Instagram profile.
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The Prize will be awarded to a randomly selected winner who has entered on Instagram, using a random number generator. The Promoter will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
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The Promoter will not be help liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
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To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
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To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
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Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
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The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfilment of the Prize.
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In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
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The Promoter's decision is final. No correspondence will be entered into.
- The winner’s name and social media username may be posted on the social media profiles of The Promotor after the winner has been selected.