Terms and Conditions - Myra

Myra Messenger (“Myra® Official Facebook Messenger”,Myra Messenger, “we”, “us”) and its related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Messenger (collectively, the “TOS”). Please read the TOS carefully before placing any orders on Myra Messenger. We recommend you should keep a copy of the TOS for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 18, you must let your parents or guardian know about Myra Messenger‘s Privacy Policy before you register to use this Messenger or any of this Messenger’s services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Messenger. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

PRIVACY POLICY

UL Skin Sciences, Inc. (“UL Skin Sciences”, “We”, “us”, “our”) commits to protect and maintain the privacy of your personal information in accordance with the mandate of the Data Privacy Act of 2012. We will keep secure and confidential all personal and sensitive information that you may provide to UL Skin Sciences, and/or those that UL Skin Sciences may collect from you (“Personal Data”).

This Privacy Statement (“Statement”) indicates the manner in which UL Skin Sciences collects, uses, processes, maintains, secures, and discloses Personal Data we obtain, or which you may provide through this website, www.ulssi.com.ph (“Website”).

We may update this Statement from time to time to reflect change(s) in the law and/or our internal standards to better protect your Personal Data and privacy. UL Skin Sciences may at any time revise this Privacy Statement by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the most current Privacy Statement.

  • By accessing this Messenger, and submitting your Personal Data through it, you expressly acknowledge that you have read, understood and hereby agree to all of the terms of this Statement and that you provide consent for us to:Process your Personal Data, as provided under applicable laws, regulations, and our policies, for our subsidiaries and affiliates, contractors, service providers, and other authorized third parties’ legitimate purpose/s;
  • Make your Personal Data available for our subsidiaries and affiliates, contractors, service providers, and other third parties.

What We Collect and Process?

The Personal Data requested, as appropriate, may include:

  • Name
  • Age
  • Contact information including mailing address, email address, delivery address, telephone number, mobile number
  • Gender
  • Other information that may be used for customer surveys, marketing offers or online promotions.

When Do We Collect Your Personal Data?

When you access our Messenger, we may collect your Personal Data in a variety of ways, including, but not limited to, when you:

  • Visit our Website
  • Contact us by sending an inquiry, leaving a comment, or providing feedback at our Messenger or Website
  • Do any transaction through our Messenger or Website such as when you subscribe for information on our products; participate in any of our online activities, etc.

Non-Personal Identifiable Information

As you navigate around and interact with the Messenger, we may collect non-personal identifiable information about you. Non-personal identifiable information may include the following:

  • Information about your computer/device and internet connection, as well as IP address, operating system, and browser type
  • Details of your visit to the Website from the Messenger (e.g. pages and internal links accessed on our Website, search terms that you used, date and time you visited the Website, time spent on the Website pages, and other statistics)

Non-personal identifiable information collected may be used for analysis and evaluation in order to help us improve the services and products we provide.

Web Browser Cookies

Our Website uses “cookies” to allow us to help you navigate efficiently to obtain the information and services you need and to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them to help personalize the content presented to the user based on history. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly.

How will UL Skin Sciences Use and Disclose Collected Personal Data?

UL Skin Sciences collects and uses Personal Data for the following purposes:

  • To respond to your inquiries and fulfill your requests, such as to send you documents you request or email alerts;
  • To send you important information regarding our relationship with you or regarding the Website, changes to our terms, conditions and policies and/or other administrative information (where applicable); and
  • For our business purposes, such as data analysis, audits, developing new products, enhancing our Website, improving our products and services, identifying Website usage trends, personalizing your experience on the Website by presenting products and offers tailored to you, and determining the effectiveness of our promotional campaigns.

We may also disclose information collected through the Website:

  • To our subsidiaries and affiliates;
  • To our service providers, contractors and other third parties who provide services to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them;
  • To government and law enforcement agencies and regulatory bodies;
  • To comply with orders of courts, government agencies, regulatory bodies, and with applicable laws and regulations;
  • If we believe disclosure is necessary or appropriate to protect the rights, property or safety of UL Skin Sciences, our subsidiaries and affiliates, officers, employees, customers, or other third parties;
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business or assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Data held by UL Skin Sciences about our Website users is among the assets transferred; and
  • To conduct investigations or breaches of UL Skin Sciences’s internal policies, laws and regulations, enforce appropriate sanctions and pursue legal actions if necessary

The email address Users provide may be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How will UL Skin Sciences protect your Personal Data?

We adopt appropriate data collection, storage and processing practices and have set up an adequate organizational, physical and technical security measures to protect the confidentiality, integrity, and availability of your Personal Data and secure against unauthorized access, alteration, fraudulent misuse, disclosure, destruction and/or any other unlawful processing of your Personal Data stored on our Website.

Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

How can you Access, Change, or Delete Your Personal Data?

You are entitled to certain rights in relation to the Personal Data collected from you, including the right to access and correct your Personal Data being processed, object to the processing, and to lodge a complaint before the National Privacy Commission in case of violation of your rights as a data subject.

If you would like to review, correct, update, or delete the Personal Data that you have provided to us via the Website, please contact us via sending an email to [email protected]. We will try to respond to your request within 24 to 48 hours.

Retention Period

UL Skin Sciences and/or its duly authorized third party shall retain the Personal Data for a maximum period of five (5) years counted from the date you provide it to UL Skin Sciences, or when they were collected, respectively.

Third Party Websites

This Privacy Statement does not address, and we are not responsible for the privacy, information, or other practices of any third parties, including any third party operating any site or web property (including, without limitation, any application) that is available through this Website or to which this Website contains a link. The availability of, or inclusion of a link to, any such site or property on the Website does not imply endorsement of it by us or by our affiliates.

Messenger and Website Visitor under the Age of 18

This Messenger is not directed to individuals under the age of eighteen (18), and we request that these individuals not provide Personal Data through the Website.

Contacting Us

If you have any questions and/or concerns about this Privacy Statement, the practices of this Website, or your dealings with this Website, or your rights in relation thereto under the Data Privacy Act of 2012, please contact UL Skin Sciences’s Data Protection Officer at the following: [email protected] and +653-8581852

REGISTRATION

To use some of the services or features made available to you on Messenger, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address [email protected]. You may also want to view our Privacy Policy. We may change registration requirements from time to time.

ELIGIBILITY TO PURCHASE

In order to make purchases through the Messenger, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Messenger is available but not limited to individuals and others who meet the Myra Messenger terms of eligibility, who have been issued a valid credit card by a bank acceptable to Myra Messenger, whose applications are acceptable to Myra Messenger and who have authorized Myra Messenger to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Myra Messenger reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where Myra Messenger feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

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

ORDERS

All orders are subject to acceptance and availability.

Myra Messenger offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once supplier stock has been delivered to Myra Messenger. Myra Messenger will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Myra Messenger. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Messenger for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Messenger, we will attempt to notify you by email within 48 hours of the product becoming available on the Messenger. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

Please note that items in your shopping basket/cart are not reserved and may be purchased by other customers.

PRICING POLICY

Prices shown on the Messenger are in PHP (Philippine Pesos) and are inclusive of VAT at the applicable rate.

All prices and offers remain valid as advertised from time to time. The PHP price of a product displayed on the Messenger at the time the order is accepted will be honored, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

Customers purchasing from Myra Messenger will be charged for the items purchased and shipping costs only. 

If you are a customer whose credit card is not denominated in PHP, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive a message on Messenger acknowledging the details of your order. This message is not an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Myra Messenger will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in the Philippines where our operation center is located and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

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

PAYMENT

Payment can be online bank trasnfers (e.g. BPI and Union Bank) and e-wallets (GrabPay and GCash) – powered using Paynamics. Payment will be debited and cleared from your account upon dispatch of your order by Myra Messenger. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Myra Messenger, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Messenger secure. All credit card transactions on this Messenger are processed using Paypal, Moneybookers and/or Smart Money.

To help ensure that your shopping experience is safe, simple and secure Myra Messenger uses Transport Layer Security (TLS) technology.

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

INSURANCE AND DELIVERY

Myra Messenger insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Myra Messenger and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Myra is not responsible for any delays caused by destination customs clearance processes.

TRACKING YOUR ORDER

You can check the current status of your shipment by chatting with Myra on Messenger. You may also follow up your orders via Myra Messenger.

Myra Messenger will store a record of your transactions for a minimum of one year.

RETURN & EXCHANGE POLICY

All items sold at Myra Messenger go through our quality control procedures. We inspect every item before it is shipped, and all goods are shipped fully insured in case of loss or damage.

However, there are times when items are damaged, defective, or incorrectly shipped. If this is the case for you, we will gladly replace them. If you have a need to return goods to us for whatever reason please email [email protected] outlining the reason for return and request your Returns Merchandise Authorization (RMA) number within 7 days of order receipt, and return your unwanted items within 14 days of receiving your RMA number for an exchange for the same item in a different size or any product that we carry. (Based on stock availability).

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our operations center. In case of dispute, we also recommend you retain proof of sending.

If the items shipped are defective or different from the ones you ordered, we will be shouldering the cost of all shipping fees incurred. If you refuse the order or you want to change it due to preference, you will be charged for all shipping, delivery and storage incurred. All returned merchandise must be unopened and in original condition.

All merchandise must be returned in the condition they were received and in original packaging.

OUR POLICY

Items should be returned unused, and with all Myra Messenger and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.

Please email [email protected] if any of your purchases have been delivered without Myra Messenger tags.

All items returned should have a Return Merchandise Authorization (RMA) number to ease the process. Unidentified returns may be returned to the sender.

FAULTY GOODS POLICY

Goods are faulty if they are received damaged or where a manufacturing fault occurs within 1 month of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

You need to email us or notify us within 24 hours of receiving your order about faulty or damaged goods.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on Myra Messenger. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Messenger and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including Myra Messenger. Software and all HTML and other code contained in this Messenger. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Messenger are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Myra Messenger and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Messenger. Myra Messenger tries to ensure that the information on this Messenger is accurate and complete. Myra Messenger does not promise that Myra Messenger‘s Content is accurate, error-free. Myra Messenger does not promise that the functional aspects of the Messenger or Myra Messenger‘s Content will be error free or that this Messenger, Myra Messenger Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

NO COMMERCIAL USE

Myra Messenger is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Messenger. You may not use this Messenger, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Messenger.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Messenger and for all of your communication and activity on and pursuant to this Messenger. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Messenger on a temporary or permanent basis.

THIRD-PARTY SITES

We may include hyperlinks on this Messenger to other websites or resources operated by parties other than Myra Messenger, including advertisers. Myra Messenger has not reviewed all of the sites linked to it and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

YOUR RIGHTS

You have certain rights under the law. These include, in the Philippines:

  1. That any products you order through this Messenger will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Messenger;
  2. Certain remedies if a product is defective; and
  3.  A right to exchange any order of a product within seven working days commencing on the day after the date on which you received it.

Nothing in the TOS is intended to affect these rights.

LIMITS ON OUR LIABILITY

Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above).

If Myra Messenger breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Myra Messenger at the time of you placing your order, and Myra Messenger dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which are beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us and hold us Myra Messenger harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Messenger using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Myra Messenger as a result of the TOS or your use of this Messenger. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Myra Messenger, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.


GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance with the relevant Philippine law and the relevant courts of the Philippines will have exclusive jurisdiction.

CONTACT INFORMATION

Myra Messenger Customer Care can be reached via email at [email protected]