Last updated July 19, 2009
Welcome to SKINID™! This website www.skinid.ca (the (the "Website")), is intended to provide information and products for individuals looking for personalized acne skincare. We know that young people are especially susceptible to acne and this Website is intended to help teens, young adults, and their parents make good choices about selecting an acne system that is compatible with their skin type. We encourage young people to enlist the help and support of their parents in making these choices; therefore, if you are a minor using this Website or purchasing products from this Website, make sure you have your parent's or legal guardian's permission to do so. This Website is provided to you, and if you are a minor, also to your parents or legal guardians (collectively, "you" or "your"), under these "Terms of Use and Purchase" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be posted by Johnson and Johnson Inc. ("JJI", "we", "us") from time to time or by such other manner amended or supplemented in accordance with applicable laws. Your use of this Website, including the SKINID™ Store, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the Website or post or submit any materials on it.
SKINID™ is personalized 3-product acne skincare system. SKINID™ is exclusively available online at skiniD.ca and on the phone. By ordering your SKINID™ System on the Website or on the phone, you will be automatically enrolled into our SKINID™ membership program. As a member:
We will use the information you provide to process and ship your orders (including disclosing your name and address to fulfillment houses and delivery services such as UPS or Canada Post); to contact you about the status of your orders; create an account for later use so that you do not need to re-enter the information for each subsequent order; and as otherwise indicated by our site's Privacy Statement.
This membership is only available to Canadian residents. If you are residing in the United States, please visit www.skinid.com
All advertisements on this Website are invitations to purchase and not offers to sell. JJI reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by JJI but does not constitute acceptance of your order. JJI reserves the right at any time after receipt of your order to accept or decline your order for any reason and JJI will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that JJI rejects the order, JJI will have no obligation to fulfill your order and you will have no obligation to pay JJI for the order.
The purchase of products on this Website is subject to availability. In the event that JJI advises you that such products are no longer available, JJI will have no obligation to fulfill your order and you will have no obligation to pay JJI for the order.
You agree to pay JJI the amount set out as the “Total” (the “Fee”). The Fee is quoted in Canadian dollars and includes shipping and handling and all applicable taxes.
You may pay for your purchase using VISA, MasterCard or American Express and you authorize JJI to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, JJI reserves the right to attempt to charge your card once per week for three weeks after the card was initially declined. If your card is declined (once or more than once) your order will not be shipped and JJI will have no obligation to fulfill your order.
Your order will be shipped via UPS or Canada Post to the Canadian shipping address specified by you. JJI is not responsible for any loss of the products following shipment from JJI’ or its agents’ facilities to your delivery address.
The initial membership period is 60 days. Upon expiration of the initial membership term and subject to the requirements of applicable laws, your membership will automatically renew every 60 days or such other renewal term selected by you provided that JJI notifies you of the renewal if required by and in accordance with applicable laws. You are financially responsible for all membership fees until notice of cancellation is received by JJI.
The Website is owned by JJI. All right, title, and interest to the content displayed on the Website (excluding User Content, as defined below), including but not limited to the Website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of JJI or its partners, agents or third parties.
To the extent permitted by applicable laws, JJI may make changes to the Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. Each time changes are made to the Agreement, notice of these changes will be posted on the home page unless applicable laws have additional requirements. The "Last Modified" date at the top of these Terms of Use and Purchase will indicate when the latest changes were made. Subject to the requirements of applicable laws, your continued use of the Website, including but not limited to the SKINID™ Store, following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.
If you have any questions or concerns with respect to the Agreement or the Website you may contact a representative of JJI at:
Canadian Information Centre
Johnson & Johnson Inc.
890 Woodlawn Road West
Guelph, Ontario N1K 1A5
1-866-663-8876
This Website is intended for and directed to teenagers and adults in Canada only. This Website is not intended for any children under the age of 13.
The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Statement and Legal Notice. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Website. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or submit any materials on it.
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
The Guidelines: JJI has created, or may create in the future, certain areas, such as message boards and chat rooms, within the Website where members can upload and share their thoughts, comments, pictures, videos and the like with other members (collectively, "Forums"). These Forums are available to members only. JJI believes this open environment enriches the online experience for those who share the same interest in skincare-related issues. Please note that the Forums are intended for discussion of general skincare issues and concerns, not of specific products (other than questions relating to use of SKINID™ ). To help ensure that the text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by members (collectively, the "User Content") is beneficial for the greater community, JJI has established some basic rules for everyone to follow in the form of these User Content guidelines (the "Guidelines").
Derm Knowledge Board: One Forum provided to members is the Derm Knowledge Board, where members may post questions to be answered by dermatologists. These dermatologists are paid by JJI for their time in responding to members' questions, but the opinions they express are not necessarily those of JJI. JJI is providing access to the dermatologists and their guidance on the Derm Knowledge Board solely as an informational and educational service to SKINID™ members. Neither JJI nor the dermatologists engaged by JJI are providing individual medical, therapeutic or other healthcare advice. You should evaluate all information provided on the Derm Knowledge Board on your own and with your own healthcare provider. The advice provided on the Derm Knowledge Board does not constitute, and is not a substitute for, medical advice tailored to your specific needs and condition.
Pre-Moderation: JJI's policy for this Website is to pre-moderate User Content. Pre-moderation means that the User Content will not be posted to the Forum for which it was submitted and cannot be accessed or viewed by other Website members until an administrator or screener has reviewed it and determined that the User Content is suitable for posting to the Forum. This process also means that User Content submitted for posting will not be posted in real time. JJI will endeavor to review User Content within two business days following its submission. User Content that is deemed unsuitable for the Forum or Website may never be posted.
User Content Restrictions: User Content must be appropriate for the Forum. Without limiting the reasons for which User Content may be rejected by JJI, JJI may reject or edit any User Content that:
By submitting User Content for posting, you agree that you have read and are familiar with the Guidelines. By submitting User Content for posting at a Forum, you also: (1) represent and warrant to JJI that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit User Content; (2) represent and warrant that the User Content does not constitute confidential information and is free of any claims of proprietary or personal rights; (3) agree that you are solely responsible for all User Content that you submit for posting; (4) agree that such User Content is original with you and accurate and that you own all right, title and interest in the User Content and any elements you include in the User Content, such as photographs, video footage, music tracks and the like (you may be required to provide documentation in a form acceptable to JJI evidencing such rights); and (5) grant to JJI and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such User Content (in whole or part) on the Website and on any affiliate or successor Website owned or operated by JJI or its affiliates, without compensation, notification, approval or any other obligation, to anyone, including yourself. Furthermore, JJI is free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation, notification, approval or any other obligation, to anyone, including yourself. You will not have any claim against JJI with respect to any use or non-use of User Content, and to the extent, a claim is made against JJI or any of affiliated entities by any third party with respect to User Content, you agree to indemnify and hold JJI and its affiliated entities harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith.
When you submit User Content for posting at a Forum, you understand that JJI will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Website and on any affiliate or successor Website owned or operated by JJI or its affiliates. If JJI makes use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how JJI uses the foregoing rights. You hereby waive any moral rights that you may have in connection with the User Content for the benefit of JJI and its affiliates, assignees and licensees.
Responsibility for Forums, User Content and Users: You acknowledge that the Forums contain the opinions and views of other members and of the dermatologists. You acknowledge further that JJI is not responsible for the accuracy of any User Content on the Website. You understand and agree that all User Content is the sole responsibility of the person with whom the User Content originated, notwithstanding that JJI may pre-moderate User Content prior to posting to Forums. You understand and agree that you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
You acknowledge and agree that, beyond providing and facilitating the Boards, JJI has no control over or oversight of, and will not participate or otherwise be involved in, your dealings with any other users. Any outside communications, transactions or other dealings that you may have or enter into with any other user of the message board are solely between you and such other user.
Violations of the Guidelines: If you violate the Guidelines, JJI's community staff or designees will contact you individually. Your actions may result in a warning, suspension, or permanent banning from participation in Forums. JJI does not publicly discuss or announce warnings, suspensions, or loss of access. The decision to restrict access is made at the community staff's discretion and is the result of our sole judgment of a user's demonstrated inability or disinclination to follow the Guidelines. JJI reserves the right to restrict access to the Forums and the Web Site from any user at any time for any reason, with or without warning. Notwithstanding JJI's attempts to pre-moderate User Content, if you see a message you believe violates the Guidelines please contact us at support@skinid.ca.
JJI's Rights: JJI and its designees have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any User Content that is available via a Forum at any time, even where such User Content was approved for posting in the past.
JJI reserves the right, in its sole discretion, to refuse access to a Forum by any user for any reason. Without limiting the foregoing, JJI and its designees will have the right to remove any User Content that violates the Guidelines or that JJI considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Web Site, including your User Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that JJI may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Guidelines; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of JJI, the Web Site, its users, and the public. Details regarding our use of personally identifiable information included in User Content are set forth in our Privacy Statement.
Discontinuation: JJI reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Content and/or your ability to access User Content with or without notice, in its sole discretion. You agree that JJI shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Content.
You agree that JJI may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for User Content maintained, disseminated, or transmitted through the Website. You agree that JJI has no responsibility or liability for the deletion of or failure to store any messages, communications, or other User Content maintained, disseminated, or transmitted through the Website.
You acknowledge that all other content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third-party advertisers (the "Other Content"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by JJI herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any Other Content (including, without limitation, any software) available through the Website.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Other Content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the Other Content. You may not copy, reprint, modify, distribute, or sell Other Content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of JJI. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of JJI. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of JJI's content, under any Other Content or under any associated intellectual property rights. Any rights not expressly granted herein are reserved.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
JJI AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE JJI STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, JJI CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JJI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR LEGAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JJI DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. JJI MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR DAMAGE TO ANY OTHER MATERIAL THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JJI OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL JJI BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, CIVIL LIABILITY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED OR OTHERWISE PROVIDED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT JJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SKINID™ is a trademark of Johnson & Johnson Inc. or its affiliates. All other trade-marks and service marks displayed on the Website are the property of JJI or its affiliates. You may not use or display any trade-marks or service marks owned by JJI or its affiliates without our prior written consent. You may not use or display any other trade-marks or service marks displayed on this Website without the permission of their owners.
You agree that JJI may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that JJI will not be liable for the consequences of doing so.
JJI may terminate these Terms of Use and Purchase for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. If you terminate these Terms of Use and Purchase (as provided under “Cancellation Policy” heading), you will no longer have access to the member portions of the Website. In addition, you agree that JJI may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your Content within the Website, without prior notice to you for any reason that JJI, in its sole discretion, deems appropriate. You further agree that JJI will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of these Terms of Use and Purchase regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
If any provision of these Terms of Use and Purchase is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in these Terms of Use and Purchase shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the Website or these Terms of Use and Purchase must be filed, to the extent permitted by applicable laws, within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
To the fullest extent permitted by applicable laws, these Terms of Use and Purchase and the resolution of any dispute related to these Terms of Use and Purchase, the Website, or items you purchase or receive through the Website shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. Any legal action or proceeding between JJI and you related to the Agreement shall be brought exclusively in courts of a federal or provincial court of competent jurisdiction sitting in Ontario, and you agree to submit to the personal and exclusive jurisdiction of such courts.
It is the express wish of the parties that these Terms of Use and Purchase and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Any claim or dispute (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement including its formation, termination or enforceability; (b) any items purchased on the Website; (c) use of, or inability to use, the Website; (d) oral or written statements, advertisements or promotions relating to this Agreement or to SKINID™ or (d) the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement) (collectively the Claim"), will be referred to and determined by arbitration (to the exclusion of the courts). You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.
If you have a Claim, you should give written notice to arbitrate to us at the address specified under the heading “Contact Information”. If we have a claim we will give you notice to arbitrate at your address. Arbitration of Claims will be conducted in Toronto, Canada, under the Ontario Arbitration Act, 1991 unless applicable laws require that arbitration be conducted in the province in which you reside, in which case the applicable arbitration legislation in such province will apply. The National Arbitration Rules of the ADR Institute of Canada, Inc. will apply to the arbitration.
The laws of certain jurisdictions may not permit the foregoing and if you reside in such jurisdictions, this section will not apply to you.