Terms of service


Terms & Conditions

These Terms and Conditions (“Terms”) govern the supply of Exvivo Skin Booster (“Product”) by Vow Group Pty Ltd (“Supplier”) to your clinic (“Buyer”). By purchasing the Product, the Buyer acknowledges and agrees to be bound by these Terms. 

Permitted Use

The Product is supplied to the Buyer for topical use on healthy intact skin only.  It must not be used for any other purpose, including but not limited to use in a food, a therapeutic good, feed intended for consumption by animals, or in an agricultural chemical.

Directions for use

For topical cosmetic use on healthy intact skin only, do not inject. For use by clinic professionals only. Store refrigerated at 2-8C. Shelf life is 12 months unopened when stored under refrigerated conditions, and supported by ongoing real-time stability studies. We recommend a brief patch test 24–48 hours prior to first application. 

Warnings

Derived from avian (poultry) sources. May contain trace proteins. Do not use if allergic to poultry. Discontinue use if irritation occurs. Not suitable for use during pregnancy or while breastfeeding due to limited clinical data in these populations.

Product composition

Water (Aqua), Methyl Gluceth-20, Polyacrylate Crosspolymer-6, Sodium Chloride, Hydroxyacetophenone, 1,2-Hexanediol, Caprylyl Glycol, Japanese Quail Embryonic Fibroblast Extracellular Vesicles, Sodium Hyaluronate. 

Regulatory Compliance

  1. The Buyer is solely responsible for ensuring its use of the Product complies with applicable laws, regulations and professional standards regarding use of the Product. 
  2. The Buyer must not make representations about the Product that are false, misleading or that would constitute a therapeutic claim under the Therapeutic Goods Act 1989. 

Product Handling and Storage

  1. The Buyer must handle the Product in compliance with any documentation supplied alongside the Product. 
  2. Proper handling and storage of the Product is solely the responsibility of the Buyer. 

Liability, Indemnification and Warranties 

  1. To the maximum extent permitted by law, Supplier's total liability to the Buyer arising out of or in connection with any order, whether in contract, tort (including negligence), or otherwise, is capped at the total amounts paid by the Buyer to the Supplier in the preceding 12 month period. 
  2. To the maximum extent permitted by law, Supplier shall not be liable for:
    1. any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, business opportunities, or goodwill, arising from or related to the use of the Product, even if such damages were reasonably foreseeable; and
    2. any adverse reactions arising from the Buyer’s failure to follow Supplier’s directions for use, handling and/or storage of the Product.  
  3. To the maximum extent permitted by law, the Products are supplied without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose (including any Product application results or outcomes), non-infringement, or regulatory compliance. Where any guarantee, condition, or warranty is implied by law and cannot be excluded, the Supplier's liability for a breach of that guarantee, condition, or warranty is limited to, at Supplier's election, replacement or re-supply of the Products or payment of the cost of replacement or re-supply.
  4. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by law (including the Australian Consumer Law) that cannot be excluded, restricted or modified.
  5. The Buyer acknowledges and agrees that it is solely responsible for determining the suitability of the Product for its intended applications, formulations, and end-use, and for obtaining the consent of its clients to apply the Product. The Buyer shall ensure that its use, storage, handling, of the Product complies with any supplied documentation, including directions for use and storage, as well as any applicable laws, regulations, and industry standards.
  6. The Buyer indemnifies and holds harmless Supplier, its affiliates, directors, officers, employees, and agents (“Supplier Indemnified Parties”) from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) suffered by the Supplier as a result of a third party claim against a Supplier Indemnified Party arising out of or in connection with:
    1. The Buyer’s use and handling of the Product that is not in accordance with this Agreement or Supplier’s instructions; or
    2. The Buyer’s breach of clauses 5(b) or 11.
  7. The Supplier indemnifies and holds harmless Buyer, its affiliates, directors, officers, employees, and agents (“Buyer Indemnified Parties”) from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) suffered by the Buyer as a result of a third party claim against a Buyer Indemnified Party arising out of or in connection with a defect in the Product, provided that:
    1. the defect was present in the Product at the time of delivery to the Buyer;
    2. the claim does not arise from the Buyer's or its personnel's misuse, mishandling, or failure to follow the Supplier's instructions; and
    3. the Buyer notifies the Supplier in writing of the claim promptly upon becoming aware of it and provides reasonable cooperation in the defence of that claim.
      The Supplier’s total aggregate liability under this clause 7(g) is capped at the total amounts paid by the Buyer to the Supplier in the 12 months immediately preceding the event giving rise to the claim.
  8. Each party’s liability under these Terms is reduced to the extent caused or contributed to by the other party.

Price and Payment

All prices are in Australian dollars and exclude GST unless otherwise stated. GST is payable by the Buyer in addition to the stated price. Payment is due in full at the time of placing an order. Vow reserves the right to vary prices between orders.

Title and Risk

  1. Title in the Products passes to the Buyer upon Vow receiving payment in full for those Products.
  2. Risk in the Products passes to the Buyer when the Products are handed to a carrier for delivery to the Buyer

Replacement of Non-Conforming Products

  1. The Buyer acknowledges that it is purchasing the Products for business purposes and that no refund will be provided for change of mind. 
  2. If the Products delivered do not conform to their published specification at the time of dispatch, the Buyer must notify Vow in writing within 14 days of delivery. If Vow determines, acting reasonably, that a non-conformance exists, Vow will replace the non-conforming Products at no additional charge. 
  3. Clause 10(b) sets out the Buyer's sole remedy for non-conforming Products, to the maximum extent permitted by law. Vow will not be liable for non-conformances arising from improper storage, handling, or use by the Buyer after delivery.

Intellectual Property

All intellectual property rights in the Products, including their formulation, branding, and packaging, remain exclusively with the Supplier. No licence is granted to the Buyer other than the right to supply the Products in their original, unmodified form as part of a treatment service. The Buyer must not reverse-engineer, analyse, or attempt to replicate the formulation of any Product.

Governing Law

These Terms are governed by the laws of New South Wales, Australia. 

Contact

Developed, manufactured, and made in Sydney, Australia, by Vow Group Pty. Ltd., Shop 1, 2 Ralph St, Alexandria NSW 2015, Australia. 

For enquiries, please contact us at info@exvivo.com.au