Dermalogica (Canada) Ltd.
Online Class Booking Terms and Conditions

Set out below, are the terms and conditions (the "Terms and Conditions" ) pursuant to which any of our registered users ( "you" ) may book a training course (a "Class" ) with Dermalogica (Canada) Ltd. ( "we/us/our" ) that is listed on any of the following websites (the "Sites" ):

Please read these Terms and Conditions carefully before booking any Classes through any of the Sites and we suggest that you print a copy for future reference.

If you accept these Terms and Conditions and wish to proceed to book a Class, please click on the button marked “Accept” in the section below. Agreement to these Terms and Conditions is required in order to book a Class. If you do not accept these Terms and Conditions, you will not be able to book any of the Classes. Your use of this website and by clicking on the “Accept” button below, you indicate your acceptance of, and agreement to be bound by, these Terms and Conditions.

1. Agreement

By booking a Class through any of the Sites, you:

2. Laws and Regulations

Your access to and use of the Sites, and the booking of Classes, are subject to all applicable international, federal, provincial and local laws and regulations.

3. Price and Payment

There are two types of Classes that can be booked through the Sites:

The prices listed for the International Dermal Institute Class are per student and include all tuition fees, use of equipment and all course materials. The price for any of the Classes will be as quoted on the Sites, from time to time, except in cases of error. These prices, where applicable, include GST. Prices are subject to change at any time, but changes will not affect any bookings that we have accepted prior to such change.

Generally, within two working days following your online booking of an International Dermal Institute Class, you will receive a phone call from us. Our representative will request that you provide the necessary information to pay for the Class. Payment for International Dermal Institute Classes must be made, in full, prior to the commencement of the Class. Payment may be made by credit or debit card (AMEX, Mastercard & VISA).

We will confirm acceptance of your booking by sending you confirmation by e-mail that your attendance at the Class has been booked (“Confirmation Letter”). The Confirmation Letter will contain details of the Class(es) booked, times of the Class(es) and the address(es)of the training centre(s). Details of how to reach the training centres are available on www.dermalogica.ca, www.dermalinstitute.ca, http://education.dermalogica.ca, and/or http://education.dermalinstitute.ca. Your credit or debit card will be charged the full amount of the required payment after we have accepted your booking and sent you the Confirmation Letter.

We confirm that, other than as specified herein, you are solely responsible for any travel or other expenses incurred by you for the purpose of attending the Class(es). We will not be providing any food or refreshments at the Class(es) unless otherwise specified in the Confirmation Letter. Complimentary refreshments are generally available in each Training Centre.

Any and all bookings made by you are subject to acceptance by us and no additions or changes may be made to a booking once placed. We reserve the right to refuse admission to a Class for any reason, provided that we will refund the payments made by you for the Class, unless you made a misrepresentation to us with respect to your qualifications.

4. Cancellation by Us

The Classes will be held on the dates specified at the time of booking on the Sites. We reserve the right to cancel Classes, in our sole and absolute discretion, provided that, in the event of a cancellation, we will endeavour to inform you as soon as possible and a full refund will be made to you for the payments made by you for such cancelled Class.

5. Cancellation by You

If you are unable to attend a Dermalogica Class or an International Dermal Institute Class that you have booked, please contact us as soon as possible, so that we may allocate your seat to another student.

You may cancel any booking within seven (7) business days from the date the booking was made, by providing us written notice of such cancellation. A full refund for the payments made for such cancelled Class will be made to you. In the event that you attend a Class within this seven (7) day period, you acknowledge and agree that you hereby waive your right to cancel the Class in accordance with this paragraph.

Cancellation of International Dermal Institute Class

If we receive your notice of cancellation of an International Dermal Institute Class prior to seven (7) days before the start date of the Class, we will transfer the booking to a different date or Class, free of charge, or provide you with a full refund of the payment made with respect to the Class that you cannot attend.

If we receive your notice of cancellation of an International Dermal Institute Class within (7) days before the start date of the Class, your booking will be cancelled and no refund will be made to you. Any monies retained by us will be retained as a cancellation fee, and will not be considered as credit towards the booking of other Classes.

Cancellation of Dermalogica Class

If we receive your notice of cancellation of a Dermalogica Class within two (2) business days prior to the commencement of the Class, you will be invoiced a cancellation fee of $25 per Dermalogica Class.

6. Certification

Certificates for Dermalogica Classes are awarded upon successful completion of all the necessary components of the Dermalogica Class. No certificate will be awarded if a student misses 30 minutes or more of a Dermalogica Class.

Certificates for International Dermal Institute Classes are awarded upon successful completion of each Class. Due to the importance of all the information covered in a Class, you must be present for the entire duration and pass the final exam, as applicable, in order to receive the certificate.

7. Copyright/Trade Marks

Any trade marks, logos and service marks (“Marks”) displayed on the Sites belong to us or other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without our written permission or such third party which may own the Marks. All information and content, on or through the Sites or provided to you at or in connection with the Classes (“Content”) is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available for any purpose, except as otherwise explicitly permitted hereunder.

8. No Warranties

ALL CLASSES, CONTENT, PRODUCTS, AND OTHER SERVICES PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF CONTENT OF THE SITES OR ANY OPINIONS, ADVICE, OR STATEMENTS MADE AT THE CLASSES, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE PROVIDED BY US. UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, AGENTS, SHAREHOLDERS AND/OR DIRECTORS (THE “DERMALOGICA GROUP”) BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES OR A LINKED SITE, OR RELIANCE ON ANY OPINIONS, ADVICE, STATEMENTS, PRODUCTS OR SERVICES OBTAINED FROM US.

9. Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, DIRECT OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS; SAVE AND EXCEPT THAT, IN THE EVENT THAT A CLASS IS NOT HELD IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, OUR LIABILITY SHALL BE LIMITED TO PROVIDING THE CLASS AT AN ALTERNATIVE TIME AND/OR PLACE, AS APPLICABLE, OR TO THE PAYMENT OF SUCH AMOUNTS AS MAY BE NECESSARY TO FACILITATE THE PROVISION OF THE CLASS AT AN ALTERNATIVE TIME AND/OR PLACE. IN NO EVENT SHALL THE DERMALOGICA GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY AMOUNT THAT EXCEEDS THE AMOUNTS ACTUALLY RECEIVED BY US FROM YOU IN CONNECTION WITH THE CLASS.

10. Indemnity

As a condition of use of the Sites, you agree to indemnify the Dermalogica Group from and against any and all liabilities, expenses (including legal fees) and damage arising out of claims resulting from your use or anyone else’s use of the Sites, including, without limitation, your breach of these Terms and Conditions or any of the documents it incorporates by reference. If you are dissatisfied with the classes, content, products, and other services provided by us, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Sites.

11. Transmission of Personal Data

You acknowledge and agree that by providing us with any personal information through any of the Sites, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing in accordance with our standard business practices and Privacy Policy. You should be aware that another site linked to any of the Sites may contain transmission of personal data provisions that differ from the provisions provided herein. We are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

12. Violations of Terms and Conditions & Termination

We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block your access from a particular Internet address to any of the Sites, and, if deemed appropriate in our sole and absolute discretion, contact the appropriate law enforcement agencies. We may, in our sole and absolute direction, terminate or suspend your access to all or part of the Sites at any time, with or without notice to you, for any reason. These Terms and Conditions shall survive the termination of this and any agreement between you and us, including, but not limited to, all waivers of liability and disclaimers contained herein.

13. Notices

All notices given by you to us must be given to Dermalogica (Canada) Ltd. at 720 King Street Westm Suite 300, Toronto, Ontario M5V 2T3 or enquiry@dermalinstitute.ca. We may give notice to you, unless specified otherwise herein, at either the e-mail or postal address that you provide to us when you registered to become a registered user of the Sites, or at the current address contained within the Sites in the ‘My Details’ section therein. Notice will be deemed received and properly served: (i) immediately, if posted on our website; (ii) 24 hours after delivery, if sent via e-mail; or (iii) 3 business days following the date of its mailing, if sent by mail.

14. Assignment

These Terms and Conditions herein shall be binding upon you and us and on our respective successors and assigns. The agreement herein, nor the rights and obligations of either party in connection therewith, may be assigned by you without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, at any time without your prior consent.

15. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event"). Our performance our obligations shall be deemed to be suspended for the period that the Force Majeure Event continues, and we shall be entitled to an extension of time for performance for the duration of that the Force Majeure Event continued.

16. Jurisdiction/Governing Law

The Sites are operated and controlled by us from our offices located within the Province of Ontario, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Sites and booking a Class(es), you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms and Conditions notwithstanding any conflict of laws provisions or your domicile, residence or physical location. We make no warranty or representation that any or all of the content, Classes and/or services provided on or through the Sites, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. You agree that if you access the Sites outside of the Province of Ontario, you are responsible for compliance with local laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms and Conditions (including, but not limited to, a breach thereof), your use of the Sites, and/or any other proceeding involving us, either directly or indirectly.

17. General

The information and materials contained in these pages - and the terms, conditions, and descriptions that appear - are subject to change at any time and at our discretion. You are encouraged to check this page regularly to determine if any updates have been made. Not all Classes are available in all geographic areas. Your eligibility for particular Classes is subject to final determination and acceptance by us.

These Terms and Conditions, and any other terms, conditions or documents expressly referred to herein, represent the entire agreement between us and you in relation to the subject matter herein and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. Section headings are provided for convenience of reference and do not constitute part of these Terms and Conditions. Any references to a particular section of these Terms and Conditions shall be deemed to include reference to any and all subsections thereof. The waiver by us of a breach of any provision of these Terms and Conditions or the documents it incorporates by reference will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of these Terms and Conditions shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will continue in full force without being affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. If any remedy set forth in these Terms and Conditions is determined to have failed of its essential purpose, then all other provisions of these Terms and Conditions, including the limitations of liability and exclusions of damages, shall remain in full force and effect. If an ambiguity or question of intent arises with respect to any provision of these Terms and Conditions, these Terms and Conditions will be construed as if drafted jointly by us and the you and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms and Conditions.