Terms of Service — Malta Skincare

Legal

Terms of
Service

Effective

2024

25 Sections

Overview

Welcome to Malta Skincare. The terms "we," "us," and "our" refer to Malta Skincare. We operate this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Malta Skincare is powered by Shopify.

The below terms and conditions describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy.

§ 01

Access & Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
§ 02

Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type and settings.

We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to how they are depicted in our online stores. All product descriptions are subject to change at any time without notice.

§ 03

Orders

When you place an order, you are making an offer to purchase. Malta Skincare reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Malta Skincare confirms acceptance, and we must receive and process your payment before acceptance.

Please review your order carefully before submitting, as Malta Skincare may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

§ 04

Prices & Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

You agree to provide current, complete, and accurate payment information for all purchases. You represent and warrant that the credit card information you provide is true, correct, and complete, and that you are duly authorized to use such credit card.

§ 05

Shipping & Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

§ 06

Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Malta Skincare, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Malta Skincare's names, logos, product and service names, designs, and slogans are trademarks of Malta Skincare. You must not use such trademarks without prior written permission.
§ 07

Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties or representations of any kind.

Any use of optional tools offered through the site is entirely at your own risk and discretion. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

§ 08

Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites or your purchase or use of any products or services on those sites.

§ 09

Relationship with Shopify

Malta Skincare is powered by Shopify. However, any sales and purchases you make in our Store are made directly with Malta Skincare. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Malta Skincare.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Malta Skincare.
§ 10

Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to Shopify and third parties that may be located in other countries than where you reside.

§ 11

Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose.

You represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

§ 12

Errors, Inaccuracies & Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update information, or cancel orders if any information is inaccurate at any time without prior notice — including after you have submitted your order.
§ 13

Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose; to violate any regulations or laws; to infringe upon our intellectual property rights or those of others; to harass, harm, defame, or intimidate any person; or to transmit false or misleading information.

In addition, you agree not to upload or transmit viruses or malicious code; to reproduce, copy, or exploit any portion of the Services; to collect the personal information of others; or to use any robot, spider, scraping, AI tools (such as agentic AI), or automated means to access the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
§ 14

Agents

14.1

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity and that can be executed without direct supervision.

14.2

No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. No Agent may access Services if we have requested that the Agent refrain from doing so.

14.3

We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4

Agents must: (i) identify that the request is from an Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are from a human or computer; (iv) not circumvent any measure intended to block, limit, or control Agent access.

§ 15

Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, and Privacy Policy.

§ 16

Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY MALTA SKINCARE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
§ 17

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MALTA SKINCARE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
§ 18

Indemnification

You agree to indemnify, defend, and hold harmless Malta Skincare, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent.

§ 19

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

§ 20

Waiver & Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

§ 21

Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

§ 22

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Malta Skincare is headquartered. You and Malta Skincare consent to venue and personal jurisdiction in such courts.

§ 23–24

Headings & Changes

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
§ 25

Contact Information

Questions about the Terms of Service should be sent to us at the address below. Our team will endeavour to respond to all enquiries promptly.