Terms of Service
This website is operated by DERMAGEN.Throughout the site, the terms “we”, “us” and “our” refer to DERMAGEN.DERMAGEN offers this website, including all information, tools andservices available from this site to you, the user, conditioned uponyour acceptance of all terms, conditions, policies and notices statedhere.
By visiting our site and/ or purchasing something fromus, you engage in our “Service” and agree to be bound by the followingterms and conditions (“Terms of Service”, “Terms”), including thoseadditional terms and conditions and policies referenced herein and/oravailable by hyperlink. These Terms of Service apply to all users of thesite, including without limitation users who are browsers, vendors,customers, merchants, and/ or contributors of content.
Pleaseread these Terms of Service carefully before accessing or using ourwebsite. By accessing or using any part of the site, you agree to bebound by these Terms of Service. If you do not agree to all the termsand conditions of this agreement, then you may not access the website oruse any services. If these Terms of Service are considered an offer,acceptance is expressly limited to these Terms of Service.
Anynew features or tools which are added to the current store shall alsobe subject to the Terms of Service. You can review the most currentversion of the Terms of Service at any time on this page. We reserve theright to update, change or replace any part of these Terms of Serviceby posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Yourcontinued use of or access to the website following the posting of anychanges constitutes acceptance of those changes.
Our store ishosted on Shopify Inc. They provide us with the online e-commerceplatform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are atleast the age of majority in your state or province of residence, orthat you are the age of majority in your state or province of residenceand you have given us your consent to allow any of your minor dependentsto use this site.
You may not use our products for any illegal orunauthorized purpose nor may you, in the use of the Service, violate anylaws in your jurisdiction (including but not limited to copyrightlaws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit cardinformation), may be transferred unencrypted and involve (a)transmissions over various networks; and (b) changes to conform andadapt to technical requirements of connecting networks or devices.Credit card information is always encrypted during transfer overnetworks.
You agree not to reproduce, duplicate, copy, sell, resellor exploit any portion of the Service, use of the Service, or access tothe Service or any contact on the website through which the service isprovided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site isnot accurate, complete or current. The material on this site is providedfor general information only and should not be relied upon or used asthe sole basis for making decisions without consulting primary, moreaccurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk.
Thissite may contain certain historical information. Historical information,necessarily, is not current and is provided for your reference only. Wereserve the right to modify the contents of this site at any time, butwe have no obligation to update any information on our site. You agreethat it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service(or any part or content thereof) without notice at any time.
Weshall not be liable to you or to any third-party for any modification,price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively onlinethrough the website. These products or services may have limitedquantities and are subject to return or exchange only according to ourReturn Policy.
We have made every effort to display as accuratelyas possible the colors and images of our products that appear at thestore. We cannot guarantee that your computer monitor's display of anycolor will be accurate.
We reserve the right, but are notobligated, to limit the sales of our products or Services to any person,geographic region or jurisdiction. We may exercise this right on acase-by-case basis. We reserve the right to limit the quantities of anyproducts or services that we offer. All descriptions of products orproduct pricing are subject to change at anytime without notice, at thesole discretion of us. We reserve the right to discontinue any productat any time. Any offer for any product or service made on this site isvoid where prohibited.
We do not warrant that the quality of anyproducts, services, information, or other material purchased or obtainedby you will meet your expectations, or that any errors in the Servicewill be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, inour sole discretion, limit or cancel quantities purchased per person,per household or per order. These restrictions may include orders placedby or under the same customer account, the same credit card, and/ororders that use the same billing and/or shipping address. In the eventthat we make a change to or cancel an order, we may attempt to notifyyou by contacting the e‑mail and/or billing address/phone numberprovided at the time the order was made. We reserve the right to limitor prohibit orders that, in our sole judgment, appear to be placed bydealers, resellers or distributors.
You agree to providecurrent, complete and accurate purchase and account information for allpurchases made at our store. You agree to promptly update your accountand other information, including your email address and credit cardnumbers and expiration dates, so that we can complete your transactionsand contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”and “as available” without any warranties, representations or conditionsof any kind and without any endorsement. We shall have no liabilitywhatsoever arising from or relating to your use of optional third-partytools.
Any use by you of optional tools offered through the site isentirely at your own risk and discretion and you should ensure that youare familiar with and approve of the terms on which tools are providedby the relevant third-party provider(s).
We may also, in thefuture, offer new services and/or features through the website(including, the release of new tools and resources). Such new featuresand/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websitesthat are not affiliated with us. We are not responsible for examining orevaluating the content or accuracy and we do not warrant and will nothave any liability or responsibility for any third-party materials orwebsites, or for any other materials, products, or services ofthird-parties.
We are not liable for any harm or damages related tothe purchase or use of goods, services, resources, content, or anyother transactions made in connection with any third-party websites.Please review carefully the third-party's policies and practices andmake sure you understand them before you engage in any transaction.Complaints, claims, concerns, or questions regarding third-partyproducts should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for examplecontest entries) or without a request from us you send creative ideas,suggestions, proposals, plans, or other materials, whether online, byemail, by postal mail, or otherwise (collectively, 'comments'), youagree that we may, at any time, without restriction, edit, copy,publish, distribute, translate and otherwise use in any medium anycomments that you forward to us. We are and shall be under no obligation(1) to maintain any comments in confidence; (2) to pay compensation forany comments; or (3) to respond to any comments.
We may, but haveno obligation to, monitor, edit or remove content that we determine inour sole discretion are unlawful, offensive, threatening, libelous,defamatory, pornographic, obscene or otherwise objectionable or violatesany party’s intellectual property or these Terms of Service.
Youagree that your comments will not violate any right of any third-party,including copyright, trademark, privacy, personality or other personalor proprietary right. You further agree that your comments will notcontain libelous or otherwise unlawful, abusive or obscene material, orcontain any computer virus or other malware that could in any way affectthe operation of the Service or any related website. You may not use afalse e‑mail address, pretend to be someone other than yourself, orotherwise mislead us or third-parties as to the origin of any comments.You are solely responsible for any comments you make and their accuracy.We take no responsibility and assume no liability for any commentsposted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Servicethat contains typographical errors, inaccuracies or omissions that mayrelate to product descriptions, pricing, promotions, offers, productshipping charges, transit times and availability. We reserve the rightto correct any errors, inaccuracies or omissions, and to change orupdate information or cancel orders if any information in the Service oron any related website is inaccurate at any time without prior notice(including after you have submitted your order).
We undertake noobligation to update, amend or clarify information in the Service or onany related website, including without limitation, pricing information,except as required by law. No specified update or refresh date appliedin the Service or on any related website, should be taken to indicatethat all information in the Service or on any related website has beenmodified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service,you are prohibited from using the site or its content: (a) for anyunlawful purpose; (b) to solicit others to perform or participate in anyunlawful acts; (c) to violate any international, federal, provincial orstate regulations, rules, laws, or local ordinances; (d) to infringeupon or violate our intellectual property rights or the intellectualproperty rights of others; (e) to harass, abuse, insult, harm, defame,slander, disparage, intimidate, or discriminate based on gender, sexualorientation, religion, ethnicity, race, age, national origin, ordisability; (f) to submit false or misleading information; (g) to uploador transmit viruses or any other type of malicious code that will ormay be used in any way that will affect the functionality or operationof the Service or of any related website, other websites, or theInternet; (h) to collect or track the personal information of others;(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumventthe security features of the Service or any related website, otherwebsites, or the Internet. We reserve the right to terminate your use ofthe Service or any related website for violating any of the prohibiteduses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service forindefinite periods of time or cancel the service at any time, withoutnotice to you.
You expressly agree that your use of, or inabilityto use, the service is at your sole risk. The service and all productsand services delivered to you through the service are (except asexpressly stated by us) provided 'as is' and 'as available' for youruse, without any representation, warranties or conditions of any kind,either express or implied, including all implied warranties orconditions of merchantability, merchantable quality, fitness for aparticular purpose, durability, title, and non-infringement.
In nocase shall DERMAGEN, our directors, officers, employees, affiliates,agents, contractors, interns, suppliers, service providers or licensorsbe 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 basedin contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procuredusing the service, or for any other claim related in any way to your useof the service or any product, including, but not limited to, anyerrors or omissions in any content, or any loss or damage of any kindincurred as a result of the use of the service or any content (orproduct) posted, transmitted, or otherwise made available via theservice, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liabilityfor consequential or incidental damages, in such states orjurisdictions, our liability shall be limited to the maximum extentpermitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless DERMAGEN and ourparent, subsidiaries, affiliates, partners, officers, directors, agents,contractors, licensors, service providers, subcontractors, suppliers,interns and employees, harmless from any claim or demand, includingreasonable attorneys’ fees, made by any third-party due to or arisingout of your breach of these Terms of Service or the documents theyincorporate by reference, or your violation of any law or the rights of athird-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determinedto be unlawful, void or unenforceable, such provision shall nonethelessbe enforceable to the fullest extent permitted by applicable law, andthe unenforceable portion shall be deemed to be severed from these Termsof Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to thetermination date shall survive the termination of this agreement for allpurposes.
These Terms of Service are effective unless and untilterminated by either you or us. You may terminate these Terms of Serviceat any time by notifying us that you no longer wish to use ourServices, or when you cease using our site.
If in our sole judgmentyou fail, or we suspect that you have failed, to comply with any termor provision of these Terms of Service, we also may terminate thisagreement at any time without notice and you will remain liable for allamounts due up to and including the date of termination; and/oraccordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision ofthese Terms of Service shall not constitute a waiver of such right orprovision.
These Terms of Service and any policies or operatingrules posted by us on this site or in respect to The Service constitutesthe entire agreement and understanding between you and us and governyour use of the Service, superseding any prior or contemporaneousagreements, communications and proposals, whether oral or written,between you and us (including, but not limited to, any prior versions ofthe Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provideyou Services shall be governed by and construed in accordance with thelaws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change orreplace any part of these Terms of Service by posting updates andchanges to our website. It is your responsibility to check our websiteperiodically for changes. Your continued use of or access to our websiteor the Service following the posting of any changes to these Terms ofService constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at KarenCheah@pharmacymr.com.au.