Terms of Service

Overview

This website is operated by Dermogains™. Throughout the site, the terms “we”, “us” and “our” refer to Dermogains™. By visiting our site and/or purchasing something from us, you agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site.

1. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose, nor may you violate any applicable laws (including copyright laws). A breach of the Terms will result in immediate termination of your access to our services.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service without our express written permission.

3. Accuracy, Completeness and Timeliness of Information

We are not responsible if information on this site is not accurate, complete or current. The material is provided for general information only and should not be relied upon as the sole basis for making decisions. We may modify the contents of this site at any time, but have no obligation to update any information. You agree it is your responsibility to monitor changes.

4. Products and Services

Certain products or services may be available exclusively online and may have limited quantities. Returns or exchanges are subject to our Shipping & Returns Policy. We have made every effort to display product colours and images accurately, but cannot guarantee your screen’s display. All descriptions of products and pricing are subject to change without notice. We reserve the right to discontinue any product at any time.

Certain products may be offered for pre-order and will be dispatched in accordance with the estimated dispatch timeframe stated on the product page at the time of purchase.

5. Product Use & Disclaimer (Cosmetic, Not Therapeutic)

Dermogains™ products are formulated as cosmetic skincare designed to support skin health and appearance. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition, and are not therapeutic goods under the Therapeutic Goods Administration (TGA) framework. Results may vary between individuals and depend on factors such as skin type, lifestyle, and consistency of use. Always read the label and follow usage directions. Discontinue use if irritation occurs and consult a healthcare professional if needed.

6. Billing and Account Information

We reserve the right to refuse any order. We may attempt to notify you if we change or cancel an order using the email and/or phone number provided at purchase. You agree to provide current, complete and accurate purchase and account information and to promptly update details (including email and payment information) so we can complete your transactions and contact you as needed.

7. Third-Party Links

Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability for any third-party materials or websites.

8. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

9. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or service that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, or availability. We reserve the right to correct errors, change or update information, or cancel orders if any information is inaccurate at any time without prior notice.

10. Prohibited Uses

In addition to other prohibitions set out in the Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(c) to violate any regulations, rules, laws, or ordinances;

(d) to infringe upon our intellectual property rights or the rights of others;

(e) to harass, abuse, insult, harm, defame, intimidate, or discriminate;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any malicious code;

(h) to collect or track the personal information of others;

(i) to spam, phish, pretext, spider, crawl or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

11. Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of the service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. In no case shall Dermogains™, our directors, employees, affiliates or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any products or services purchased from us, to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified.

12. Indemnification

You agree to indemnify, defend and hold harmless Dermogains™ and our affiliates, partners and employees from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

13. Severability

If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect.

14. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services. The obligations and liabilities incurred prior to termination shall survive termination.

15. 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 laws of New South Wales, Australia.

Contact Information

Questions about the Terms of Service should be sent to: hello@dermogains.com.au