Terms of service

LEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE (THE "WEBSITE"). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

The Website (www.skinforme.com) is owned and offered by Isabella Loneragan Skin Pty Limited trading as Skinformé and Isabella Loneragan Skin (“Skinformé”, “we” or “us”) to you, the user, conditional upon your acceptance without modification of the terms and conditions set forth herein ("Terms of Use"). Access and use of the Website is subject to these Terms of Use and all applicable laws, statutes, and regulations. The Website has been designed to provide general information about Skinformé and its business and to offer the opportunity to purchase Skinformé products & receive regular newsletters and updates on Skinformé products (“Products and Services"). The information provided at the Website is not intended to provide medical advice. Users of the Website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease. If there is any inconsistency between information provided on this Website and any information provided with a Skinformé product, the latter should be taken as most correct.

Acceptance of Conditions

Purchasing of Skinformé products & subscription to Skinformé newsletter (newsletter) and use of the Website are governed by these Terms and Conditions. By purchasing/subscribing to the newsletter and using the Website you have agreed to these Terms and Conditions. Skinformé reserves the right to amend these Terms and Conditions at any time. Your continued access to the Website and subscription to the newsletter will constitute your acceptance of any changes or revisions to the Terms and Conditions. Your failure to follow these Terms and Conditions may result in suspension or termination of your access to the Website and the newsletter, without notice.

Registration of Account

On the Website you will have the option to register for an account (the 'Account') in order to enter into Competitions or to collect rewards as set up by Skinformé at our sole discretion.

As part of the registration process, or as part of your continued use of the Products and Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to: Your name; Email address; Preferred username; Telephone number; and Password. You warrant that any information you give to Skinformé in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered user (“User”) and agree to be bound by these terms and conditions. As a User, you agree to comply with the following:

You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Account;
Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Skinformé of any unauthorised use of your password or email address or any breach of security of which you have become aware;
You will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
You agree that commercial advertisements, affiliate links, and other forms of solicitation placed by you may be removed from the Website without notice and may result in termination of your Account. Appropriate legal action will be taken by Skinformé for any illegal or unauthorised use of the Website; and
You acknowledge and agree that any automated use of the Website is prohibited.

Entry Into Competitions

As a subscriber of the newsletter, you will be given the opportunity to enter competitions from time to time via the newsletter or through your Account as a User, as well as the opportunity to take advantage of special offers. Each competition and special offer is subject to terms and conditions which will be available to you via the newsletter at the time of entering the competition or viewing the offer. Any competition that is made available to the public is governed by its own terms and conditions subject to law. The terms and conditions of each competition will be made available to all prospective entrants and should be read in conjunction with this Agreement.

Skinformé Rewards

Skinformé may, from time to time, offer a customer loyalty program known as Skinformé Rewards ("Rewards Program"). Participation in the Rewards Program is subject to the following terms:

(a) Participation in the Rewards Program is optional and is available only to registered Account holders, unless otherwise determined by Skinformé.

(b) Rewards points may only be earned on eligible retail purchases made directly through Skinformé, as determined by us from time to time.

(c) Wholesale purchases, including all Orders placed through an approved wholesale Account or charged at wholesale pricing, are not eligible to earn Skinformé Rewards points.

(d) Rewards points may only be be redeemed in accordance with the Rewards Program rules in effect at the time of redemption. Rewards points cannot be redeemed for cash, transferred, sold, assigned or exchanged.

(e) Rewards points are awarded on eligible purchase values only and are not earned on shipping charges, taxes, gift cards, or any other purchases or fees that Skinformé determines are excluded from the Rewards Program.

(f) If an Order is cancelled, refunded, credited, reversed, or otherwise adjusted, any Rewards points earned from that Order may be reduced or removed from the relevant Account.

(g) Skinformé reserves the right to determine whether a purchase is eligible for Rewards points and to correct, adjust, or remove Rewards points where they have been awarded incorrectly or contrary to these Terms.

(h) Rewards points have no cash or monetary value, are not transferable, and do not constitute property or a financial benefit.

(i) Unless otherwise specified by Skinformé, Rewards points expire twelve (12) months after the date they are earned.

(j) Skinformé may modify, suspend, discontinue or terminate the Rewards Program, or amend the manner in which Rewards points are earned or redeemed, at any time without prior notice.

(k) Any misuse of the Rewards Program, fraudulent activity, breach of these Terms, or conduct that Skinformé reasonably believes is intended to manipulate or abuse the Rewards Program may result in cancellation of Rewards points, suspension or termination of an Account, refusal of future participation in the Rewards Program, and any other remedies available to Skinformé.

(l) Promotional offers, bonus point campaigns, and other Rewards Program incentives may be subject to additional terms and conditions and cannot be combined with wholesale pricing or any other pricing arrangement unless expressly stated by Skinformé.

No Reliance

While Skinformé has endeavoured to ensure the accuracy of the information accessed via the Website and distributed via the newsletter, Skinformé does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website or in the newsletter.

Online Purchases

You can purchase Products and Services by placing an order on the Website. If a product you purchase does not match the description on the Website, as your sole and exclusive remedy you may return the product, unused, to Skinformé and receive a refund of your purchase price only. Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalogue may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Skinformé will take one of the following options: (i) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologise for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our returns policy. Discounts are limited-time offers and are not valid with other offers. For shipping, cancellation, and other ordering questions, please refer to our Refunds and Shipping Policies.

Links on the Website

The Website and the newsletter may contain links to other Websites and may on occasion display content or information from other Websites within frames on the Website. Websites or pages to which the Website or newsletter are linked are for information only and have not been reviewed by Skinformé. Skinformé has no responsibility for the content of the Websites or pages linked or linking to the Website or the newsletter.

Editing and Deletions

Skinformé reserves the right to review, edit, move or delete any material provided for display or placed on the Website or in newsletters, without notice.

Use of Electronic Addresses

All electronic addresses of Skinformé and its employees published on the Website or in the newsletter are for business purposes only. The publication of those electronic addresses should not be taken as consent by Skinformé and its employees to receiving unsolicited commercial electronic messages not directly related to the Website, the newsletter or Skinformé's business.

Privacy

Your purchase or subscription to the newsletter and your access of this Website constitutes acceptance of our Privacy Policy.

By purchasing Skinformé products on line or subscribing to the newsletter you are consenting to receive electronic communications from Skinformé regarding the newsletter and Skinformé's products, offers and services. You can withdraw your consent by unsubscribing at any time simply by click "unsubscribe" or "manage subscriptions" from the electronic communication.

Where Skinformé must maintain your personal data, or provide your data to third parties, and there are no legal or other reasons for Skinformé to retain your personal data, Skinformé agrees to release or delete the processed personal data as requested by you.

Intellectual Property

The Website and newsletter are the property of Skinformé. The Website and the newsletter, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks and other material (Content) are protected by copyright, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by Skinformé and content owned or controlled by third parties and licensed to Skinformé. All individual articles, reports, and other elements making up the Website and the newsletter may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website and/or newsletter. Except for the purposes of viewing the Website and newsletter, you must not copy, adapt or distribute those materials unless you have first obtained our written consent to do so. You may not use any of Skinformé's trademarks, trade names or brands without Skinformé's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands or marks. You agree to notify Skinformé in writing promptly upon becoming aware of any unauthorised access to or use of the Website or newsletter by any party or of any claim that the Website, newsletter or any of the contents of the Website or newsletter infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

Limit of Liability

Skinformé makes no warranties or representation about any content or information on this Website or in the newsletter, and to the extent permitted by law exclude (and where law does not permit an exclusion, limit to the extent permitted by law) all: warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the Website and newsletter; and liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but not limited to that arising from negligence), connected with any use or access to the Website or any reliance on information contained on the Website and newsletter. Skinformé will not be held responsible for Content provided by third parties. Skinformé is also not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the Website and newsletter. Skinformé does not warrant that the Website or newsletter are compatible with your computer equipment or that the Website, the newsletter or their servers are free of errors or viruses, worms etc and Skinformé is not liable for any damage you may suffer as a result of such destructive features.

Any attempt to deliberately damage the Website, the newsletter, or the information on the Website or in the newsletter, or to otherwise undermine the legitimate operation of any competitions, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Skinformé reserves the right to seek damages to the fullest extent permitted by law.

Termination of Access to the Service

Skinformé has the right to terminate or suspend your subscription to the newsletter, or your Account for any or no reason, without notice and without liability.

Feedback

While Skinformé is pleased to receive feedback, comments and ideas from visitors to the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please read the Privacy Policy before submitting personal information to Skinformé. Your use of the Website constitutes your acceptance of all the terms of the Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant Skinformé an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Skinformé is free to use them for any purpose.

Legalities

This Website and the newsletter and their use are governed by the laws of Australia and the State of New South Wales. In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the "Registration Data"). If Skinformé suspects that your Registration Data is inaccurate or incomplete, Skinformé may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website. You shall indemnify, defend and hold harmless Skinformé, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys' fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms of Use. Skinformé shall have the right at its own expense, but not the obligation, to assume the exclusive defence and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Skinformé. Skinformé reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website.

Wholesale

Skinformé Skincare
Wholesale Terms & Conditions

Welcome to Skinformé Wholesale, part of Isabella Loneragan Skin, ABN 61 626 522 021. We formulate, manufacture, and supply a range of high-quality skincare products for targeting and treating specific concerns.

1. Background

Please read these Wholesale Terms & Conditions (Terms) and our Privacy Policy carefully as they govern and apply to all and any purchase, use, access, and availability of Skinformé Skincare (us/our) wholesale products (collectively, products).

If you do not agree to the Terms, please refrain from the wholesale purchase of our Products.

These Terms may be amended by us at any time, and by continuing to purchase any Products, you accept the Terms as they apply from time to time.

2. Access to Products

(a) To place wholesale orders for Skinformé Skincare Products, you must first apply to become a wholesaler (Account), which we will approve or reject at our discretion.

(b) To make a wholesaler application, you must follow the application form prompts and provide us with current, complete, and accurate identification and other information, including but not limited to, your name, phone number, and a valid email address (Registration Information).

(c) If your Registration Information changes at any time, you must promptly notify us so we can update your Account to reflect those changes.

(d) As a wholesale Account holder, you agree that:

(i) your access to and use of our wholesale collateral is non-transferable;
(ii) you are responsible for always maintaining the confidentiality of your Registration Information, including your unique Wholesaler Code (Code); and
(iii) we may deny anyone access to an Account and our Products at any time and for any reason without notice.

3. Use of the wholesale Account

You must:

(a) only use the wholesale Account for lawful purposes and for the purposes for which it is intended;

(b) not commit any act, engage in any practice or omit to commit any act that:

(i) is harmful to our systems, reputation or goodwill; or
(ii) interferes with the integrity of our brand;

(c) not create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means; or

(d) not encourage or facilitate violations of the Terms.

4. Ordering Products

4.1 Ordering process

(a) You may place an order of the Products (Order) by completing the wholesale order form provided.

(b) When you place an Order with us, we will issue you with an Order confirmation and Order number. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms.

(c) You acknowledge that we have done our best to display and describe as accurately as possible the colours, shapes and sizes of the Products shown on this Site. Because the Products’ specifications you see will depend on your monitor and the device on which you view the Products, we cannot guarantee that your monitor’s or device’s display will be accurate.

(d) We reserve the right to accept or reject your Order for any reason at any time.

4.2 Initial minimum order value

(a) There is no minimum order value on any wholesale Orders; and
(b) There is no minimum annual spend to maintain your wholesale Account.

4.3 Exclusivity

(a) Subject to clause 4.3 (b) below, the Products are provided to all wholesalers and stockists on a non-exclusive basis. You acknowledge that we are not restrained or prevented from selling the Products to any wholesalers and stockists in competition with you, or in any State or territory.

(b) Contact us directly via phone or email to discuss postcode exclusivity.

(c) Postcode exclusivity is offered by us at our sole and absolute discretion, and we reserve the right to cease providing exclusivity at any time and without notice to you.

4.4 Retail & Backbar Purchasing Requirements

(a) Backbar Products are supplied exclusively for professional in-clinic use and are intended to support and complement the retail sale of Skinformé Products to end consumers.

(b) As a condition of maintaining a wholesale Account and accessing Backbar Products, you must actively stock and offer Skinformé retail Products for sale within your clinic or business.

(c) Backbar Products may only be purchased in conjunction with retail Products unless otherwise approved by us in writing.

(d) We reserve the right, at our sole and absolute discretion, to refuse, cancel, or limit any Order that consists solely or predominantly of Backbar Products without accompanying retail Products.

(e) We further reserve the right to determine, in our sole discretion, whether your wholesale purchasing activity aligns with the intended retail distribution and professional use of the Skinformé brand.

(f) Where we reasonably believe that an Account holder is not actively retailing Skinformé Products or is otherwise not supporting the retail distribution of the brand, we may restrict access to Backbar Products, suspend the Account, or refuse future Orders.

(g) Wholesale Orders, including all Orders placed through an approved wholesale Account and charged at wholesale pricing, are not eligible to earn or accrue Skinformé Rewards points (or any successor loyalty or rewards program). Skinformé Rewards points may only be earned on eligible retail purchases made at the applicable retail price, unless otherwise determined by us in writing at our sole discretion.

5. Restrictions on the Use and Sale of Products

(a) Your cooperation in complying with these Terms is essential to ensure that all wholesalers and stockists can enjoy their experience with our Products. Without limiting any other provision of the Terms, you agree not to do any of the following:

(i) use the Products in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third-party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other services or products;

(ii) use the Products as part of a trademark, design mark, tradename, business name, service mark, or logo;

(iii) falsely represent that you are the original provider, developer or manufacturer of our Products;

(iv) remove, alter or disguise any copyright or other proprietary labels on the Products;

(v) repackage the Products in packaging other than its original packaging or any other packaging supplied by us; or

(vi) modify, adapt, merge, decompile, disassemble, reverse engineer, or create derivative works out of the Products.

(b) In the event of a product recall, you must provide us and any third party any reasonable assistance as required by us.

(c) You must not, without our prior consent or approval, sell or offer the Products for sale on any third-party websites including but not limited to eBay, Amazon, Gumtree, Facebook groups or Marketplace.

6. Payment

(a) All Orders must be paid in full in advance. We will not ship the Products until we have received payment in full. We do not offer credit, consignment, or other delayed payment terms.

(b) You may make payment for your Order by way of:

(i) credit card payments;
(ii) bank deposit;

(d) “GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth). Subject to this clause, if GST is payable in respect of any supply made to you by us, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the price at which a Product is sold.

(e) You agree and acknowledge that we can vary any fees or costs related to our Products at any time. You will be notified of changes or variations.

(f) Our Products will come with a Recommended Retail Price (RRP), and your prices can either match this RRP or be sold at a higher price.

(g) You are responsible for ensuring your payment details are correct. Changes to payment details can be made by contacting us via phone or email. If your credit card expires or your payment method is invalid, access to our Products may be disabled or revoked.

(h) If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.

(i) We have the right to deny you access to Products or suspend or terminate your Account if we are unable to process the applicable fees.

7. Promotional and Informational Materials

7.1 Promotional Materials

(a) As our wholesale customer, we will provide you with product and lifestyle imagery of our products (Promotional Materials) that you may use for the purposes of marketing and promoting the Products.

(b) We grant you a non-exclusive, revocable, non-transferable, non-sublicensable licence to use, copy and distribute the Promotional Materials in connection with the marketing, promotion, and sale of the Products. You may use the Promotional Materials in your print advertising, website, and social media accounts.

(i) use the Promotional Materials for any other purpose, including to promote your own or any third party’s brand or products;

(ii) remove, alter, or obstruct any copyright or other proprietary notices on the Promotional Materials; or

(iii) use any other imagery or material in connection with the sale of our Products without our prior consent.

7.2 Training & Informational Materials

(a) As our wholesale customer, we will provide you with product onboarding training and associated informational materials (Training & Informational Materials) including, but not limited to, ingredients, use, and application for the purpose of education.

(b) These materials do not constitute Promotional Materials and are provided:

(i) exclusively for the purposes of product training; and
(ii) with the understanding that they will remain Commercial in Confidence.

8. Shipping & Returns

8.1 Shipping

(a) Once an Order has been accepted and paid for in full, we will arrange for shipping of the Products to the location nominated by you when placing the Order.

(b) If your Order is paid in full and we have the appropriate stock on hand to fulfil your Order, we will ship the Products from our warehouse within 5 business day of the placement of the Order.

(d) In the event of any delay due to external factors, we will not be liable to you or your customers for any loss or liability arising from the delay.

Please note: 

· Business day means Monday to Friday, except holidays.

· Orders are not shipped or delivered on weekends or holidays.

· Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.

8.2 Locations

(a) We currently ship internationally but to select countries.

(b) We ship to both commercial and domestic addresses.

8.3 Tracking

You will receive a link to track your Order. If your Order gets lost or becomes a delivery exception, please email us providing all relevant information, including your order number. 

8.4 Defective or Incorrect Products

(a) If you receive Products that are damaged, defective or incorrect, you must notify us within 5 days of delivery with details of the shortage, error, or defect.

(b) Where we are reasonably satisfied that the Products are defective, we will, at our option:

(i) accept return, at our cost, of the defective Products;

(ii) give you credit for the defective Products; or

(iii) provide a refund for the defective Products.

(c) Where Products are incorrect, you must, at our cost, return the incorrect Products and we will arrange for the correct Products to be delivered to you.

(d) Where there is a shortfall in the Products, we will arrange for the additional Products to be delivered to make up the full Order.

(e) Where there is a surplus of Products then you must, at our cost, return the excess Products to us within 8 days of delivery.

8.5 Risk and title

Risk and title in the Products will pass to you upon delivery of the Products to you or your nominated carrier.

9. Refunds

(a) If we reject your Order for any reason, you will receive a refund of any money paid.

(b) Except as required by law, we are under no obligation to refund any payment made by you, in part or in full, for any reason, including, without limitation, deactivation of your Account.

10. Intellectual Property

(a) Our Brand and Products are subject to copyright. All material on the Site is protected under the laws of Australia and through international treaties.

(b) In these Terms, Intellectual Property (Rights) means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, source code, domain names, logos, button icons, scripts, branding, design elements, graphics, written material, videos, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.

(c) We own all rights, title, and interests (including Intellectual Property) in the Site, Promotional Materials, Informational and Training Materials, and any material (including all text information and content, graphics, logos, and software) made available to you on the Site (collectively, Site Content). Your use and access of the Site does not grant or transfer any rights, title, or interest to you in relation to the Site Content.

(d) You may view the Site using a web browser or mobile device, and electronically copy and print in hard copy the Site Content solely for your personal and non-commercial use.

(e) We retain all rights, title, and interest in and to our Products, Promotional Materials, Informational and Training Materials, and the Site. Nothing you do on or in relation to our Products, Promotional Materials or the Site will transfer any:

(i) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright;

(ii) right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

(iii) formulation, thing, intervention, design, system, work, or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process).

(f) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Site Content, Promotional Materials or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.

(g) The obligations accepted by you under this clause survive termination or expiry of these Terms.

11. Third Party Links

The Site may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction in relation to any third-party products and services.

12. Privacy

We will collect, use, and disclose any personal information which you provide to us when: (a) applying for a wholesale Account; and (b) accessing the Site, in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.

13. Exclusions & Limitation of Liability

13.1 Exclusions

(a) To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site, and the use of our Products and Promotional Materials. This exclusion includes, but is not limited to:

(i) the completeness, truth, suitability, quality or accuracy of the information or product descriptions published on our Site (including Promotional Materials, third-party material and advertisements);

(ii) whether any result or objective can be achieved or attained by accessing the Site or Products; or

(iii) that the information on the Site is current.

(b) We do not warrant or represent:

(i) our Products will meet your requirements or expectations;

(ii) the accuracy of the captioning, keywording, heading, or any other information, representation or thing depicted on or associated with the Site;

(iii) that the Site or any Products on the Site will remain available, uninterrupted, timely, or error-free; or

(iv) that any errors or defects on the Site or with our Products will be corrected.

13.2 Limitation of Liability

Everything on the Site is provided to wholesale Account holders is “as is” and “as available”. None of our affiliates, directors, employees, agents, contributors, and licensors makes any representation or warranty about our Products referred to on the Site. This includes, without limitation, loss or damage which you may suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, virus or any other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) costs incurred as a result of you using the Site and our Products; or

(c) any defamatory, threatening, offensive or unlawful conduct by third parties, or publication of any materials relating to or constituting such conduct

14. Indemnity

(a) Despite anything to the contrary, you agree to indemnify us against any loss, cost, damage, expense (including reasonable legal costs), liability or claim (Claim) incurred by a third party except to the extent that we directly caused or contributed to the loss, damage, liability, claim or expense.

(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

15. Termination

We may, at any time, terminate the Terms with you if:

(a) you have breached any provisions of the Terms;

(b) we are required to do so by law; or

16. Disputes

(a) A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement unless it has complied with this clause 16. A party claiming that a dispute has arisen must notify the other party to the dispute giving details of the dispute.

(b) During the 15-Business Day period after notice is given (or any longer period agreed in writing by the parties to the dispute) (Initial Period) each party to the dispute (Disputant) must co-operate and take all reasonable steps necessary to resolve the dispute.

(c) If the Disputants are unable to resolve the dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation to a mediator agreed on by the Disputant.

(d) If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Society of NSW and have the president of that Law Society appoint a Mediator and set the matter for mediation.

(e) The role of the mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

(f) Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.

(g) The mediation will be held within 80km of Sydney, Australia.

(h) After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to the dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 Business Days after commencement of dispute resolution.

(i) All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

17. General

17.1 No Waiver

No waiver of rights in these Terms, any of our policies, or agreement between us and an Account holder shall constitute a subsequent waiver of this or any other right under these Terms.

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

17.2 Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent that it will not affect the enforceability or validity of the remaining provisions.

17.3 Entire Agreement

These Terms and any other terms that form part of it shall constitute the entire agreement between you and us in relation to your wholesale Account and shall supersede all previous agreements between you and us.

17.4 Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of NSW, Australia. You submit to the non-exclusive jurisdiction of the Courts of NSW and Courts of Appeal from them for determining any dispute concerning these Terms.

17.5 Force Majeure

Force Majeure means an event which is beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, fires, acts of God, and governmental action. Neither you or we shall be deemed to be in breach of these Terms for any delays or failures in the performance of either party which results from a Force Majeure.

17.6 Feedback and Contact

Your feedback is important to us. We welcome and encourage you to provide feedback and suggestions for any additional forms of support we can provide to wholesale Account holders. You may submit feedback by contacting us directly via phone or email.

Mobile Terms of Service

Skinformé

Last updated: February 4, 2026

The Skinformé mobile message service (the "Service") is operated by Skinformé (“Skinformé”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Skinformé’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Skinformé through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Skinformé. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Skinformé or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Skinformé mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Skinformé or email cam@skinforme.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.