Terms of service

TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITES. CLAUSES 1 TO 11 AND 23 TO 28 ARE OF GENERAL APPLICATION. THE PROVISIONS OF CLAUSES 12 TO 22 ARE ONLY RELEVANT TO THE PURCHASE OF PRODUCTS THROUGH OUR SITES.

1. INTRODUCTION

These Terms of Service apply to your use of the website at https://www.medik8.com.au including the mobile version of the website (the "Sites") and the purchase of products from Medik8 Pty Ltd (ACN 693 381 163) ("Medik8", "we", "us"). You must be at least 18 years of age to use our Sites. These Terms do not exclude, restrict, or modify any guarantee or right you may have under the Australian Consumer Law (ACL), pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth), which cannot be lawfully excluded.

The Sites are intended exclusively for users in Australia and New Zealand ("Territory"). We do not guarantee that the Site is appropriate for use in other jurisdictions, and it is your responsibility to comply with local laws.

2. ACCEPTANCE OF THESE TERMS OF SERVICE

By accessing or using the Sites, you accept these Terms of Service. If you disagree with any part of these Terms, you must cease using the Sites. You are required to give express agreement to these Terms when registering an account or placing an order.

3. USE BY YOU OF MATERIAL ON OUR SITES

You acknowledge that all legal rights, title, interest and intellectual property rights in the Sites are owned by us and our licensors, and nothing in these Terms of Services constitutes a transfer or assignment of intellectual property rights by us. The Medik8® mark and all related product names, logos, and trade dress are protected under Australian and international trademark and copyright laws. You are granted a limited, non-transferable, non-sublicensable, revocable licence to access and use the Sites for personal, non-commercial use only and in accordance with these Terms.

4. ACCEPTABLE USE OF OUR SITES

You must use the Sites only for lawful purposes. You shall not use the Sites to breach any regulation, transmit malicious software, or conduct unauthorized data collection or "scraping."

We reserve our right to suspend or terminate your access to the Sites if you breach your acceptable use obligations.

5. INTERACTIVE SERVICES

Subject to your rights under the Australian Consumer Law (ACL), we provide interactive services (such as reviews) for your convenience. While we may moderate these services, we are under no legal obligation to oversee or monitor them. We exclude liability for any loss or damage arising from the use of interactive services by a user in contravention of our content standards, except to the extent any liability cannot be excluded under the ACL or where the liability was caused by our negligence.

6. REGISTRATION AND ACCOUNTS

You are responsible for all activity occurring under your account. You must notify us immediately of any unauthorized use or security breach. Personal information provided during registration is governed by our Privacy Policy.

7. USER LOGIN DETAILS

You must keep your account password confidential. You are liable for any losses arising from a failure to secure your login details. You warrant that all information provided during registration is true, accurate, and complete.

8. CANCELLATION, SUSPENSION AND EDITING OF ACCOUNT

We reserve the right to suspend or cancel your account if you breach these Terms, on reasonable notice (or, where the breach is material or there is a serious risk to other users, the Sites or our systems, immediately). You may cancel your account at any time by written request.

9. YOUR CONTENT

You grant Medik8 a worldwide, non-exclusive, royalty-free licence to use, reproduce, adapt, and distribute any content (reviews, photos, etc.) you submit to the Sites. This licence is revocable by you at any time by requesting in writing that your content be removed. You waive all moral rights in your content to the maximum extent permitted by law.

10. CONTENT STANDARDS

Your content must be accurate, genuinely held, and compliant with Australian law. It must not be obscene, defamatory, or infringing on any third-party intellectual property. You indemnify us for any loss or damage resulting from your breach of these content standards.

11. REPORT ABUSE

If you learn of any material on our Sites that breaches these Terms or is otherwise unlawful, please notify us via our "Contact Us" page.

12. PRODUCTS AVAILABLE FOR PURCHASE

We reserve the right to modify or discontinue products without notice. Product images are for illustrative purposes; we cannot guarantee that your device's display of colours accurately reflects the product.

13. ORDER PROCESS - PRODUCTS

A contract is formed only when we send an email confirming acceptance of your order. If we are unable to accept an order (e.g., stock unavailability or pricing error), we will notify you and provide a full refund within a reasonable timeframe.

14. PRICES

Prices are in AUD plus any applicable taxes, including GST. We reserve the right to correct obvious and unmistakable pricing errors. If an error is identified after your order, you will have the option to reconfirm at the correct price or cancel for a full refund.

15. PAYMENTS

You must pay the product full price and delivery charges at the time of order. Delivery costs are added automatically to your order. See our Shipping Policy for details of our delivery options and costs. Unjustified charge-backs will result in liability for an administration fee of AUD$50.00 and all reasonable recovery costs.

16. DELIVERY, TITLE AND RISK

Risk in the products passes to you upon delivery to the address provided. Title passes only upon receipt of payment in full.

17. CONSUMER GUARANTEES

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law or, for New Zealand customers, under the Consumer Guarantees Act 1993 (NZ). In the case of a major failure, you are entitled to your choice of a refund or replacement. In the case of a minor failure, we will, at our option, repair or replace the goods within a reasonable time. Change of mind does not entitle you to a legal refund, though you may be eligible under our 30-day policy.

18. EASY 30 DAY RETURNS POLICY

We offer a return policy for eligible products purchased directly from our Site if you change your mind within 30 days of delivery. Please see our Refund Policy for details. The provisions of our Refund Policy may be amended from time to time. However, any such amendments will not affect contracts between you and us that are already in existence.

19. E-GIFT CARDS

E-Gift Cards are valid for 3 years from the date of purchase. They cannot be exchanged for cash or refunded for change of mind once the order has been processed. We are not responsible for lost or stolen gift card codes.

20. ORDER CANCELLATION (FORCE MAJEURE)

We are not liable for any failure to perform our obligations due to events beyond our reasonable control. In such cases, we may cancel the contract and will provide a refund of any sums paid within 14 days of cancellation.

21. PRODUCT USAGE AND SAFETY

We warrant that products will be of acceptable quality and fit for purpose. You must read all packaging labels and instructions, including the full ingredients list, before use. You must perform a patch test on a small area of skin before full application. SPF products must be used strictly according to the TGA-approved instructions on the label (including quantity and reapplication frequency).

22. LIMITATIONS OF LIABILITY

Subject to your rights under the Australian Consumer Law (ACL) and the warranties expressly set out in these Terms, the products and the Sites are provided without any additional representations or warranties. To the extent permitted by law, we exclude all other warranties and representations unless these Terms state otherwise. Except for liability for reasonably foreseeable loss or damage that cannot be excluded under the ACL, we are not liable for any indirect or consequential loss or damage.

23. YOUR WARRANTIES AND REPRESENTATIONS

You warrant that you have the authority to enter this contract, all information provided to us is true and non-misleading and you will comply with any applicable laws, standard or regulations in respect of your access to or use of the Sites.

24. RELIANCE ON INFORMATION ON OUR SITES

You acknowledge and agree that the Site content is for general information and may include material from many different sources and does not constitute medical advice. We make no representation and do not warrant that the information provided on the Site is complete, accurate or current. You must take reasonable steps to verify any information on the Sites, including obtaining professional advice before taking action based on Site content.

25. CONSUMER GUARANTEES AND YOUR LEGAL RIGHTS

Your purchase comes with automatic legal protections under the Australian Consumer Law (ACL) that cannot be excluded or limited by us. Any additional warranties we provide (such as our 30-day return policy) apply on top of these legal rights. They do not replace or change the statutory protections you are entitled to by law. In any situation where a product is faulty or unsafe, your rights under the ACL will always take priority.

26. LAW AND JURISDICTION

These Terms are governed by the laws of South Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia.

27. DISCLAIMER

The Sites are intended for use in Australia and New Zealand. Product information is provided for general information purposes only and does not constitute medical advice. Subject to your rights under the Australian Consumer Law and the Consumer Guarantees Act 1993 (NZ), we give no guarantee and make no representation regarding the completeness, accuracy, reliability, or suitability of the information.

To the extent permitted by law, including the ACL, the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ), Medik8 is not liable for any loss or damage arising from the use of the Sites or products, or reliance on the information provided. Users are responsible for verifying any information before acting or relying upon it.

Furthermore, your use of the Sites is also subject to the Medical Disclaimer.

28. OUR DETAILS

This Site is owned and operated by Medik8 Pty Ltd. Registered office: Level 7, 19 Gouger Street, Adelaide, SA 5000. ACN 693 381 163.

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