Terms & Conditions
Last Updated: 28 April 2023
About the Website
Welcome to www.deepigmentandskinclinic.com.au (Website). The Website is operated by Dee-Pigment & Skin Clinic Pty Ltd, trading as Dee-Pigment & Skin Clinic, ACN 665 042 802 ("Dee-Pigment & Skin Clinic", "we", "us", or "our"). The Website details the services that Dee-Pigment & Skin Clinic Pty Ltd offers (Services). Access to and use of the Website, or any of its associated Products or Services, is provided by Dee-Pigment & Skin Clinic Pty Ltd. Please read these Terms and Conditions (Terms) carefully.
Acceptance of the Terms
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
Amendments to the Terms
Dee-Pigment & Skin Clinic Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Dee-Pigment & Skin Clinic Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms and Dee-Pigment & Skin Clinic Pty Ltd will update the date following "Last Updated:" towards the beginning of the Terms as well as the date following “last updated on” at the bottom of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
We take reasonable precautions to protect your personal information from unauthorised access, use, or disclosure. However, no method of transmission over the internet or electronic storage is entirely secure. While we strive to protect your personal information, we cannot guarantee its absolute security.
(a) Where the option is given to you, you may make payment for the Services (Services Fee) by way of:
(i) Credit Card Payment (Credit Card)
(b) You agree and acknowledge that Dee-Pigment & Skin Clinic Pty Ltd can vary the Services Fee at any time.
All content, including but not limited to text, images, graphics, logos, and software, on the Website is the property of Dee-Pigment & Skin Clinic or its content suppliers and is protected by Australian and international copyright laws. Unauthorised use of this content is prohibited.
Retention of your personal information
Limitation of liability
(a) Dee-Pigment & Skin Clinic Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Dee-Pigment & Skin Clinic Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You may use the Website for lawful purposes only. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
Your personal information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
(a) You agree to indemnify Dee-Pigment & Skin Clinic Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
Venue and jurisdiction
The Services offered by Dee-Pigment & Skin Clinic Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Dee-Pigment & Skin Clinic Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Dee-Pigment & Skin Clinic Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Dee-Pigment & Skin Clinic Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Dee-Pigment & Skin Clinic Pty Ltd; and
(iv) the Services or operation in respect to links which are provided for your convenience.
These Terms and Conditions are effective as of 28 April 2023 and were last updated on 28 April 2023.