TERMS OF WEBSITE USE

This page (together with the documents referred to on it) lays out the terms of use on which you may make use of the websites at:

www.dermalinstitute.com
www.dermalogica.com
www.dermalinstitute.com.au
www.dermalogica.com.au
(the “Sites”)

whether as a guest or a registered user. Please read these terms of use carefully before you start to use any of the Sites. By using any of the Sites, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using any of the Sites.

  • 1. INFORMATION ABOUT US

    www.dermalogica.com, www.dermalinstitute.com, www.dermalogica.com.au and www.dermalinstitute.com.au are Sites operated by Dermalogica Inc (“Dermalogica”) whose principal place of business is at 1535 Beachey Place, Carson, CA 90746, USA. Dermalogica is the parent company of Dermalogica Pty Limited, which is registered in Australia under ABN 46067065105 and has its registered office at 111 Chandos Street, Crows Nest, NSW 2065.

  • 2. ACCESSING THE SITES

    Access to the Sites is permitted on a temporary basis and Dermalogica reserves the right to withdraw or amend the services it provides on the Sites without notice (see below). Dermalogica will not be liable if for any reason the Sites are unavailable at any time or for any period. From time to time, Dermalogica may restrict access to the entire Sites or to some parts of them, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Dermalogica’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Dermalogica has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in Dermalogica’s opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of these terms, and that they comply with them.

  • 3. INTELLECTUAL PROPERTY RIGHTS

    Dermalogica is the owner or the licensee of all intellectual property rights in the Sites, and in the material published on them. Those works are protected by copyright and other laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Sites for your personal reference and you may draw the attention of others within your organization to material posted on the Sites. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Dermalogica’s status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged. You must not use any part of the materials on the Sites for commercial purposes without obtaining a license to do so from us or its licensors. If you print off, copy or download any part of the Sites in breach of these terms of use, your right to use the Sites will cease immediately and you must, at Dermalogica’s option, return or destroy any copies of the materials you have made.

  • 4. RELIANCE ON INFORMATION

    Posted Commentary and other materials posted on the Sites are not intended to amount to advice on which reliance should be placed. Dermalogica therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Sites, or by anyone who may be informed of any of its contents.

  • 5. THE SITES CHANGE REGULARLY

    Dermalogica aims to update the Sites regularly, and may change the content at any time. If the need arises, Dermalogica may suspend access to the Sites, or close it indefinitely. Any of the material on the Sites may be out of date at any given time, and Dermalogica is under no obligation to update such material.

  • 6. OUR LIABILITY

    The material displayed on the Sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Dermalogica, other members of Dermalogica’s group of companies and third parties connected to Dermalogica hereby expressly exclude:
    6.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
    6.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Sites or in connection with the use, inability to use, or results of the use of the Sites, any website linked to them and any materials posted on them, including, without limitation any liability for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    This does not affect Dermalogica’s liability for death or personal injury arising from its negligence, or its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

  • 7. YOUR OBLIGATIONS

    You must ensure that your access to the Sites is not illegal or prohibited by laws which apply to you.
    You must take your own precautions to ensure that the process which you employ for accessing the Sites does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Dermalogica does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Sites or any linked website.
    You must not misuse Dermalogica’s system or the Sites. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of the Sites. Furthermore, you must not undertake any activity which will place an unreasonable burden on Dermalogica’s systems. You agree to indemnify Dermalogica and its respective officers, employees and agents against all actions, claims and demands which may be instituted against Dermalogica arising out of your failure to comply with these terms of use.

  • 8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

    Dermalogica processes information about you in accordance with its Privacy Policy. By using the Sites, you consent to such processing and you warrant that all data provided by you is accurate.

  • 9. TRANSACTIONS CONCLUDED THROUGH THE SITES

    Contracts for the supply of educational classes or products formed through the Sites or as a result of visits made by you are governed by Dermalogica’s Terms and Conditions of Online Trading.

  • 10. LINKING TO THE SITES

    You may link to Dermalogica’s home page, provided you do so in a way that is fair and legal and does not damage Dermalogica’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Dermalogica’s part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other Sites, nor may you create a link to any part of the Sites other than the home page. Dermalogica reserves the right to withdraw linking permission without notice. If you wish to make any use of material on the Sites other than that set out above, please address your request to enquiry@dermalogica.com.au.

  • 11. LINKS FROM THE SITES

    Where the Sites contain links to other Sites and resources provided by third parties, these links are provided for your information only. Dermalogica has no control over the contents of those Sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

  • 12. SECURITY OF INFORMATION

    Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Dermalogica strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit. Accordingly, any information which you transmit to Dermalogica is at your own risk.

  • 13. JURISDICTION AND APPLICABLE LAW

    The courts of New South Wales, Australia, will have non-exclusive jurisdiction over any claim arriving from, or related to, a visit to the Sites, and Dermalogica retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by and interpreted in accordance with the laws of New South Wales, Australia.

  • 14. VARIATIONS

    Dermalogica may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Dermalogica has made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Sites.