Terms of service

OVERVIEW

Welcome to Dose of Derm.

The terms “we,” “us” and “our” refer to Dose of Derm. Dose of Derm operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

Dose of Derm is based in Arizona, United States, and our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully, as they include important information about your legal rights and cover areas including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and have given your consent to allow any minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information.

You represent and warrant that all information you provide through the Services is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions and representations of our products through our online store.

However, colours, shades, finishes and product appearance may differ from how they appear on your screen due to factors including your device, display settings, lighting and individual skin tone.

Images, shade representations and other visual content displayed on the Services are intended to assist with product selection but may not perfectly represent how a cosmetic product will appear on every individual.

We do not warrant that the appearance or quality of any products purchased by you will be identical to how they are depicted or rendered through the Services.

All product descriptions, formulations, packaging, availability and other product information are subject to change at any time without notice, subject to applicable law.

We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from Dose of Derm.

Dose of Derm reserves the right to accept or decline an order for any lawful reason at our discretion.

Your order is not accepted until we confirm acceptance. We must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or amendment requests after an order has entered processing.

If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Purchases are subject to our Return & Refund Policy.

You represent and warrant that purchases made through the Services are for your own personal or household use and not for unauthorised commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product will be the price in effect when the order is placed and will be set out in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping or handling charges.

Prices offered through our online store may differ from prices offered through physical retailers or other third-party sales channels.

We may offer promotions from time to time that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms applicable to a promotion and these Terms, the promotion-specific terms will govern with respect to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, where necessary so that we can complete transactions and contact you as needed.

You represent and warrant that payment information you provide is true, correct and complete, that you are authorised to use the applicable payment method, and that charges incurred by you will be honoured by your payment provider.

SECTION 5 – SHIPPING AND DELIVERY

We will make reasonable efforts to process and deliver orders within the estimated timeframes communicated through the Services.

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, severe weather, service interruptions, incorrect delivery information provided by the customer or other events outside our reasonable control.

Shipping, delivery, lost-package and related issues may also be subject to our Shipping Policy and Return & Refund Policy.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including trademarks, brand names, logos, product names, text, displays, images, photographs, graphics, product reviews, videos, audio, website design and the selection and arrangement thereof, are owned by Dose of Derm, its affiliates or licensors, as applicable, and are protected by applicable United States and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except where otherwise permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property belonging to Dose of Derm, Shopify or any third party.

Dose of Derm's names, logos, product and service names, designs and slogans are trademarks or intellectual property of Dose of Derm or its applicable affiliates or licensors.

You must not use such trademarks without prior written permission.

Shopify's names, logos, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services which we do not monitor and over which we may have limited or no control.

You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.

To the extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the applicable third-party provider.

We may also offer new features, tools or resources through the Services in the future. Such features shall also form part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites or platforms provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own discretion.

To the extent permitted by applicable law, we are not responsible for harm or damages relating to your access to third-party websites or your purchase or use of products, services, resources or content offered by third parties.

Please review the applicable third party's policies and practices before engaging in a transaction with them.

Complaints, claims, concerns or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Dose of Derm is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with Dose of Derm.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Dose of Derm, including any injury, damage or loss resulting from purchased products and services.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions with Dose of Derm.

SECTION 10 – PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be processed by Shopify and subject to Shopify's applicable privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including providers located in countries other than where you reside, in order to provide the Services.

Please review our Privacy Policy for additional information about how Dose of Derm, Shopify and our service providers process personal information.

SECTION 11 – FEEDBACK AND USER CONTENT

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, photographs, testimonials, proposals or other content (collectively, “Feedback”), you grant us a worldwide, non-exclusive, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback to the extent permitted by applicable law.

This may include using Feedback to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that:

you own or have the necessary rights to the Feedback you submit;
you have disclosed any compensation or incentives received in connection with your Feedback where required; and
your Feedback complies with these Terms and applicable law.

We may monitor, edit or remove Feedback that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene, infringes another person's rights or otherwise violates these Terms.

Your Feedback must not violate the rights of another person, including copyright, trademark, privacy, publicity or other personal or proprietary rights.

You must not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, shade information, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders where information is materially inaccurate, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

for an unlawful or malicious purpose;
to violate applicable federal, state or local laws or regulations;
to infringe our intellectual property rights or those of others;
to harass, abuse, threaten, defame or harm another person;
to transmit knowingly false or misleading information;
to transmit malicious software, viruses or harmful code;
to send unsolicited advertising, spam or similar solicitations;
to impersonate another person or entity;
to improperly collect or track personal information belonging to others;
to interfere with the security or operation of the Services; or
to reproduce, scrape, extract, sell or commercially exploit the Services or their content without authorisation.

We reserve the right to suspend, disable or terminate access to the Services if we reasonably determine that you have violated these Terms.

SECTION 14 – AGENTS

This section applies if you use, allow or enable an autonomous or semi-autonomous software agent (“Agent”) to access or interact with the Services.

Agents must identify themselves appropriately and must not conceal or misrepresent automated access, mimic human behaviour for the purpose of circumventing restrictions, circumvent CAPTCHAs or other measures designed to distinguish automated from human access, or bypass measures intended to block, limit or control automated access.

We may use technical measures to limit whether and how Agents access or interact with the Services.

SECTION 15 – TERMINATION

We may terminate or suspend your access to the Services, or any part thereof, where permitted by applicable law, including where we reasonably determine that you have violated these Terms.

You will remain responsible for amounts properly due up to and including the date of termination.

Provisions which by their nature should survive termination will continue to apply following termination, including provisions relating to intellectual property, Feedback, disclaimers, limitation of liability, indemnification, governing law and privacy.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented on or through the Services is provided for general informational purposes.

We do not warrant the accuracy, completeness or usefulness of information except as required by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY DOSE OF DERM, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Nothing in these Terms excludes or limits any warranty, right or remedy that cannot lawfully be excluded or limited.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOSE OF DERM AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR SIMILAR DAMAGES.

THE FOREGOING LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, IN WHICH CASE THOSE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Dose of Derm, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or third-party claims, including reasonable attorneys' fees, arising from:

your material breach of these Terms or documents incorporated by reference;
your violation of applicable law or the rights of a third party; or
your unlawful or unauthorised access to or use of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted through the Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications and proposals relating to that subject matter.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the applicable laws of the State of Arizona and the United States, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Subject to applicable law, disputes relating to these Terms or the Services shall be brought before the appropriate state or federal courts located in Arizona.

Nothing in this section is intended to deprive a consumer of protections that cannot lawfully be waived under applicable law.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change or replace portions of these Terms by posting updates to our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services following the effective date of revised Terms constitutes acceptance of those changes to the extent permitted by applicable law.