Legal

The material and information presented on this web site is intended to educate. For more updates on skincare visit my IG page @drdavinlim or 101.skin. Use of this web site is not meant to serve as a substitute for a real time consultation. If you do have a history of challenging skin conditions, please consult a medical dermatologist for management. I do not give advice online (apart from third party sites like IMCAS & Real self however these are for complex procedural cases).

Great skincare products can make a difference, but it can not cure all skin related problems.

Note that running this website is NOT my occupation, I am not involved in upkeep, nor the administrative runnings of this site. My role is to provide updates in the Blog section and educational material only, as well as guidance as to suitable products based clinically. I am not responsible for the physiological effects of skincare products on your skin. You enter this site as a consumer & as a patient. The exception is my personal prescription of skincare post procedure as I understand your skin, based upon a real time examination & associated procedures I have performed.


Copyright

All web site design, content, text, graphics, logos, icons, images and the selection and arrangement thereof is Copyright ©2021 Dr Davin Lim. ALL RIGHTS RESERVED. The modification, distribution, republishing, transmission, display or performance of any materials without our prior written permission is strictly prohibited & seriously uncool. If you want some photos, just ask.


Overview

This website is operated by Davin Lim(content and updates, majority of blog articles) & the IT support team. I have written most of the content on this site. This portal is not designed as a hard sell for products, nor is it a portal for diagnosis, management nor prescription of cosmeceutical. It simply represents Davin’ personal viewpoint on suitable products for consumers & or his patients.

By visiting this site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

This store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you with a secure transaction for both parties.


Service and price changes

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We also reserve the right to refuse service to anyone, for any reason.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


INTELLECTUAL PROPERTY RIGHTS

In this document:

  • Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Sites, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and

  • Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.

The Sites, Content and all Intellectual Property Rights comprised in the Sites and Content are owned by The Formulated Skincare Pty Ltd, or in some cases, our affiliates, partners or licensors. The Intellectual Property Rights may be protected by Australian and international laws.

You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Sites, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).

Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Sites or Content is prohibited. Without limiting the foregoing, you are permitted to make 1 copy of the Content for your personal use.

The Formulated Skincare Pty Ltd makes no representations or warranties about whether your use of the Sites or Content will, or will not, infringe any Intellectual Property Rights, including those of The Formulated Skincare Pty Ltd or any third party.


LIMITED LICENCE

We grant you a limited, revocable, and non-exclusive licence to access the Sites for your personal use. This limited licence does not permit, and you are, therefore, restricted from:

  • framing or utilising framing techniques to enclose the whole or any part of the Sites;

  • publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Sites or Content (except caching or as necessary to view the Sites);

  • making any use of the Sites or Content other than for personal use;

  • modifying, reverse engineering or creating any derivative works based upon the Sites or Content;

  • collecting account information for the benefit of yourself or another party;

  • using any meta tags or any other "hidden text" utilizing any Content; or

  • using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.

You must retain, without modification, all proprietary notices on the Sites or affixed to or contained in the Sites. Any powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.

Any unauthorized use by you of the Sites or Content automatically terminates the limited licence set forth in this section without prejudice to any other right or remedy available to The Formulated Skincare Pty Ltd under applicable laws or the Terms.


REPRESENTATIONS AND WARRANTIES

We attempt to provide accurate information on the Sites. However, the information contained on the Sites is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:

  • we do not warrant that information contained on the Sites or in the Content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;

  • The Formulated Skincare Pty Ltd takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Sites or in the Content; and

  • the Sites are presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Sites, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.

The Formulated Skincare Pty Ltd does not promise that any part of the Sites or Content is error-free or that the Sites, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.

Nothing in the Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified Subject to the preceding sentence, and to the fullest extent permitted by applicable law, our liability under the Terms will be limited, at our option:

  • in the case of services, to (a)re-supplying those services; or (b) paying the cost of having the services re-supplied; and

  • in the case of goods, to (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or of acquiring equivalent goods; or (d) paying the cost of having the goods repaired.


Accuracy of billing and account info

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


Accuracy, completeness and timelines of infomation

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The PI or product information has been obtained from the manufacturer of products.

It is your responsibility to check the accuracy of these ingredients prior to application, acknowledging that in some cases you may have an allergic reaction to one or more ingredients. If in doubt DO NOT proceed with the transaction. Cases of allergic contact dermatitis, either type 1 (big trouble) or type 4 (delayed trouble) should be managed by a specialist dermatologist or allergist.


Comments, user feedback

We may edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material. Feedback on products should be constructive, it can be subjective ( as cosmetic elegance is a subjective opinion). Feedback shall not be directed at me, however justifiably can be reflected upon the product itself.


Reviews

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

We reserve the right to not publish a review if it does not comply with our guidelines. Reviews may be excluded if they include any of the following content:

  • Inappropriate language; profanities, discriminatory language, critical comments about other reviewers or unlawful comments.
  • Advertisements, spam or marketing communications.
  • Mentions of any other companies or websites, email addresses or personally identifiable information.
  • Discussion of medical conditions or claims of medical effectiveness.
  • Feedback on delivery, pricing, availability or customer service. If you believe a product you've purchased is faulty, please email us. We are not responsible for the delays caused by shipping services including Australia Post, however it is our duty to work with you if there are delays in shipping or lost items.

You grant this site the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to any treatment of such content.


Personal Infomation 

Your submission of personal information through the store is governed by our Privacy Policy. To view how we handle your private information, please refer to our Terms & Conditions page.


Competitions

By entering the competition entrants will be deemed to have read and understood these Terms of Service and be bound by them.  All of our decisions will be final and binding and no correspondence will be entered into. Competitions are open to residents of Australia. All entries must be received by the closing date specified in the competition.  Answers will be entered upon submission.  No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.


Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the laws of Queensland. This website may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.


USE OF INFORMATION

If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Sites, you:

  • agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;

  • consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and

  • agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.

You agree that you will not upload or otherwise provide any User Content that:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;

  • infringes the intellectual or other proprietary interests of third parties;

  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Sites or otherwise breaches or encourages other users to breach the Terms;

  • violates any law, statute or regulation;

  • forges information to disguise the origin of any User Content; or

  • encourages or incites any other person to engage in any of the above behaviour.


THIRD PARTY SITES

We may include hyperlinks on the Sites to other websites, platforms or resources operated by third parties (Third Party Sites). The Formulated Skincare Pty Ltd is not responsible for the content or accuracy of any Third Party Sites linked to or from the Sites, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

You should make your own reasonable enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Formulated Skincare Pty Ltd.


BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Sites. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.


RELATIONSHIP

No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.


FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.


OFFERS

All terms of an offer must be met.

Offers are valid only for the period specified and will end at 11:59am AET on the end date, unless stated otherwise in the offer terms. Orders placed on days with free shipping offers are not eligible for our 2pm same day dispatch guarantee.

Items on sale during THE FORMULATED pre-sale offer will be subject to an order quantity limit per customer, per order, which we may determine or amend (in our absolute discretion) at any time.

Please note offer periods are subject to product availability and will terminate early if stocks run out.

We reserve the right to vary, withdraw or cancel offers for any reason at any time.


NO WAIVER

Any failure to enforce any of our rights does not constitute a waiver of those rights.


Changes to privacy policy

If they are any changes to our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently.  However, we will not make material changes to the way we use your personal information without your consent.