TERMS OF USE

Effective Date: 15.6.2026

1. ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) govern your access to and use of the website located at zoskinhealth.com.au (the “Website”), including any content, functionality, products, and services offered on or through the Website.

The Website is operated by ZO Medical Skin Health Pty Ltd (ACN 125 671 490) ("ZO Skin Health", "we", "us", or "our"). References to "you" or "your" mean any individual who accesses or uses the Website.

By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. These Terms constitute a legally binding agreement between you and ZO Skin Health, formed in accordance with the Electronic Transactions Act 1999 (Cth) and equivalent state and territory legislation.

If you do not agree to these Terms, or if you do not meet the eligibility requirements set out in Section 3, you must immediately cease all use of the Website and must not place any Orders or create an Account.

These Terms should be read together with our Privacy Notice (Section 18) and any other policies or supplementary terms referenced herein. In the event of any inconsistency, these Terms prevail unless the supplementary policy expressly states otherwise.

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement. Where any provision of these Terms conflicts with any such statutory right or remedy, the statutory right or remedy prevails to the extent of the conflict.

2. DEFINITIONS AND INTERPRETATION

In these Terms, unless the context otherwise requires, the following capitalised terms have the meanings set out below:

Defined Term	Meaning
Account	a registered user account created on the Website in accordance with Section 4.
Australian Consumer Law or ACL	Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.
Business Day	a day that is not a Saturday, Sunday, or public holiday in New South Wales, Australia.
Electronic Transactions Act	the Electronic Transactions Act 1999 (Cth), as amended or replaced from time to time, and includes equivalent state and territory legislation.
GST	goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights	all intellectual property rights worldwide, whether registered or unregistered, including patents, copyright, trade marks, service marks, design rights, trade secrets, know-how, database rights, rights in domain names, and all applications for and renewals or extensions of any of the foregoing.
Order	a request submitted by you through the Website to purchase one or more Products, which constitutes your offer to buy those Products in accordance with these Terms.
Order Confirmation	the email sent by ZO Skin Health to you confirming acceptance of your Order and the formation of a binding contract for the supply of the relevant Products.
Personal Information	has the meaning given to that term in the Privacy Act 1988 (Cth).
Privacy Notice	the privacy notice published by ZO Skin Health on the Website, as updated from time to time.
Products	the skincare products and any related goods offered for sale on the Website.
Terms	these Terms of Use, as amended from time to time in accordance with Section 20.
Third-Party Payment Processor	any third-party service provider engaged by ZO Skin Health to process payments made through the Website, as identified on the Website from time to time.
Website	the website operated by ZO Skin Health at the domain zoskinhealth.com.au, including all subdomains, web pages, and associated mobile-optimised versions.
ZO Skin Health, we, us, our	ZO Medical Skin Health Pty Ltd (ACN 125 671 490).
you, your	the individual accessing or using the Website.

3. ELIGIBILITY

You must be at least 18 years of age to access or use the Website, create an Account, or place an Order for Products. If you are under 18 years of age, you must not use the Website or attempt to purchase any Products.

By accessing or using the Website, you represent and warrant to ZO Skin Health that:

you are at least 18 years of age;
you have the legal capacity to enter into a binding agreement on the terms set out in these Terms;
you are not prohibited by any applicable law, regulation, or court order from entering into these Terms or using the Website; and
all information you provide to us in connection with your use of the Website (including, where applicable, during Account registration or the Order process) is accurate, complete, and current.

We reserve the right to request proof of age or identity at any time. If we reasonably believe that you do not meet the eligibility requirements set out in this Section 3, we may suspend or terminate your access to the Website and cancel any pending Orders in accordance with Section 21.

4. ACCOUNT REGISTRATION AND SECURITY

You may be required to create an Account to access certain features of the Website or to place Orders for Products. Account registration is free of charge. When creating an Account, you must provide information that is accurate, complete, and current. You must promptly update your Account information if it changes so that it remains accurate, complete, and current at all times. You acknowledge that ZO Skin Health may rely on the information you provide in connection with your Account. You are responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You must not disclose your Account credentials to any third party.

You are responsible for all activities that occur under your Account, whether or not you have authorised those activities, except to the extent such activities result from a failure by ZO Skin Health to maintain reasonable security measures or from ZO Skin Health's negligence. Without limiting the foregoing, you accept responsibility for all Orders placed, communications sent, and information submitted through your Account.

You must notify ZO Skin Health immediately if you become aware of, or reasonably suspect, any of the following:

unauthorised access to or use of your Account;
any breach of security affecting your Account, including the compromise of your password; or
any other event that may compromise the integrity or confidentiality of your Account.

Notification does not relieve you of liability for activities that occurred under your Account before ZO Skin Health received your notification and had a reasonable opportunity to act on it.

ZO Skin Health reserves the right, at any time and without prior notice, to:

suspend or disable your Account if we reasonably believe that your Account has been compromised, that you have breached these Terms, or that continued access poses a risk to the security or integrity of the Website;
require you to change your password or take other steps to re-secure your Account; or
refuse to register, or cancel, any Account that we reasonably consider to have been created using false, misleading, or fraudulent information.

You may only hold one Account at any time unless ZO Skin Health provides prior written consent for you to hold additional Accounts. You must not create an Account on behalf of another person without that person's express authorisation.

You may close your Account at any time by contacting us using the details set out in Section 25 (Contact Us). Closure of your Account does not affect any rights or obligations that accrued before the date of closure, including any outstanding Orders or payment obligations.

5. PRODUCTS AND PRODUCT INFORMATION

Product descriptions, images, specifications, and other information displayed on the Website (collectively, "Product Information") are provided for general informational purposes only. Product Information is intended to give you a reasonable understanding of the Products available for purchase but does not constitute professional medical or dermatological advice.

We endeavour to ensure that Product Information is accurate and up to date. However, to the extent permitted by law, we do not warrant that Product Information is complete, current, or free from error. Minor variations may exist between the actual appearance, colour, packaging, or formulation of a Product and its depiction or description on the Website. Such variations do not, of themselves, constitute a failure of the Product to match its description for the purposes of the Australian Consumer Law.

Product listings displayed on the Website constitute invitations to treat only and do not constitute binding offers by ZO Skin Health. A binding contract arises only in accordance with Section 6.

We reserve the right to modify, update, or remove Product Information at any time without prior notice, including (without limitation) to reflect changes in product formulation, packaging, availability, or regulatory requirements.

Where a Product is described as suitable for a particular skin type, condition, or purpose, that description reflects general guidance provided by the manufacturer or supplier. It is not a substitute for personalised advice from a qualified healthcare professional. You should consult a medical practitioner or dermatologist before using any Product if you have concerns about its suitability for your individual circumstances.

6. ORDERS AND CONTRACT FORMATION

For the avoidance of doubt, product listings, pricing information, and other content displayed on the Website are invitations to treat only and are not binding offers capable of acceptance by you.

When you place an Order through the Website, you are making an offer to purchase the Products specified in that Order on these Terms. By submitting an Order, you confirm that all information provided in connection with the Order is accurate and complete.

The order process operates as follows:

You select Products and add them to your shopping cart.
You proceed to checkout, provide your delivery and payment details, and review your Order.
You submit your Order by clicking the relevant button on the checkout page. Submission of the Order constitutes your offer to purchase the Products.
We will send you an automated order acknowledgment by email confirming receipt of your Order. This acknowledgment does not constitute acceptance of your offer and does not create a binding contract between you and ZO Skin Health.
A binding contract for the purchase of the Products is formed only when we issue an order confirmation email to you (the "Order Confirmation"). The Order Confirmation will identify the Products, the price, and the estimated delivery timeframe.

We reserve the right, at our sole discretion, to refuse, cancel, or limit any Order at any time before dispatch, including (without limitation) in the following circumstances:

a pricing error, typographical error, or other inaccuracy in the product listing or Order;
the relevant Product is out of stock or otherwise unavailable;
we are unable to verify or authorise your payment;
we reasonably suspect fraud, unlawful activity, or misuse of the Website;
the Order appears to be placed by a reseller or for commercial resale purposes without our prior written consent;
we are unable to deliver to the address specified; or
any other reasonable ground.

If we refuse or cancel an Order after payment has been processed, we will notify you promptly and issue a full refund of the amount paid for that Order to the original payment method. Refunds in these circumstances will be processed within a reasonable time, and in any event no later than 14 business days after we notify you of the cancellation.

We may, at our discretion, impose limits on the quantity of any Product that may be purchased per Order or per customer. Where such limits apply, we will use reasonable efforts to indicate them on the relevant product listing page.

7. PRICING AND GST

All prices displayed on the Website are in Australian dollars (AUD) and are inclusive of Goods and Services Tax (GST) as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth), unless otherwise expressly indicated at the point of sale.

Prices for Products are subject to change at any time without prior notice. Any price change will not affect Orders for which we have already issued an order confirmation email in accordance with Section 6.

The price applicable to your Order is the price displayed on the Website at the time you submit your Order.

Despite our reasonable efforts to ensure pricing accuracy, errors may occasionally occur. If we discover a pricing error affecting your Order:

where we have not yet issued an order confirmation email, we will notify you of the correct price and give you the option to proceed at the corrected price or cancel your Order;
where we have issued an order confirmation email but have not yet dispatched the Products, we will notify you of the correct price and give you the option to proceed at the corrected price or cancel your Order for a full refund; and
where the Products have already been dispatched, we will contact you to discuss the error and, where the correct price is higher than the price charged, we will not seek to recover the difference unless required by law.

Promotional pricing, discount codes, and special offers are valid only for the period and on the terms specified at the time of the promotion. ZO Skin Health reserves the right to withdraw or modify any promotion at any time, provided that any Order already confirmed at a promotional price will be honoured at that price.

Prices displayed on the Website do not include shipping and delivery charges, which will be calculated and displayed separately during the checkout process before you submit your Order. Any applicable customs duties, import taxes, or other charges imposed by relevant authorities are the responsibility of the customer and are not included in the displayed price.

8. PAYMENT

We accept the payment methods displayed on the Website at the time of your Order. The available payment methods may include credit cards, debit cards, and other electronic payment options as we may offer from time to time. We reserve the right to modify the accepted payment methods at any time without prior notice.

Full payment for all Products in your Order, including any applicable shipping fees, must be received and cleared before we dispatch any goods. No goods will be shipped until payment has been successfully processed and confirmed.

All payment transactions are processed securely through Stripe (our Third-Party Payment Processor). Your payment card details and financial information are transmitted directly to Stripe and are not stored on our servers. You acknowledge and agree that your use of Stripe is subject to Stripe's own terms of service (https://stripe.com/au/legal/consumer) and privacy policy (https://stripe.com/au/privacy). We do not control, and accept no liability for, the acts or omissions of Stripe, except to the extent that liability cannot be excluded under the Australian Consumer Law.

You represent and warrant that you are authorised to use the payment method you provide when placing an Order. You must not use a payment method belonging to another person without that person's express authorisation.

If your payment is declined, fails, or cannot be processed for any reason:

we will notify you of the failed payment where practicable;
your Order will not be confirmed and no contract for the sale of Products will be formed under Section 6;
we may hold the Order for a reasonable period to allow you to provide an alternative payment method or resolve the issue with your payment provider; and
if payment is not successfully received within a reasonable period, the Order will be cancelled and any reserved stock will be released.

Where a payment is processed but the Order is subsequently cancelled by us in accordance with Section 6 (for example, due to a pricing error, stock unavailability, or suspected fraud), we will refund the amount paid to the original payment method within a reasonable time.

You are responsible for any fees, charges, or currency conversion costs imposed by your bank, card issuer, or payment provider in connection with your payment. We are not liable for any such third-party fees.

We take reasonable steps to ensure that the payment process on the Website is secure. If you suspect any unauthorised transaction or security breach relating to a payment made through the Website, you must contact us immediately using the details set out in Section 25, and you should also contact your bank or payment provider without delay.

9. SHIPPING AND DELIVERY

Shipping terms, available delivery methods, estimated delivery timeframes, and applicable shipping fees are set out on our shipping information page on the Website (as updated from time to time). You should review the shipping information page before placing an Order, as the terms described on that page form part of these Terms to the extent they are not inconsistent with them.

Estimated delivery timeframes are indicative only and do not constitute a guarantee of delivery by a particular date. Delivery timeframes commence from the date of dispatch, not from the date of Order confirmation. We will use reasonable endeavours to dispatch Orders within the timeframes indicated on the Website, but actual delivery times may vary depending on your location, the shipping method selected, and the capacity of the relevant shipping carrier.

You must provide a valid and complete delivery address at the time of placing your Order. We are not responsible for any delay, loss, or non-delivery resulting from an incorrect, incomplete, or insufficient delivery address provided by you. If a Product is returned to us because of an incorrect address you supplied, you may be required to pay additional shipping costs for re-delivery.

Risk of loss of, or damage to, Products passes to you upon delivery. For the purposes of this clause, "delivery" occurs when the Products are delivered to the address specified in your Order, or when the Products are collected by you or your nominated representative (where a collection option is available). Where a Product is left at the delivery address in accordance with your delivery instructions (including any authority to leave), delivery is deemed to have occurred at the time the Product is so left.

Title in the Products passes to you upon the later of: (a) delivery (as defined in clause 9.4); and (b) receipt by us of full payment for the Products and any associated shipping fees.

We are not responsible for delays in shipping or delivery caused by:

the acts or omissions of third-party shipping carriers;
events outside our reasonable control, including (without limitation) natural disasters, severe weather, pandemics, epidemics, government restrictions, customs delays, industrial action, or failures of third-party systems; or
peak trading periods, public holidays, or other periods of high demand that may affect carrier capacity.

Where a delivery is delayed beyond the estimated timeframe by more than 14 days and the delay is not attributable to an event described above, you may contact our customer service team to request a cancellation and full refund for the affected Order. This right is in addition to, and does not limit, any rights you may have under the Australian Consumer Law.

If a Product is damaged or lost in transit, you must notify us as soon as reasonably practicable (and in any event within 7 days of the expected delivery date for lost items, or within 7 days of delivery for damaged items). We will work with the relevant shipping carrier to investigate and, where appropriate, arrange a replacement or refund in accordance with your statutory rights and our Returns and Refunds policy set out in Section 10.

10. RETURNS AND REFUNDS

10.1 Statutory Rights Preserved. The returns and refunds provisions set out in this Section 10 operate in addition to, and do not exclude, restrict, or modify, any rights or remedies you may have under the Australian Consumer Law. Where there is any inconsistency between this voluntary returns policy and your statutory rights, your statutory rights prevail.

10.2 Voluntary Returns Policy. In addition to your statutory rights, we offer a voluntary returns policy on the following terms:

You may return Products within 30 days of the date of delivery, provided the Products are unused, unopened, and in their original packaging with all seals intact.
Products that have been opened, used, damaged by you, or are not in their original packaging are not eligible for return under this voluntary policy. This exclusion does not affect your statutory rights where Products fail to meet a consumer guarantee.
Promotional items, gift sets, and Products marked as non-returnable at the time of purchase are excluded from this voluntary returns policy, except to the extent required by law.

10.3 How to Initiate a Return. To initiate a return under this voluntary policy:

Contact our customer service team by email or telephone using the details set out in Section 25 (Contact Us) and provide your order number, the Product(s) you wish to return, and the reason for the return.
Our customer service team will provide you with a return authorisation number and instructions for returning the Product(s).
You must return the Product(s) within 14 days of receiving the return authorisation number. Products returned without a valid return authorisation number may not be accepted.
Unless the return is due to our error or a defect in the Product, you are responsible for the cost of return shipping. We recommend using a trackable shipping method, as we cannot accept responsibility for Products lost in transit back to us.

10.4 Condition on Receipt. All returned Products are inspected upon receipt. If a Product returned under the voluntary policy does not meet the conditions set out in clause 10.2, we may, at our discretion, decline the return and return the Product to you at your cost. We will notify you if this occurs.

10.5 Refund Processing. Where a return is accepted under this voluntary policy:

Refunds will be processed to the original payment method used at the time of purchase.
We will process the refund within 14 business days of receiving the returned Product(s) at our nominated return address and confirming that the Product(s) meet the conditions in clause 10.2.
Original shipping charges are non-refundable under this voluntary policy unless the return is due to our error or a defect in the Product.
You will receive an email confirmation once the refund has been processed. The time for the refund to appear in your account will depend on your payment provider.

10.6 Exchanges. We do not offer direct exchanges. If you wish to exchange a Product, you must return the original Product in accordance with this Section 10 and place a new Order through the Website.

10.7 Returns Under Statutory Rights. If you believe a Product does not meet a consumer guarantee under the Australian Consumer Law, please contact our customer service team. You are not required to follow the voluntary returns process set out above in order to exercise your statutory rights. For the avoidance of doubt, where a Product fails to meet a consumer guarantee, you may be entitled to a refund, replacement, or other remedy as set out in Section 11 (Consumer Guarantees: Mandatory Notice), and we will bear any reasonable costs associated with returning the Product.

10.8 Damaged or Incorrect Products. If you receive a Product that is damaged during shipping or that does not match your Order, please contact our customer service team within 7 days of delivery. We will arrange for the return of the damaged or incorrect Product at our cost and, at your election, provide a replacement or a full refund (including any shipping charges you paid in connection with the original Order).

11. CONSUMER GUARANTEES: MANDATORY NOTICE

This Section 11 sets out mandatory information regarding consumer guarantees that apply to goods and services supplied by ZO Skin Health. The rights described in this Section 11 are conferred by statute and cannot be excluded, restricted, or modified by agreement.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) which cannot be excluded, restricted, or modified by agreement.

To the extent that any other provision of these Terms is inconsistent with the consumer guarantees described in this Section 11, this Section 11 prevails.

If you believe that goods or services supplied by ZO Skin Health do not comply with a consumer guarantee, you may contact us using the details set out in Section 25 (Contact Us) to discuss the available remedies.

12. INTELLECTUAL PROPERTY

All content on the Website, including text, images, graphics, logos, trademarks, software, source code, designs, and other materials (collectively, "Website Content"), is owned by or licensed to ZO Skin Health and is protected by Australian and international intellectual property laws.

ZO and ZO SKIN HEALTH are registered trademarks of ZO Skin Health or its related entities and licensors together with all related logos, trade dress, and brand identifiers (collectively, the “ZO Marks”). Nothing on the Website grants, by implication, estoppel, or otherwise, any licence or right to use any of the ZO Marks or any third-party marks without the prior written consent of the relevant owner.

Subject to your compliance with these Terms, ZO Skin Health grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and the Website Content solely for your personal, non-commercial purposes. This licence does not include the right to sublicence any rights granted under this clause.

Except as expressly permitted under clause 12.3, you must not, without the prior written consent of ZO Skin Health:

reproduce, copy, duplicate, or download any Website Content other than temporary copies cached by your web browser in the ordinary course of accessing the Website;
distribute, publish, transmit, or make available any Website Content to any third party;
modify, adapt, translate, or create derivative works based on any Website Content;
publicly display, perform, broadcast, or communicate any Website Content to the public;
commercially exploit any Website Content, including by selling, licensing, renting, or otherwise dealing in the Website Content for commercial gain;
remove, alter, or obscure any copyright notice, trademark notice, or other proprietary rights notice contained in or on the Website Content;
frame, mirror, or incorporate any part of the Website into any other website, application, or service without our prior written consent; or
use any data mining, robots, scraping tools, or similar data-gathering or extraction methods on the Website Content.

All Intellectual Property Rights not expressly granted to you under these Terms are reserved by ZO Skin Health and its licensors. Nothing in these Terms transfers or assigns any ownership of Intellectual Property Rights to you.

If you believe any content on the Website infringes your intellectual property rights, please contact us (Section 25) with a description of the right infringed, identification of the allegedly infringing material, your contact details, and a good-faith statement that the use is unauthorised.

ZO Skin Health reserves the right to take any action it considers appropriate in response to any actual or suspected infringement of its Intellectual Property Rights, including seeking injunctive relief and damages.

13. USER CONDUCT

You agree to use the Website only for lawful purposes and in accordance with these Terms. You must 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.

Without limiting the generality of clause 13.1, you must not:

use the Website for any purpose that is unlawful, fraudulent, or prohibited by these Terms or by any applicable law;
interfere with, disrupt, or attempt to disrupt the operation of the Website, its servers, or any networks connected to the Website, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive, malicious, or disruptive nature;
attempt to gain unauthorised access to any part of the Website, other users' Accounts, or any systems or networks connected to the Website, whether through hacking, password mining, or any other means;
use any automated means, including robots, crawlers, scrapers, spiders, or data-mining tools, to access, monitor, copy, or extract data from the Website or its content, except as expressly permitted by these Terms or with our prior written consent;
upload, post, transmit, or otherwise make available any content that is defamatory, obscene, offensive, threatening, abusive, harassing, or that infringes the Intellectual Property Rights or other rights of any third party;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
use the Website to collect, harvest, or store Personal Information of other users without their express consent;
use the Website to transmit, distribute, or facilitate the sending of unsolicited commercial communications, including spam, chain letters, or pyramid schemes;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software forming part of the Website;
remove, alter, or obscure any copyright notice, trademark, or other proprietary rights notice displayed on or within the Website;
use the Website in any manner that could bring ZO Skin Health, its Products, or its trademarks into disrepute; or
assist, encourage, or enable any third party to do any of the acts described in this clause 13.2.

ZO Skin Health reserves the right, at its sole discretion and without prior notice, to take any action it considers appropriate in response to a breach or suspected breach of this clause 13, including:

issuing a warning to you;
temporarily or permanently suspending or terminating your Account and your access to the Website in accordance with clause 21;
removing or disabling any content that you have uploaded or made available through the Website;
reporting the breach to relevant law enforcement authorities or regulatory bodies and cooperating with those authorities, including by disclosing your identity and any relevant information where required or permitted by law; and
commencing legal proceedings against you for reimbursement of all costs and losses (including reasonable legal fees) resulting from the breach.

The rights and remedies set out in clause 13.3 are in addition to, and do not limit, any other rights or remedies available to ZO Skin Health at law or in equity.

You acknowledge that ZO Skin Health does not have an obligation to actively monitor your use of the Website. However, ZO Skin Health reserves the right to monitor, review, and record activity on the Website to the extent permitted by applicable law, including the Privacy Act 1988 (Cth), for the purposes of ensuring compliance with these Terms, protecting the security and integrity of the Website, and meeting any legal or regulatory obligations.

14. THIRD-PARTY LINKS AND CONTENT

The Website may contain links to websites, applications, or services operated by third parties (“Third-Party Sites”). These links are provided for convenience only and do not imply endorsement or affiliation by ZO Skin Health.

ZO Skin Health does not control, and has no responsibility for, the content, accuracy, availability, or practices of any Third-Party Site, and is under no obligation to review such content.

Your use of any Third-Party Site is at your own risk and subject to that site’s terms and privacy policies. ZO Skin Health accepts no liability arising from any transaction between you and the operator of a Third-Party Site.

Any content provided by third parties displayed on the Website (“Third-Party Content”) does not necessarily reflect the views of ZO Skin Health, and we do not guarantee its accuracy, completeness, or reliability.

ZO Skin Health reserves the right to remove or disable any link to a Third-Party Site or any Third-Party Content at any time and without notice, for any reason.

15. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, and subject at all times to Section 11 (Consumer Guarantees: Mandatory Notice), the Website, all content made available on or through the Website, and any Products listed or described on the Website are provided to you on an "as is" and "as available" basis, without warranties or representations of any kind, whether express, implied, or statutory.

Without limiting clause 15.1, and to the maximum extent permitted by applicable law, ZO Skin Health does not warrant or represent that:

the Website will be available on an uninterrupted, timely, secure, or error-free basis;
the Website will be free of viruses, malware, or other harmful components;
any defects or errors in the Website will be corrected within any particular timeframe;
the results obtained from the use of the Website will be accurate, reliable, or complete; or
the content, information, or materials available on the Website are current, complete, or accurate at all times.

To the maximum extent permitted by applicable law, ZO Skin Health expressly disclaims all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent that such warranties cannot be lawfully excluded.

You acknowledge that your use of the Website is at your sole risk and that you are responsible for evaluating the accuracy, completeness, and usefulness of any content, information, or materials available on or through the Website.

IMPORTANT: CONSUMER GUARANTEE CARVE-OUT

Nothing in this Section 15 excludes, restricts, or modifies any consumer guarantees under the Australian Consumer Law that cannot be excluded by agreement. To the extent of any inconsistency between this Section 15 and Section 11, Section 11 prevails.

If any disclaimer in this Section 15 is found to be unenforceable under applicable law, it will be read down to the minimum extent necessary to render it enforceable, or severed in accordance with Section 24.2, and the remaining disclaimers will continue in full force and effect.

16. LIMITATION OF LIABILITY

Subject to Section 16.3 and Section 11 (Consumer Guarantees: Mandatory Notice), to the maximum extent permitted by applicable law, the total aggregate liability of ZO Skin Health (including its officers, directors, employees, and agents) to you for all claims arising out of or in connection with these Terms, your use of the Website, or any Products purchased through the Website, whether in contract, tort (including negligence), statute, or otherwise, is limited to the greater of: (i) the total amount you have paid to ZO Skin Health for Products purchased through the Website in the twelve (12) months immediately preceding the event giving rise to the claim; or (ii) AUD $1,000; and ZO Skin Health is not liable to you for any indirect, incidental, special, consequential, or punitive damages of any kind, including (without limitation) loss of profits, loss of revenue, loss of data, loss of goodwill, loss of business opportunity, or loss of anticipated savings, arising out of or in connection with these Terms, your use of (or inability to use) the Website, or any Products purchased through the Website, regardless of the cause of action or the theory of liability and even if ZO Skin Health has been advised of the possibility of such damages.

Nothing in these Terms excludes, restricts, or modifies, and the limitations set forth above do not apply to: (a) any consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), or any rights or remedies you have under that law that cannot be excluded, restricted, or modified by agreement; (b) any liability for death or personal injury caused by the negligence of ZO Skin Health, its officers, directors, employees, or agents; (c) any liability for fraud or fraudulent misrepresentation by ZO Skin Health; or (d) any other liability that cannot be excluded or limited under applicable law, including the Australian Consumer Law.

Where ZO Skin Health's liability for a breach of a consumer guarantee (other than a guarantee under sections 51, 52, or 53 of the Australian Consumer Law) cannot be excluded but may be limited, ZO Skin Health's liability for such breach is limited, at ZO Skin Health's election, to one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.

Each party must take reasonable steps to mitigate any loss or damage it suffers in connection with these Terms or the use of the Website.

17. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless ZO Skin Health, its officers, directors, employees, contractors, and agents (collectively, the "Indemnified Parties") from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with: (a) your breach of any provision of these Terms; (b) your violation of any applicable law, regulation, or the rights of any third party (including, without limitation, intellectual property rights, privacy rights, or rights of publicity); or (c) any content you submit, post, or transmit through the Website that infringes the rights of a third party.

The indemnification obligation set out in clause 17.1 does not apply to the extent that the relevant claim, loss, damage, liability, cost, or expense arises directly from: (i) the negligence, wilful misconduct, or fraud of any Indemnified Party; (ii) a breach of these Terms by ZO Skin Health; or (iii) any act or omission of an Indemnified Party that gives rise to liability which cannot be excluded or limited under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

This clause 17 does not require you to indemnify any Indemnified Party to the extent that doing so would contravene the Australian Consumer Law or any other applicable law. This clause 17 survives the expiry or termination of these Terms and the closure of your Account.

18. PRIVACY

Your use of the Website is governed by our Privacy Notice, which is available at https://www.zoskinhealth.com.au/privacy-notice.php (the "Privacy Notice"). The Privacy Notice forms part of these Terms and sets out how we collect, hold, use, and disclose your Personal Information in connection with the Website and our Products.

To the extent of any inconsistency between these Terms and the Privacy Notice regarding the handling of your Personal Information, the Privacy Notice prevails.

19. ELECTRONIC TRANSACTIONS

You consent to receiving all communications from ZO Skin Health in electronic form, including order confirmations, receipts, notices, and updates to these Terms. Communications will be sent to the email address associated with your Account or provided at the time of placing an Order. You may withdraw this consent by contacting us (Section 25), although doing so may limit your ability to use the Website.

20. MODIFICATIONS TO TERMS

ZO Skin Health reserves the right to amend, update, or replace these Terms at any time by posting the revised Terms on the Website. Each revised version will display an updated effective date at the top of the document and will be recorded in Schedule 1 (Effective Date and Version History). Non-material changes (such as corrections of typographical errors or formatting updates) take effect immediately upon posting.

Your continued use of the Website after the posting of revised Terms constitutes your acceptance of, and agreement to be bound by, the revised Terms. If you do not agree to the revised Terms, you must cease using the Website immediately.

Where we determine, acting reasonably, that a modification is material (for example, a change that affects your rights or obligations, alters the scope of Products or services available, or modifies the Limitation of Liability or Indemnification provisions), we will use reasonable efforts to notify you by email (if you hold an Account) or by prominent notice on the Website. Material changes will not take effect until at least 30 days after notice is first given, unless an earlier date is required by law or necessary to address a security vulnerability.

No amendment to these Terms will operate to exclude, restrict, or modify any consumer guarantee or other statutory right that cannot be excluded under the Australian Consumer Law. Any revised term found to be unfair within the meaning of sections 23 to 28 of the Australian Consumer Law is void to that extent, and the remaining Terms continue in full force and effect.

21. SUSPENSION AND TERMINATION

21.1 Suspension or Termination by ZO Skin Health. We may suspend or terminate your access to the Website or your Account (or any part thereof) where we reasonably believe that any of the following grounds exist. Unless immediate action is reasonably necessary to address a security threat, suspected fraud, or a legal obligation, we will provide you with not less than 14 days' prior written notice before terminating your Account:

you have breached any provision of these Terms;
your use of the Website poses a security risk to the Website, other users, or any third party;
your use of the Website may expose ZO Skin Health to liability;
your Account has been involved in, or is suspected of being involved in, fraudulent, abusive, or unlawful activity; or
it is required by law, regulation, or a direction from a court, tribunal, or regulatory authority.

21.2 Effect of Termination. Upon suspension or termination of your access to the Website or your Account:

your right to access and use the Website ceases immediately;
the limited licence granted to you under Section 12 of these Terms is automatically revoked;
you must immediately cease all use of the Website and any content obtained from the Website; and
we may, at our discretion, delete or deactivate your Account and all related information and files associated with your Account, without any obligation to provide further access to such information or files.

21.3 Outstanding Obligations. Suspension or termination of your access does not relieve you of any obligation to pay amounts owing to ZO Skin Health for Orders confirmed prior to the date of suspension or termination. We will continue to fulfil any confirmed Orders in accordance with these Terms, unless we are prevented from doing so by law or the circumstances giving rise to the suspension or termination make fulfilment impracticable.

21.4 No Liability for Suspension or Termination. To the maximum extent permitted by law, and subject to Section 11 (Consumer Guarantees: Mandatory Notice), ZO Skin Health will not be liable to you or any third party for any suspension or termination of your access to the Website or your Account.

21.5 Survival. Sections 11, 12, 15, 16, 17, 18, 22, 23, and 24 survive any suspension, termination, or expiry of your right to use the Website, together with any other provisions that by their nature are intended to survive.

Nothing in this Section 21 limits or affects any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including any right to obtain a refund, replacement, or other remedy in respect of Products purchased through the Website prior to suspension or termination.

22. GOVERNING LAW AND JURISDICTION

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter, or their formation, are governed by and construed in accordance with the laws of New South Wales, Australia.

Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts that may hear appeals from those courts, in respect of any proceedings arising out of or in connection with these Terms.

Nothing in this clause 22, or in these Terms generally, is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

23. DISPUTE RESOLUTION

23.1 Pre-Action Notice. Before commencing any proceedings in connection with a dispute arising out of or in connection with these Terms, your use of the Website, or any Products (a "Dispute"), you must first send us a written notice (a "Dispute Notice") using the contact details in Section 25. The Dispute Notice must describe the nature of the Dispute, the relief sought, and any supporting information reasonably necessary for us to assess the Dispute.

23.2 Resolution Period. Following receipt of a Dispute Notice, the parties must attempt in good faith to resolve the Dispute for a period of thirty (30) days (the "Resolution Period"). Neither party may commence court proceedings in respect of a Dispute (other than proceedings seeking urgent interlocutory or injunctive relief) unless a Dispute Notice has been given and the Resolution Period has expired without resolution.

23.3 Time Limit on Claims. To the maximum extent permitted by applicable law and subject to Section 11, any claim arising out of or in connection with these Terms, your use of the Website, or any Products must be commenced within twelve (12) months of the date on which the event giving rise to the claim first occurred. This clause does not apply to any claim for which a limitation period is prescribed by statute and cannot be reduced by agreement.

23.4 Urgent Relief. Nothing in this Section 23 prevents either party from seeking urgent interlocutory, injunctive, or declaratory relief from a court of competent jurisdiction at any time.

23.5 Statutory Rights. Nothing in this Section 23 limits your right to lodge a complaint with any relevant regulatory body or ombudsman, or affects your statutory rights under the Australian Consumer Law.

24. GENERAL PROVISIONS

24.1 Entire Agreement. These Terms, together with the Privacy Notice and any other documents expressly referenced herein, constitute the entire agreement between you and ZO Skin Health regarding your use of the Website, and supersede all prior representations, understandings, and communications relating to the subject matter.

24.2 Severability. If any provision of these Terms (or any part of a provision) is found by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision (or part) will be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Where possible, the invalid or unenforceable provision will be interpreted or modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

24.3 Waiver. A failure or delay by ZO Skin Health in exercising any right under these Terms does not operate as a waiver, and a single or partial exercise does not preclude further exercise. A waiver is not valid unless made in writing and signed by an authorised representative of ZO Skin Health.

24.4 Assignment. You may not assign, transfer, novate, or otherwise dispose of any of your rights or obligations under these Terms without the prior written consent of ZO Skin Health. ZO Skin Health may assign, transfer, novate, or otherwise dispose of any or all of its rights and obligations under these Terms without your prior consent in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of its assets, provided that ZO Skin Health will notify you of any such assignment within a reasonable time and the assignee assumes all of ZO Skin Health's obligations under these Terms. Any purported assignment by you in breach of this clause is void.

24.5 Force Majeure. ZO Skin Health will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including natural disasters, epidemics or pandemics, acts of war or terrorism, government actions, power or telecommunications failures, failures of third-party systems or carriers, and industrial disputes. If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate the affected Order by written notice.

24.6 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and ZO Skin Health. Neither party has authority to bind the other.

24.7 Headings. The headings and section numbers used in these Terms are included for convenience of reference only and do not affect the interpretation or construction of these Terms.

24.8 No Third-Party Beneficiaries. Except as expressly provided in these Terms, a person who is not a party to these Terms has no right to enforce or receive the benefit of any provision of these Terms.

24.9 Cumulative Rights. Except as expressly stated otherwise, the rights and remedies of ZO Skin Health under these Terms are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law.

24.10 Notices. Any notice required or permitted to be given under these Terms must be in writing. Notices to ZO Skin Health must be sent to the contact details set out in Section 25 of these Terms. Notices to you will be sent to the email address associated with your Account or, if you do not hold an Account, by posting a notice on the Website. A notice sent by email is taken to be received on the next Business Day after the email is sent, unless the sender receives an automated notification of delivery failure.

25. CONTACT US

If you have any questions, complaints, or requests relating to these Terms, the Website, or any Products purchased through the Website, you may contact us using the details set out below.

	Details
Entity	ZO Medical Skin Health Pty Ltd (ACN 125 671 490)
Email	customerservice.au@zoskinhealth.com
Phone	1300 503 679 (within Australia) 0800 238 285 (New Zealand)
Business Hours	Monday to Friday, 8:00 AM to 5:00 PM AEST (excluding public holidays)

We will endeavour to respond to all enquiries within a reasonable timeframe during business hours. Enquiries received outside of business hours will be attended to on the next business day.

If your enquiry relates to a consumer guarantee claim under the Australian Consumer Law, please refer to Section 11 (Consumer Guarantees: Mandatory Notice) and contact our customer service team using the details above so that we may assist you promptly.

If your enquiry relates to your personal information or privacy, please refer to our Privacy Notice referenced in Section 18 of these Terms.