OVERVIEW

This website is operated by Douglas Pharmaceuticals Australia Pty Limited (BraveFace). Throughout the site, the terms “we”, “us” and “our” refer to Douglas Pharmaceuticals Australia Pty Limited, its associated companies (including Douglas Pharmaceuticals Limited, Healthcare by Douglas Limited and Healthcare by Douglas Pty Limited) and their products and services. We offer this website, including all information, tools and services available from this site to you, the user (“you”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our 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 and/or available by hyperlink. 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. Specific laws references in the Terms of Service apply to the extent that are relevant to the customer’s respective jurisdiction.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to engage with our Service.

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services, except where such termination would breach our obligations under relevant consumer law.

SECTION 2 - GENERAL CONDITIONS

Subject to any relevant anti-discrimination laws, we reserve the right to refuse service to anyone for any reason at any time. You agree not to use our Services for any illegal or unauthorised purpose nor may you violate any laws in your jurisdiction including fraud, harassment and intellectual property laws.

You acknowledge that your information will be handled in accordance with our Privacy Policy [insert hyperlink].

The Services, this site and our products contain patents, trademarks and copyright that are owned by us. You agree not to reproduce, duplicate, copy, adapt, display, publish, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
We make our Services available to you through the website. When you browse our website or use our Services (including purchasing a product) we grant you a personal, non-exclusive, revocable, limited licence to access and use our intellectual property. This means you may not resell our Services (including our products) anywhere else, share your licence to use our Services or any other intellectual property with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our website or Services.
When using our website, you are responsible for your use and for any use of our website made using your device. You also agree that your use of our website is for personal non-commercial use. You agree not to access, copy, or otherwise use our website, including our intellectual property and trademarks, except as authorised by these Terms of Service or as otherwise authorised in writing by us. Unless we agree otherwise in writing, you are provided with access to our website only for your personal use. You may not without our written permission on-sell information or products obtained from our website.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we provide information on this website for general informational purposes, under the Australian Consumer Law (ACL) and the New Zealand Consumer Guarantees Act 1993 (CGA), we provide you with certain guarantees, including that services will be provided with due care and skill. However, you acknowledge that you use the Services at your own discretion.

We will exercise reasonable care to ensure the accuracy of the information on this website, but it should not serve as the sole basis for decision-making.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

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

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website, they may have limited quantities.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. In the event of any problem with our website, you agree that your sole remedy is to cease using our website.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email 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.

For more detail, please review our Shipping and Returns Policy | BraveFace.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – CONSUMER GUARANTEES; LIMITATION OF LIABILITY

The ACL and the CGA confer certain rights and remedies on consumers, and nothing in these Terms of Service excludes, restricts, or modifies the application of the ACL or CGA, except to the extent permitted by law. If any part of these Terms can be lawfully excluded or limited, such as under the ACL or CGA, then each party’s liability for a breach of that term is limited to one or more of the following:

in the case of goods:

• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods; or
• the payment of the cost of replacing the goods, acquiring equivalent goods or repairing the goods; or

in the case of services,

• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

Subject to the obligations above, and to the maximum extent permitted by law, we are each not liable for and no measure of damages will include:

• special, indirect, consequential, or punitive damages; or
• damages for loss of profits or future earnings.
  

Each party's liability to the other is diminished to the extent that party's own acts or omissions (or those of a third party) contribute to or cause the loss or liability it suffers. Subject to the other provisions in this paragraph, and to the extent permitted by law, the maximum liability of a party to the other party under or in connection with these Terms and in respect of all claims, whether in contract, tort (including negligence) will not exceed an amount equivalent to the amount paid by you for the relevant Service.

You acknowledge that the CGA and ACL or any equivalent consumer protection legislation will not apply, to the extent permitted by law, where you purchase any products or services for the purposes of a business or trade.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. For more information please refer to our Privacy Policy [insert hyperlink].

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Subject to any applicable law, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES

Subject to the operation of the ACL and CGA, nothing in this section excludes, restricts, modifies or purports to exclude, restrict or modify any right or remedy conferred on you by the ACL or the CGA. We will exercise reasonable care and skill in providing the Service, however we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You acknowledge that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You acknowledge that your use of the Service is at your own risk, to the extent that such risk arises from factors beyond our reasonable control.

To the maximum extent permitted by law, in no case shall BraveFace, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless BraveFace, Douglas Pharmaceuticals, and our affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This defence and indemnification obligation will survive the Terms and your use of the Services.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, in any jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law in that jurisdiction, and the unenforceable portion shall be deemed to be severed from these Terms of Service, in that jurisdiction. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
These Terms of Service may also be terminated by us where you have failed to comply with a provision of these Terms, or you are in breach of an applicable law.
If this agreement is terminated, you will remain liable for all amounts due up to and including the date of termination and/or accordingly we may deny you access to our Services (or any part thereof).


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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

SECTION 18 – NO ASSIGNMENT AND NON-WAIVER

You may not assign your rights and/or obligations under the Terms of Service to any other party without our prior written consent. We may assign our rights and/or obligations under the Terms of Service to any other party at our discretion.
We reserve all rights permitted to us under these Terms of Service as well as under any provisions of any applicable law. A waiver of any right, power, authority, discretion or remedy arising upon a breach of or default under the Terms of Service must be in writing and signed by the party granting the waiver. You are not entitled to rely on a delay in the exercise or non-exercise of a right, power, authority, discretion or remedy arising from a breach of these Terms or default under these Terms as constituting a waiver of that right, power, authority, discretion or remedy.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand, and parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

SECTION 20 - CHANGES TO TERMS OF SERVICE

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You may choose to stop using our Services at any time.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@hellobraveface.com.

Dated:19 May 2025