Terms of Service – Jamila Skin Pty Ltd
Last updated: 1/12/2025
These Terms of Service (“Terms”) govern your access to and use of the website www.jamilaskin.com (the “Site”) and any products, content, or services offered by Jamila Skin Pty Ltd (“Jamila Skin”, “we”, “us”, “our”). By accessing the Site or purchasing our products, you agree to be bound by these Terms. If you do not agree, you must not use the Site.
1. Eligibility
By using the Site, you confirm that you are:
• At least 18 years old (or the age of majority in your jurisdiction); and
• Legally capable of entering into these Terms.
By placing an order, creating an account, or continuing to use the Site, you agree to these Terms, our Privacy Policy, and any additional policies displayed on the Site (“Policies”).
2. Changes to Terms or Services
We may update or replace these Terms at any time. Changes take effect when posted on the Site (or from any future date specified).
Continued use of the Site following an update constitutes acceptance of the revised Terms.
We may modify, suspend, or discontinue any part of the Site or Services without notice.
3. Accounts
3.1 Account Creation
Some Site features require an account. You must provide accurate and complete information and keep it updated.
3.2 Account Security
You are responsible for:
• Maintaining the confidentiality of your login details;
• Restricting access to your devices; and
• All activity under your account (authorised or not).
Notify us immediately at Hello@jamilaskin.com if you believe your account has been compromised.
3.3 Suspension or Termination
We may suspend or terminate your account at any time if we suspect:
• Fraud or unauthorised activity;
• Misuse of the Site; or
• Any breach of these Terms or applicable laws.
4. Intellectual Property
All content on the Site—including text, images, graphics, logos, product names, packaging, videos, and software (“Content”)—is owned by Jamila Skin or our licensors and is protected by intellectual property laws.
You must not:
• Copy, reproduce, distribute, or create derivative works from the Content;
• Use our trade marks, product names, images, or branding for commercial purposes;
• Remove any copyright or proprietary notices.
We grant you a limited, revocable license to use the Site for personal, non-commercial purposes.
You may share our content on social media for personal use provided you credit Jamila Skin and do not misrepresent our brand.
5. User Content (Reviews, Photos, Social Media)
If you submit or share any content relating to Jamila Skin (“User Content”), you grant us a worldwide, royalty-free, perpetual license to use, reproduce, display, modify, or publish that content for marketing or promotional purposes.
You represent that:
• You own or control the rights to the User Content; and
• Our use of it will not infringe any third-party rights.
We may remove or decline to display User Content at our discretion.
6. Prohibited Conduct
You must not:
• Break any applicable law;
• Use the Site for fraudulent, harmful, abusive, or misleading purposes;
• Interfere with the Site’s functionality or security;
• Attempt to access unauthorised accounts or systems;
• Upload malware or malicious code;
• Use bots or automated tools to scrape or extract data (except as permitted by law).
We may cancel orders, restrict access, or take legal action if prohibited conduct is detected.
7. Product Information, Allergies & Safe Use
7.1 General Information
All product descriptions and advice on the Site are cosmetic in nature and not medical advice.
Our products do not diagnose, treat, cure, or prevent any medical condition.
7.2 Allergies & Sensitivities
You are responsible for:
• Reviewing the ingredient list before use;
• Performing a patch test;
• Consulting a healthcare professional if you have allergies or skin conditions.
Discontinue use immediately if irritation occurs.
7.3 No Guaranteed Results
Results vary between individuals. We do not guarantee specific outcomes or timelines.
8. Prices, Orders & Payments
8.1 Pricing
All prices are in AUD unless stated otherwise.
Prices, promotions, and product availability may change at any time.
8.2 Order Acceptance
Your order constitutes an offer to purchase.
We may accept or reject your order for reasons including:
• Product unavailability;
• Errors in pricing or product information;
• Suspected fraud or misuse;
• Breach of these Terms.
A contract is formed only when we send an order confirmation email.
8.3 Payment
By submitting payment details, you confirm that:
• You are authorised to use the payment method; and
• We may charge the full order amount (including taxes, shipping, and fees).
9. Shipping, Risk & Customs
Shipping information, fees, and estimated delivery timeframes are listed on the Site.
Risk of loss and title transfer to you upon delivery to your address (or, for some international shipments, upon delivery to the carrier).
Customs & Local Requirements
You are responsible for:
• Compliance with your country’s import laws;
• Any duties, taxes, or customs fees;
• The consequences of customs delays, seizures, or refusals.
We do not refund orders seized or destroyed by customs.
10. Cancellations, Returns & Refunds
Our full Return & Refund Policy (available on the Site) forms part of these Terms.
If inconsistent, the Policy on the Site prevails.
Key principles (summary only):
• Change of mind returns are generally not accepted due to hygiene laws, except where required by the ACL.
• Defective products: You may be entitled to a repair, replacement, or refund under the ACL.
• Opened/used products: Cannot be returned unless faulty.
• Misuse or improper storage: Not eligible for return.
• Customs seizures: Not refundable.
Refer to the full policy for exact requirements.
11. Third-Party Links
We may provide links to third-party websites for convenience.
We are not responsible for their content, services, practices, or policies.
Access them at your own risk.
12. Disclaimer of Warranties
To the maximum extent permitted by law and subject to your non-excludable ACL rights:
The Site and Content are provided “as is” and “as available” without warranties of any kind.
We do not guarantee that:
• The Site will operate uninterrupted or error-free;
• Content is accurate, complete, or current;
• The Site is free from viruses or harmful components;
• Our products will be suitable for your specific skin type or purpose.
Nothing in these Terms excludes any rights you have under the ACL.
13. Limitation of Liability
To the fullest extent permitted by law:
We are not liable for indirect, incidental, or consequential damages, including:
• Skin reactions or sensitivities;
• Loss of profits, revenue, data, or opportunity;
• Third-party claims arising from your actions.
We are not liable for damage arising from:
• Failure to follow product instructions;
• Combining our products with other products or treatments;
• Use past expiry;
• Misuse, negligence, or improper storage.
Where liability cannot be excluded but can be limited, our total liability is limited to the amount paid for the product giving rise to the claim.
14. Indemnity
You agree to indemnify and hold Jamila Skin and its personnel harmless from all claims, losses, damages, costs, and expenses (including legal fees) arising from:
• Your misuse of the Site or products;
• Your breach of these Terms;
• Your violation of applicable laws;
• Third-party claims resulting from your actions.
15. Governing Law & Disputes
These Terms are governed by the laws of New South Wales, Australia.
15.1 Good-Faith Resolution
You agree to contact us first at Hello@jamilaskin.com to attempt to resolve disputes in good faith.
15.2 Arbitration
If unresolved, disputes may be submitted to binding arbitration in NSW, except where you are entitled to bring proceedings in a court.
15.3 Courts
Where arbitration is not applicable, disputes will be submitted to the exclusive jurisdiction of the courts of New South Wales.
16. Severability
If any part of these Terms is found invalid or unenforceable, the remainder continues in full force.
17. Termination
We may terminate or suspend your access to the Site at any time if you breach these Terms.
Upon termination, your right to use the Site ceases immediately.
Clauses relating to intellectual property, liability, indemnity, and dispute resolution survive termination.
18. Contact Us
For questions about these Terms, contact us:
📧 Hello@jamilaskin.com