Terms & Conditions

1. Terms of Use

1.1. The website located at chemistwarehouse.com.au and all related sites including but not limited to ultrabeauty.com.au (Website) is owned and operated by ePharmacy Group Pty Ltd ACN 110 869 059 (Chemist Warehouse).

1.2. Please read the terms and conditions set out below (Terms) carefully. By using the Website you agree to be bound by the Terms. Your placement of an order also indicates your acceptance of these Terms.

1.3. In these Terms a reference to:

(a) “we”, “our” or “us” is a reference to Chemist Warehouse;

(b) “you” or “your” is a reference to any person accessing, viewing or using the Website;

(c) “Affiliate” means, in relation to a person or entity (the first-mentioned person):

(I) a related body corporate (as that term is defined in the Corporations Act 2001 (Cth)) of the first-mentioned person; and

(II) a related entity (as that term is defined in the Corporations Act 2001 (Cth)) of the first-mentioned person.

2. Use of the Website

2.1. Unless you obtain our prior written consent for any other use, you may only use the Website for personal use.

2.2. You may access the Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on factors outside our control and we do not accept any responsibility for those factors such as the quality of your internet connection, the type or computer or mobile device used to access the Website, or your software.

2.3. We may collect your information (including your personal information) through your use of the Website. For more information on our personal information handling practices, refer to our Privacy Statement here.

2.4. Your only rights in, or to, the Website or technology used to support the Website is limited to the right to use the Website in accordance with the Terms.

2.5. We may monitor your use of the Website, and limit the amount and frequency of goods ordered or provided, or refuse to accept any order, at our sole discretion. In some instances, we may require additional information or verifications prior to accepting an order.

2.6. Information provided on the Website is not intended to replace professional medical advice or diagnose, treat, cure or prevent any medical or health condition. Professional medical advice is required for usage and dosage instructions.

3. Your Account

You warrant and agree that:

(a) all information you provide to us will be true, accurate, current, and;

(b) you will maintain and promptly update your information with us to ensure that your information held by us remains true, accurate, current and complete at all times;

(c) you are responsible for any error, omission or cost arising from a failure or delay to provide all information requested by us;

(d) you will keep your account details, including username and password, confidential and secure, and ensure there is no unauthorised access to any account you hold with us;

(e) you will be solely responsible for all use of the Website and orders made through any account you hold with us; and.

(f) You will immediately notify us of any unauthorised use of your account or any other breach of security.

4. Australian Consumer Laws

4.1. Our promotion and provision of goods and services is only an invitation to treat and does not constitute an offer to sell or guarantee the availability of any good or service.

4.2. Under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth)), certain statutory expressed and implied guarantees and warranties may be implied into the Terms that cannot be excluded (Non-Excluded Guarantees). Nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.

4.3. To the maximum extent permitted at law, our liability and that of our officers, employees, agents, contractors, service providers, successors, assigns and Affiliates, for a failure to comply with a Non-Excluded Guarantee, is limited to, at our option:

(a) replacement of the goods or the supply of equivalent goods;

(b) payment of the cost of replacing the goods or of acquiring equivalent goods;

(c) repair of the goods;

(d) payment of the cost of having the goods repaired;

(e) resupply of the services or the supply of equivalent services;

(f) payment of the cost of having the services resupplied; or

(g) payment of the cost of having equivalent services supplied.

4.4. In circumstances where the Non-Excluded Guarantees do not apply, we and our officers, employees, agents, contractors, service providers, successors, assigns and Affiliates exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to use of the goods or services.

4.5. You acknowledge that you do not rely on the skill or judgment of us or anyone on our behalf when deciding whether or not the goods or services are fit for any particular purpose, and that you have instead satisfied yourself that the goods or services are fit for your required purpose.

5. Limitations on use

By accessing and using the Website you warrant and agree that you will not:

(a) use the Website for any purpose other than permitted under these Terms;

(b) copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;

(c) hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

(d) use the Website for any activity which we determine is obscene, indecent, offensive or defamatory;

(e) hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained within it;

(f) tamper with, hinder the operation of or make unauthorised modifications to the Website;

(g) use the Website with an incompatible or unauthorised device;

(h) upload onto the Website any material, or use the Website in any way which:

(I) we consider infringes or may infringe the intellectual property rights of any person; or

(II) is unlawful or violates any law;

(i) breach any other terms of these Terms.

6. Content standards

6.1. The content standards in this clause 6 apply to any and all material that you contribute to our Website (Contribution).

6.2. By uploading, transmitting, posting or otherwise making any Contribution you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and/or exploit such Contribution for any commercial or non-commercial purpose;

(b) warrant that the Contribution is accurate (where you state a fact); is genuinely held (where opinions are provided); and complies with any applicable law in Australia; and

(c) give your unconditional and irrevocable consent to any act by us which would otherwise infringe your moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of your Contribution.

6.3. We reserve the right (but are not obliged) to:

(a) prevent the upload, transmission, posting or otherwise making available of any Contribution from a user of the Website;

(b) review, modify, reformat, reject or remove any Contribution uploaded, posted, transmitted or otherwise made available through the Website that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

(c) monitor the use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.

6.4. You agree to accept full responsibility for any Contribution you upload, post, transmit or otherwise make available on the Website and you agree that we will not be liable for any such Contribution uploaded, posted, transmitted or otherwise made available on the Website by you or any other person.

6.5. You acknowledge and agree that any Contribution made by you must not in any way:

(a) contain any material that is defamatory of any person;

(b) contain any material that is obscene, offensive, hateful or inflammatory;

(c) promote sexually explicit material;

(d) promote violence;

(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) infringe the intellectual property rights of any person;

(g) be likely to deceive any person;

(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(i) promote illegal activity;

(j) be likely to harass, upset, embarrass, alarm or annoy any other person;

(k) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(l) give the impression that they emanate from us, if this is not the case;

(m) is unlawful or violates any law; or

(n) contain links or reference to other goods, services or websites.

6.6 We may in our discretion determine whether any Contribution complies with clause 6.5.

6.7 By allowing you to upload, post, transmit or otherwise make available your Contribution on the Website or otherwise, we are not to be taken as having endorsed any opinion, advice or statement made by you or any other person.

7. Technical information and security

7.1. The transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure the Website, you access the Website at your own risk, and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of the Website.

7.2. It is your responsibility to:

(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and

(b) ensure that whatever you select for your use on the Website is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.

7.3. We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

8. Intellectual property

8.1. The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

8.2. You should assume that any intellectual property in the Website is owned by us or third parties and unless permitted by law, you must not:

(a) copy, modify, adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or

(b) commercialise any information, products or services obtained from any part of the Website without our prior written consent.

8.3. Nothing contained on the Website shall be construed as granting any licence or right to use any intellectual property on the Website.

9. Third party websites and applications

9.1. The Website may contain links to websites and applications owned or controlled by third parties (Third Party Websites). We are not responsible for the operation, security levels, content or any other aspect of any Third Party Website.

9.2. Links to Third Party Websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products or services.

9.3. We make no representations or warranties and are not liable for:

(a) the content or accuracy of any information contained in a Third Party Website; and

(b) any loss or damage suffered as a result of access to, or use of, a Third Party Website, or the reliance on the information contained within.

9.4. If you choose to visit a Third Party Website, you do so at your own risk and you should make your own enquiries as to the suitability of the content of the Third Party Website and the goods and services available for sale on such website.

9.5. Third Party Websites may be governed by their own terms and conditions and privacy policies, which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

10. Exclusion of warranties

10.1. While we endeavour to ensure the accuracy and completeness of the information contained on the Website, that information may contain errors and omissions and is subject to change. 

10.2. Information provided on the Website, including information relating to medical and health conditions, products, services and treatments, is for informational purposes only and is not intended to diagnose, treat, cure or prevent any medical or health condition. Professional medical advice is required for all medical and health conditions and dosage instructions.

10.3. Goods displayed on the Website are for illustration purposes only. Actual goods delivered may vary in colour, shape or size.

10.4. To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:

(a) any material and/or information on the Website;

(b) the performance and availability of the Website, goods and services; or

(c) the loss, damage or corruption of any data or other material as a result of the use of the Website.

10.5. Where liability cannot be excluded, any warranty by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

10.6. We make no warranties or guarantees that the use of the Website, goods or services provided via the Website will achieve your desired outcome.

11. Limitation of Liability

11.1. To the maximum extent permitted by law, we and our officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:

(a) the use of, or reliance on, any of the information or material provided via the Website;

(b) the use of Third Party Websites;

(c) the unauthorised access of any account you hold with us;

(d) the suspension, termination or interruption of the Website in whole or in part for whatever reason; or

(e) the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.

11.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

11.3. You indemnify and agree to keep us and our Affiliates indemnified against any loss or damage or costs incurred by us in connection with any breach of the Terms or of any other legal obligation by you or your use of, or conduct on, the Website.

12. Suspension or termination

12.1. We reserve the right to suspend or terminate your access to the Website and any account you hold with us at our sole discretion if we believe there has been a breach of the Terms.

12.2. If we notify you of the breach and ways in which you can remedy it and you fail to take that action within a reasonable time, you must immediately cease to use the Website and access any account you hold with us.

12.3. We reserve the right to cease operating the Website at any time, without notice, and to terminate this agreement under the Terms.

12.4. You have the right to terminate this agreement under the Terms by ceasing to use the Website.

13. Email and SMS notifications

13.1. When you provide us your email address and/or mobile phone number you agree to us sending you communications via email (Email Notifications) and text message (SMS Notifications). You may choose to stop receiving Email Notifications at any time by clicking the “unsubscribe” or “opt out” link at the bottom of our Email Notifications. You may choose to stop receiving SMS Notifications at any time by responding “stop” or “opt out” to an SMS Notification.

13.2. If you do not opt-out from Email Notifications and/or SMS Notifications we may send emails and/or SMS to your nominated email address and mobile phone number and you acknowledge and consent to receipt of those Email Notifications and SMS Notifications.

14. Payments

14.1. Goods and services purchased on the Website must be paid for online at the time of placing your order.

14.2. The prices displayed on the Website for goods and services are current at the time of display but are subject to change. All prices are advertised in Australian dollars and are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

In the event of goods or services being listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we will inform you about the error as soon as we can, and let you know that we will cancel the order or part of an order for the incorrectly priced goods or services whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, we will issue you a refund for the order or part of the cancelled order as the case may be.

14.3. We accept all major credit cards. Please provide the billing address and telephone number associated with your credit card as incorrect information may cause a delay in the processing of your order.

14.4. Refunds may take up to 5 to 7 business days to appear on your statement.

14.5. Gift cards are to be treated as cash. Defaced, mutilated, altered, lost or stolen cards will not be replaced, refunded or redeemable. Gift cards are redeemable for goods and services available on the Website. Gift cards are not redeemable for cash and cannot be used for payment of credit or retail accounts. A gift card must be redeemed before the expiry date shown on the gift card. Any unused balance of an expired gift card will not be given as cash or credit. If a purchase exceeds the balance of the gift card, you must pay the difference via credit card or alternative gift card.

14.6. You are liable for all transactions on your credit card and any gift card.

15. Delivery and shipping

15.1. We have no control over international customs or international postal operations and take no responsibility and will not provide any refund for goods damaged or claimed to be missing from international orders.

15.2. We are not liable for:

(a) any imposed duties, including any customs tax or delivery tax. 

(b) any orders that are detained by customs in any country, including any orders that are detained indefinitely or delivered outside the estimated timeframes; and

(c)  loss of any orders due to untraceable consignments numbers.

15.3. We cannot guarantee the quality of any consumable goods (including food products) and are not liable to replace or refund any consumable goods that experience delayed shipping and delivery times beyond our control. 

16. General

16.1. We reserve the right to modify, amend, delete and make corrections to any part of these Terms or the Website at any time and such amendment will be effective immediately upon appearing on the Website. Please ensure that you review the Terms regularly as your continued use of the Website will be deemed acceptance of any changes to the Website or Terms. If you do not agree to any change, then you must immediately stop using the Website.

16.2. If any part of the Terms is determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms shall continue in full force and effect.

16.3. No waiver of any breach of the Terms will be construed as a waiver of any other breach of the Terms.

17. Applicable Law

The Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

Last updated: 3 June 2025