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TERMS AND CONDITIONS

Terms and Conditions of Supply for (Dermareform) The Inn Organisations Ltd.

Index

  1. These terms

  2. Information about us and how to contact us

  3. Our contract with you Consultation, Membership

  4. Our liability to you and your liability to Dermareform, these terms and conditions are our entire agreement.

  5. Our products and Providing the products

  6. Your rights to end the contract

  7. How to end the contract with us (including if you have changed your mind)

  8. If there is a problem with the product

  9. Price, payment and shipment

  10. Our responsibility for loss or damage suffered by you

  11. How we may use your personal information

  12. Other important terms

 

1. These terms

 

1.1 THESE DERMAREFORM TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT THOROUGHLY; SOME TERMS WILL APPLY TO YOU DEPENDING UPON WHERE YOU USE THE WEBSITE AND OUR SERVICES. THE ARBITRATION AGREEMENT IN SECTION 4 OF THESE TERMS AND CONDITIONS CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND DERMAREFOEM HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL, AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. ANY DISPUTE OR CLAIM RELATING IN ANYWAY TO YOUR USE OF OUR WEBSITE AND PRODUCTS WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF ENGLAND, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

1.2 What these terms cover. These are the terms and conditions on which we supply products to you from our website https://www.dermareform.com/ (“our site”).

1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may end the contract, what to do if there are a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.4 We may make changes to these terms. We amend these terms from time to time. Every time you wish to make a purchase of products from our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 1st April 2021.

2 Information about us and how to contact us

2.1 Who we are. We are Dermareform with the registered name The Inn Organisations Ltd, a company registered in England and Wales. Our company registration number is 07862975, and our registered office is at Dermareform, Basepoint, Business Centre, The Old Rectory, Springhead Road, Northfleet. DA11 8HN UK. Our registered VAT number is

2.2 How to contact us. You can contact us by telephoning our customer service team at 00 44 (0) 20 8798 0365

or by writing to us at contact@dermareform.com or Dermareform, Basepoint, Business Centre, The Old Rectory, Springhead Road, Northfleet. DA11 8HN UK

2.3 How we may contact you. If we have to contact you, we will do so by Leaving a message on your account on our site or by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2.5 We may give notice to you by posting it on the Website or at any address (email or postal) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent to your email address or three days after the date of posting of any letter. When using the Website, you accept that communication with us will be mainly electronic. We will generally contact you by e-mail or provide you with information by posting notices on the Website. By using the Website, you agree to this means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory legal rights.

3 Our contract with you

 

3.1 Listed on this page are the terms and conditions which apply to your interactions with us, as well as your subscription to our membership services (each a “Membership” and collectively, the “Memberships”) and purchase of the products listed on the Website (“Products”). These Terms and Conditions tell you how you can subscribe and/or unsubscribe to a Membership, how we will supply Products to you, how you and we may change or end any Contract.

 

3.2  By using the Website, using the materials contained within the Website or otherwise made available in connection with the Website, subscribing to a Membership or placing an order for Products on the Website, you are agreeing to be bound by these Terms and Conditions. When we say 'Terms and Conditions' that includes all documents referred to on this page (such as our Website Terms, Membership Terms, Terms of Sale, Acceptable Use Policy, Royalty Terms, Shipping & Deliveries, Returns, Exchanges & Refund, Privacy Policy, Terms and Conditions, Terms of Use and Cookie Policy) and any other policies or terms referred therein and any updates, amendments, or revisions thereto, where these Terms and Conditions (or any part of them) have been translated into languages other than English, the English language version takes priority.

 

Last updated: 01th April 2021. These Terms and Conditions may be modified from time to time to reflect changes to our Memberships, our Products, or changes in the law but, should this happen, they will be posted on the Website or, if the changes are material, we will notify you of such changes by email. Your continued use of the Website following the posting of the revised terms and conditions means that you accept and agree to the changes. Changes to terms and conditions will not apply retrospectively unless you agree to it.

 

If you do not wish to be bound by these Terms and Conditions, then you are not authorised to use the Website, subscribe to any Membership or buy any Products from it and must promptly cease using the Website.

Website Terms – These terms tell you the rules for using our Website.

Acceptable Use Policy – These terms set out the permitted uses and prohibited uses of our Website.

Membership Terms – These terms tell you about our different Memberships and how to subscribe and unsubscribe to our Memberships.

Terms of Sale – These terms tell you how we will supply Products to you, how to make payment for Products and Memberships and what to do if you change your mind.

3.3 How we will accept your order. After placing your order, you will receive an email from us confirming your order number and the products that you have ordered. This email is automatically generated by our site and does not mean that your order has been accepted by us. Our acceptance of your order will only take place when we email you with a shipping confirmation confirming that your products have been dispatched to you, at which point a contract will come into existence between you and us.

3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will refund you for any products you have paid for. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because the existing stock has been placed on hold due to a quality concern or, we have identified an error in the price or description of the product, or because our eCommerce authorisation or fraud screening service provider advises us to decline to accept your order or because we are unable to meet a delivery deadline you have specified.

3.5 Your order number. We will assign an order number to your order and tell you what it is as set out in clause 3.1. It will help us if you can tell us the order number whenever you contact us about your order.

4 Our liability to you and your liability to DERMAREFORM

4.1 This Section 4 explicitly sets forth your liability to us and Dermarefom’s liability to you under these Terms and Conditions (including what you cannot hold Dermarefom liable for under these Terms and Conditions) with respect to the use of the Website, services provided via the Website or made available to you in connection with the Website ("Associated Services”), our Membership services and our Products.

You understand and agree to the Terms & Conditions of use of Dermareform skincare as stated below and on your consultation form.

PRODUCTS PRECAUTIONS (please read carefully)

The products you will receive are professional products and is NOT recommended to be used in conjunction with any product that is not prescribed by this beauty clinic. Some of our products are highly concentrated, and you might feel a bit of irritation within few applications on your skin; however, this will slowly go away as you continue to slowly introduce these highly concentrated products to your skin.

We recommend the use of sun protection with all our lines. However, the use of SPF is mandatory when using any advanced lightning line.

Tick and sign if you agree to the following:

  1. I agree to apply solar defence daily

  2. I agree to avoid direct sun exposure when using any advanced lightening products.

  3. I agree it is mandatory to use ONLY my prescribed products and notify us otherwise.

  4. I agree to notify the DR aesthetician of any concern

  5. The benefit of what I can realistically see from a professional product will be explained to me.

  6. I am under the supervision of an aesthetician & have discussed my regime & expectations.

You hereby give Dermareform consent and authorization voluntarily and release DermaReform, from any claims implied or stated that I have or may have in future with Dermareform, regardless of the result. You consent to use DermaReform selected skincare lines as you were advised and explained in detail, and you fully understand these terms.

You expressly understand and agree that to the extent permitted by applicable law, your use of our Website; Associated Services; Membership services and Products is at your sole risk, and our Products are provided on an “as is” and “as available” basis, with all its faults. Any content accessed through our website or made available to you in connection with the Website is accessed at your own risk, and you shall be solely responsible for any damage to your device or any device you use to access our website or any other loss that results from accessing such content. Dermarefom and its licensors expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from use of the website. You acknowledge and agree that neither Dermarefom’s nor its licensors are liable, and you agree not to seek to hold us liable, for the conduct of third parties on the website, including operators of external sites, and that the risk of injury from such third parties’ rests entirely with you. For clarity, this Section 4 does not affect our Return Policy or our limited warranty for Products. The terms in this Section 4 do not affect your statutory rights as a consumer and nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.

You agree to defend, indemnify and hold Dermarefom and its group companies, affiliates, licensors and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Website, use of Associated Services or purchase of Products; or (b) your breach of these Terms and Conditions or any other policies that Dermarefom may issue for the Website from time to time.

If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is reasonably foreseeable and a direct result of our breaking these Terms and Conditions or our failing to use reasonable care and skill. We will not be responsible for any losses you suffer as a result of us breaching these Terms and Conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, using the Associated Services or when the Contract for your Membership or the sale of Products by us to you was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

To the fullest extent permissible by applicable laws, under no circumstances, will Dermarefom or its licensors be liable to you for more than the total amount paid to Dermarefom by you for your Membership Product Purchase or for your Products during the twelve-month period prior to the act, omission or occurrence, giving rise to such liability.

To the fullest extent permissible by applicable laws, we are not responsible for indirect losses (including consequential damages) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the Contract between us.

The laws of certain countries, states and jurisdictions do not allow the limitation of liability or certain damages, and if such laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.

We only supply Memberships and Products for individual and private use. If you subscribe to our Memberships or use our Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

 

4.2 These terms and conditions are our entire agreement

These Terms and Conditions including the documents referred to in them (in each case, as amended from time to time) constitute the entire agreement between us and you in relation to use of the Website, Associated Services and/or supply any Membership or any of the Products to you and supersede all previous agreements in respect of the same.

 

4.3 We do not waive our right if we fail to exercise them  

If we fail, at any time during the term of any Contract between you and us concluded under these Terms and Conditions, such as, but not limited to, a contract for the sale of Products to you, to insist upon strict performance of any of your obligations under that contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date and we reserve all of our rights for loss or non-repayment by you. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 4 of these Terms and Conditions. A waiver by us of any default shall not constitute a waiver of any other default.

 

4.4 General and governing law  

The law that governs these Terms and Conditions and the place in which you can resolve any disputes with Dermarefom will depend on where you are using the Dermarefom Website. If any of these Terms and Conditions or any provisions of a Contract concluded under these Terms and Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent allowed by law.

If you are using the Website in the United States, these Terms and Conditions, as well as any Contract in respect of a transaction carried out through the Website, will be governed by and will be construed under, the laws of the United States without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Sections 4(e)(iv) and 4(e)(v) below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Website and Products shall be subject to the exclusive jurisdiction of the state.

If you are using the Website in the UK (including England, Wales, Scotland and Northern Ireland) as well as any Contract in respect of a transaction carried out through the Website, these Terms and Conditions will be governed by, and will be construed under the laws of England and Wales and all disputes arising out of related to your use the Website and Products shall be subject to the exclusive jurisdiction of the courts located in England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are using the Website in the United Kingdom or Northern Ireland you are not happy with how we have handled a complaint, you may be able to submit a dispute for online resolution to European Commission Online Dispute Resolution platform. With respect to any uses in the United Kingdom or Northern Ireland, Dermarefom does not participate in any alternative dispute resolution body and is not obliged to do so.

If you are using the Website in the United States, you agree that all disputes, controversies, and claims related to these Terms and Conditions (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Notice to Dermarefom may be sent to Dermarefom’s registered office at DermaReform. Basepoint, Business Centre, The Old Rectory, Springhead Road, Northfleet. DA11 8HN. The United Kingdom or electronically at contact@dermareform.com. Except as provided below, any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms and Conditions. In the event of a conflict between the terms set forth in this Section 4(e)(iv) or Section 4(e)(v) below and the JAMS Rules, the terms in this Section 4(e)(iv) and Section 4(e)(v) listed below will control and prevail. Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and

 

Dermarefom will have the opportunity to discover non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms and Conditions, (a) you and Dermarefom may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. The arbitration will take place in England, the United Kingdom unless the parties agree to video, phone or internet connection appearances.

You and Dermarefom agree that any arbitration shall be limited to the Claim between Dermarefom and you individually. YOU AND DERMAREFOEM AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

You and Dermarefom agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Dermarefom’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in the small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

You and Dermarefom agree that if any portion of this Section 4 is found illegal or unenforceable that portion shall be severed, and the remainder of the section shall be given full force and effect (except Sections 4(e)(iv) and 4(e)(v) above). That portion shall be severed, and the remainder of the section shall be given full force and effect. If Sections 4(e)(iv) or 4(e)(v) is found to be illegal or unenforceable then neither you nor Dermarefom will elect to arbitrate any Claim falling within that portion of Sections 4(e)(iv) or 4(e)(v) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Kent, England, United Kingdom and you and Dermarefom agree to submit to the personal jurisdiction of that court.

4.5 Website terms: website content   

Unless we state otherwise, all content published on the Website or made available to you in connection with the Website (including but not limited to all information; data; products; images, photographs, audio, video, artworks, graphics, and materials; services; software and databases; tools; designs; text; text, video and audio chat conversations and exchanges; Contributions; and Copyright Material) is presented solely for your private, personal, and non-commercial use. While we do always try to ensure that the Website and information made available to you in connection with the Website is accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete, or up to date. We cannot accept any liability or responsibility for any loss which may arise from reliance on such content, whether it is our material or material posted by a third party (e.g., reviews, testimonials, and comments).

We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Continued use of the Website shall be deemed your acceptance of such changes.

When using the Website on your mobile, laptop or desktop device (“Device”), you acknowledge and agree that you are responsible for (i) maintaining continuous internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any internet connection and telecommunications fees and charges that you incur.

Dermarefom is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Website, including, but not limited to screen display operation features of your Device.

 

4.6 Personal information about you and your visit to the website 

We process information about you in accordance with our Privacy Policy. By using the Website, you consent to this processing and warrant that all data provided by you is accurate.

 

4.7 Content provided by you

All material that you contribute to the Website or its connected social media accounts, including reviews, feedback, stories, testimonials, Instagram posts (where you respond with the required hashtag), and images (“Contribution”), is subject to our Acceptable Use Policy as part of these Terms and Conditions. Dermarefom does not verify or endorse and takes no responsibility for any Contribution or any content or communications made available through the Website via any function which allows a user to publicly post or share content.

 

4.8 User-generated content is not approved by us 

This Website may include information and materials uploaded by other users of the Website, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us at contact@dermareform.com.

 

4.9 Your right to access the website

None of the Products, Memberships, services or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its Products, Memberships, services, and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content.

 

4.10 Using the website 

The Website is provided on an 'as is' and 'as available basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, any third-party content accessed on or through the Website, any content made available to you in connection with the Website (including but not limited to via video, text or audio chat), or any transaction that may be conducted on or through the Website, including any warranties of (a) non-infringement, security or accuracy; (b) that your use of the Website will be an uninterrupted, error or defect-free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.

This Website and any content are provided for general information only. Commentary and other materials posted on the Website or made available to you in connection with the Website (including but not limited to via video, text or audio chat) are not intended to constitute advice upon which any reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or content made available to you in connection with our Website.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing 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.

We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

4.11 Intellectual property

In Section 4(A)(v) we set out the terms relating to our intellectual property, and your use of and interaction with it.

We are the owner and/or licensee of the “Dermarefom” trade and brand name, logo, trademark and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by us or one of our group companies and are protected by copyright laws and treaties around the world. All such rights are reserved by us, our group companies, and our third-party licensors.

 

4.12 Using our copyright material 

You are permitted to access, store, print and use the Copyright Material on the Website for your own personal and non-commercial use and for placing orders for Products with us. However, you may not modify, copy, reproduce, publish, manipulate, upload, distribute, transfer or sell, by any means, any material or information on or downloaded from the Website or Copyright Material without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.

For the avoidance of doubt, you must not use any part of the Copyright Materials for commercial purposes without obtaining a licence to do so from us or our licensors. You shall not modify, translate, reverse engineer, decompile, disassemble, or hack the Website or create derivative works based on any software or accompanying documentation supplied by Dermarefom or its third-party licensors. Dermarefom is a trademark belonging to Dermarefom. No licence or consent is granted to you to use this trademark in any way, and you agree not to use this trademark or any mark which are considerably similar without our prior written permission. You agree not to remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in the Website and you shall not use any metatags or other “hidden text” incorporating Dermarefom marks. Any unauthorised use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.

 

4.13 Request to use copyright material 

The Website may incorporate third party content and we may be unable to grant permission for you to use any such third-party content. Please contact the appropriate third party for permission to use their content.

 

4.14 Intellectual property in your contribution

Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.

 

4.15 Your account with us 

If you open an account with us, you must ensure that the details you give us are correct and complete. Please let us know right away if any of the details you provided while registering should change.

If you are given a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to anyone else. Accounts may not be shared. You agree to accept responsibility for all activities that occur under your account or password.

 

You should inform us immediately if you have any reason to believe that your password has been compromised or there has been any other breach of security regarding the Website that comes to your attention.

We have the right to suspend your account or to disable any username or password at any time if we believe you have failed to comply with these Terms and Conditions or for security and maintenance reasons.

 

4.16 Links to other websites 

Where we provide links to other websites or resources, these links are provided for your information only and you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).

 

4.17 Interference with the website

You must not attempt to interfere with the proper working of the Website or otherwise attempt to obstruct or interfere with any other person’s or entity’s use of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device.

Without limiting the foregoing, you agree that you will not use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by Dermarefom in its sole discretion. You agree that you will not (a) obtain or attempt to obtain any information from the Website including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether, through the use of a network analyzer, packet sniffer or other devices; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Website. Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user's identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.

 

4.18 Suspension and termination 

If we believe that a breach of this policy has occurred, we may, in our discretion, take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website, suspension or cancellation of your account or Membership, immediate removal of any Contribution, issue of a warning to you, and/or legal proceedings.

 

4.19 Compliance with laws

Depending upon where you are located when using or visiting the Website, you are responsible for compliance with all applicable laws. If the use of the Website or use of any Membership, Products, services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately.

If making any of our Products available in your jurisdiction or to you is prohibited, those Products are not offered for sale to you. You accept that if you live outside the UK, you must satisfy yourself that you are lawfully able to access and/or purchase our Products.

 

4.20 Acceptable use policy 

We want everyone who uses the Website to have a positive and safe online experience – in this Section 4(B) we set out the terms under which you may access the Website and use the services and resources we provide on it. You must comply with the spirit of these terms as well as the letter.

 

4.21 Prohibited uses 

You may only use the Website for lawful purposes.

You may not use the Website:

In any way that breaches any law or regulation.

In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm children or minors in any way.

To send, upload, download, knowingly receive or use any material which does not comply with our content standards.

To transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or similar (e.g., spam).

 

4.22 Content standards 

The standards listed hereunder apply to all and part of any Contribution you make. You acknowledge that Dermarefom has the right to pre-screen your Contribution but has no obligation to do so. Please note that we reserve the right not to publish any particular Contribution on the Website or to remove any Contribution at our sole discretion.

Contributions must:

  • Be accurate

  • Where they state opinions, be genuinely held

  • Comply with all applicable laws

 

Contributions must not:

  • Contain anything defamatory, obscene, offensive, hateful, threatening, harmful to minors, or inflammatory

  • Infringe anyone else's copyright, trademark, or other intellectual property rights

  • Promote or suggest anything unlawful, including copyright infringement or computer misuse

  • Be made in breach of any legal duty, including a contractual duty or duty of confidence

  • Promote any illegal activity

  • Invade another's privacy

  • Contain or promote sexually explicit material or violence

  • Be used for deception or to mislead as to your identity or affiliations

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

  • Be likely to harass, upset, embarrass, alarm, or annoy another person

  • Give the impression that they come from us or any other third party when they do not.

 

4.23 Ownership of your contribution 

By making a contribution:

You grant Dermareform a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable licence to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Contribution or any part of the Contribution in connection with the Website and Dermareform’s (and its successors’ and affiliates’) business, including without limitation for advertising, promoting and redistributing part or all of the Website, Products and packaging (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Website a non-exclusive license to access your Contribution through the Website while the Contribution is made available through the Website. You may take down any of your Contribution at any time; however, you acknowledge and agree that Dermareform may still have access to such Contribution and that the above license granted by you to Dermareform will remain in effect despite your removal of the Contribution from the Website. You hereby represent, warrant and covenant that any Contribution you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the licence specified in this Section 4(B)(iii).

To the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world.

You warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights.

You warrant that your Contribution is not offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offence, gives rise to any liability, violates any law, is otherwise objectionable, or impersonates another person.

You acknowledge that our use of your Contribution will not constitute an infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution).

You agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us.

You release us from any and all claims, liabilities, or damages arising from our use of the Contribution.

You acknowledge and agree that: (a) by using the Website, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and Dermareform has no responsibility to you or any third party for any Contribution that you create, submit, post or publish on or through the Website; (c) Dermareform does not guarantee any confidentiality with respect to your Contribution, and (d) Dermareform is not responsible for any Contribution provided by third parties that you may have access to through your use of the Website and all Contributions are the responsibility of the person from whom such Contribution originated. You acknowledge and agree that (y) Dermareform has no control over and is not responsible for the use of Contributions by its users, including any user that has downloaded Contributions to a personal Device; and (z) Dermareform may not be able to remove Contributions that are downloaded onto a user’s device. Dermareform does not endorse any Contribution, or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability in connection with any Contributions.

For the avoidance of doubt, you acknowledge that your Contribution is your sole responsibility. You agree that, under no circumstances, will Dermareform be liable in any way for any Contribution, including, but not limited to, any errors or omissions in any Contribution or any loss or damage of any kind incurred as a result of the use or distribution of any Contribution transmitted or otherwise made available via the Website.

These terms
Information about us and how to contact us
Our contract with you
Our liability to you and your liability to DERMAREFORM

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