Disclaimer
SKIN TRUST CLUB services provided have not been reviewed by the European Medicines Agency. SKIN TRUST CLUB services allow users to access genome sequencing to understand the unique characteristics of their skin and identify skincare products and routines that suit their unique skin microbiome. SKIN TRUST CLUB services are not intended to diagnose, treat, cure or prevent any disease. SKIN TRUST CLUB services should not be used to make medical decisions.
The information provided in SKIN TRUST CLUB services is not intended to substitute for such consultations with your healthcare practitioner nor medical advice specific to a skin condition.
SKIN TRUST CLUB disclaim any liability arising out of your use of SKIN TRUST CLUB services or for any adverse outcome from your use of the information provided by SKIN TRUST CLUB services for any reason, including but not limited to any misunderstanding or misinterpretation of the information provided through SKIN TRUST CLUB services.
*SKIN TRUST CLUB do not make any claims, representations or provide any warranty regarding the use or results for any SKIN TRUST CLUB product suggestions and we disclaim any responsibility or liability to you whatsoever regarding your use of these suggested products.
1. Definitions
a.”SKIN TRUST CLUB or “we”,”us” or “our” means SKIN TRUST CLUB a brand name of Innovenn UK Limited, whose principal place of business is at York Biotech Campus, Sand Hutton, York, England, YO41 1LZ.
b.”Test” or “Testing” means SKIN TRUST CLUB genome sequencing to understand the unique characteristics of users skin and identify skincare products and routines that suit their unique skin microbiome.
c.”Personal Information” is information that can be used to identify you, either alone or in combination with other information.
d.”Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
e.”Web Behavior Information” is information on how you use the SKIN TRUST CLUB website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
f.”Aggregated Test Data” is SKIN TRUST CLUB Services results that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimize the possibility of exposing individual-level information while still providing scientific evidence.
g.“Services” the services offered by SKIN TRUST CLUB which includes Testing.
h.”Website” means online site located at www.skintrustclub.com
2. Acceptance of Terms
a.You agree to use SKIN TRUST CLUB Services in accordance with these Terms of Service (“TOS”).
b.Except as specified herein, these TOS apply to any use of SKIN TRUST CLUB Services, including but not limited to:
c.submitting a skin sample for genome sequencing;
d.creating and using a SKIN TRUST CLUB account without providing your skin sample.
e.By using SKIN TRUST CLUB Website, you agree to these TOS. You may not use the SKIN TRUST CLUB Services if you do not accept these TOS.
f.When using particular elements of SKIN TRUST CLUB Services, you may be subject to additional guidelines or rules applicable to such elements of the Services and such guidelines or rules will be made available to you from time to time. These guidelines or rules form part of the TOS.
3. Eligibility
1. You may not use SKIN TRUST CLUB Services and may not accept the TOS if:
a. you are not of legal age to form a binding contract with SKIN TRUST CLUB; or
b. you may not use SKIN TRUST CLUB Services if you are, unless authorised by SKIN TRUST CLUB, using the SKIN TRUST CLUB Services for a business or commercial purpose, or any purpose other than personal use.
4. Ordering the Test
a. You can place orders for SKIN TRUST CLUB Services by following the process outlined on our Website. You acknowledge that by placing an order with us you will be under an obligation to pay for the Services in that order.
b. SKIN TRUST CLUB order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
c. All orders are subject to acceptance by SKIN TRUST CLUB. We will send you an email to confirm acceptance. The contract between you and us will only be made when we send you this email to confirm acceptance. SKIN TRUST CLUB will charge your chosen payment method after we accept your order.
d. If you change your mind about your order, you can cancel your order in accordance with our refunds policy.
e. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order.
5. Payment
a. The price of SKIN TRUST CLUB Services will be as quoted on our Website.
b. The price of the Services may change from time to time, but changes will not affect any order SKIN TRUST CLUB have accepted.
c. The price of SKIN TRUST CLUB Services excludes delivery costs, which will be added to the total amount due. We offer standard and express delivery and you can see the relevant delivery charges for the sample collection kit on the shipping page of our order process.
d. SKIN TRUST CLUB accept payment with the payment methods listed on our Website. You must pay for SKIN TRUST CLUB Services and any applicable delivery charges in advance.
e. By submitting an order through our Website, you are confirming that the payment details provided on your order are valid and correct.
6. Tracking Your Order
a. Your SKIN TRUST CLUB profile homepage displays the ongoing status of your order from the time you register your SKIN TRUST CLUB Test kit until you receive your results. See www.skintrustclub.com/my-account
b. Please note that we only deliver sample collection kits to addresses in the [United Kingdom, Ireland and continental United States of America]
c. Your estimated delivery date for your sample collection kits will be as set out in the email confirmation following your order.
d. Although we will make every reasonable effort to ensure your sample kit and the results are delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the Testing or our delivery partner. For example, the laboratory may not be able to process your sample if it does not contain a sufficient volume of skin cells.
e. Your order will be completed when we make your results available to you.
7. Cancellation and Refunds
a. You have a legal right to cancel the contract between you and SKIN TRUST CLUB within 14 days after the date on which you receive the order confirmation email ( when SKIN TRUST CLUB accepts your order). You can find more information about how to cancel an order in our refunds policy.
8. Description of SKIN TRUST CLUB Services
a. SKIN TRUST CLUB Services include access to SKIN TRUST CLUB public Website and personal genome sequencing Test, including the collection and analysis of your skin sample.
b. You acknowledge and agree that the Services are provided using the current state of the art genome sequencing research and technology available at the time of providing the Services.
c. As research progresses and scientific knowledge and technology evolve, SKIN TRUST CLUB is constantly innovating in order to provide the best possible experience for its users. You therefore acknowledge and agree that the form and nature of the SKIN TRUST CLUB Services which the SKIN TRUST CLUB provides may change from time to time.
d. As part of this continuing innovation, you acknowledge and agree that SKIN TRUST CLUB Services may stop (permanently or temporarily) providing SKIN TRUST CLUB Services to you or to users generally at SKIN TRUST CLUB’s sole discretion.
e. You may stop using the Services at any time. You do not need to specifically inform SKIN TRUST CLUB when you stop using the Services unless you are requesting closure of your account.
f. SKIN TRUST CLUB assumes no responsibility for the use of SKIN TRUST CLUB Services outside the terms of this TOS or other applicable terms.
9. Important Issues Regarding SKIN TRUST CLUB Testing
a. The laboratory may not be able to process your skin sample, and the laboratory process may result in errors. The laboratory may not be able to process your skin sample if it does not contain a sufficient volume of cells, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, SKIN TRUST CLUB will reprocess the same sample at no charge to you. If the second attempt to process the same sample fails, SKIN TRUST CLUB will offer to send another kit to you to collect a second sample at no charge. If you send another sample and SKIN TRUST CLUB’s attempts to process the second sample are unsuccessful, SKIN TRUST CLUB will not send additional sample collection kits and you or the person who paid for the Test (if that is not you) will be entitled to a complete refund of the amount paid to SKIN TRUST CLUB.
b. In this event, you will not resubmit another sample through a future purchase of the Test. If you breach these TOS and resubmit another sample through a future purchase of SKIN TRUST CLUB Test and processing is not successful, SKIN TRUST CLUB will not offer to reprocess the sample or provide you or the person who paid for the Test (if that is not you) a refund.
c. The above sets out our sole responsibility to you in the event that we are unable to process your sample.
d. Please further note that future scientific research may change the interpretation of your Test results and the scientific community may show previous research to be incomplete or inaccurate.
e. SKIN TRUST CLUB Testing is for informational and research use only. We do not provide medical advice. SKIN TRUST CLUB Testing is not intended to be used by you for any diagnostic purpose and is not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any skin condition or disease.
f. SKIN TRUST CLUB does not endorse, promise or guarantee the effectiveness of any specific course of action, resources, tests, products, biologics, drugs, medical devices or other products, procedures, opinions or other information that may be mentioned on our Website.
g. You should not take any decisions about your health based on the information you receive through SKIN TRUST CLUB Services and, if you do, you do so entirely at your own risk.
10. Your Promises
By using SKIN TRUST CLUB Services, you agree to, acknowledge, and promise as follows:
a. You understand that information you learn from the Test results is not designed to diagnose, prevent, or treat any skin condition or skin disease or to ascertain the state of your health in the absence of medical and clinical information.
b. You understand that SKIN TRUST CLUB Tests are intended for research and informational, and that while SKIN TRUST CLUB Test results may identify possible treatments, you should not take any decisions about your health based on the information you receive through the Test and you are strongly advised to seek the advice of your doctor or other health care provider if you have questions or concerns arising from your Test results.
c. You give permission to SKIN TRUST CLUB, its contractors, successors and assignees to perform genome sequencing on your skin sample and you specifically request SKIN TRUST CLUB to disclose the results of analyses performed on your sample to you.
d. You promise that you are at least eighteen (18) years of age if you are providing a skin sample.
e. You agree that any skin sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
f. You understand that all your Personal Information will be stored in SKIN TRUST CLUB databases and will be processed in accordance with the SKIN TRUST CLUB Privacy Statement.
g. You understand that by providing any sample, and in having the Test carried out on your skin sample, you acquire no rights in any research or commercial products that may be developed by SKIN TRUST CLUB or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Test.
h. You agree that you have the authority, under the laws of the country in which you reside, to provide these promises. In case of breach of any one of these promises SKIN TRUST CLUB may suspend or terminate your account and refuse any and all current or future Services and you will reimburse SKIN TRUST CLUB and its affiliates against any liability, costs, or damages suffered by SKIN TRUST CLUB and its affiliates arising out of the breach of the promises.
11. Account Creation, Customer Account, Password and Security Obligations
You agree to:
a. provide true, accurate, current, and complete Registration Information about yourself as prompted by the Services; and
b. maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.
c. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if SKIN TRUST CLUB has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, SKIN TRUST CLUB may suspend or terminate your account and refuse any and all current or future use of the Services.
d. After you have purchased our Services, you will need to create a password and account designation to access the Test results.
e. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access your account through your username and password, you will reimburse SKIN TRUST CLUB and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use.
f. You agree to immediately notify SKIN TRUST CLUB of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session.
g. SKIN TRUST CLUB cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
12. SKIN TRUST CLUB Privacy Statement and Disclosure of Information
Your privacy is important to us. You should read our Privacy Statement which sets out how we collect, use and share information about you.
13. Customer Conduct – Unlawful and Prohibited Use
13.1 You must not use the Services:
a. for any purpose that is unlawful or prohibited by these TOS or any notices displayed on our Website;
b. outside of the [United Kingdom, Ireland and continental United States of America]
c. to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
d. to engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of SKIN TRUST CLUB’s Website;
e. to attempt to or actually override any security component of SKIN TRUST CLUB Website; or
f. intentionally or unintentionally violate any applicable local, state, national or international law or any applicable regulations having the force of law.
13.2 You acknowledge and agree that you are solely responsible for (and that SKIN TRUST CLUB has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which SKIN TRUST CLUB may suffer) of any such breach. In case of breach of any one of these agreements SKIN TRUST CLUB may suspend or terminate your account and refuse any and all current or future Services and you will defend and indemnify SKIN TRUST CLUB and its affiliates against any liability, costs, or damages arising out of your breach of the TOS.
13.3 If you breach the terms of this section and/or SKIN TRUST CLUB has a reasonable grounds to suspect that you have breached the terms of this section, SKIN TRUST CLUB may suspend or terminate your account and refuse any and all current or future use Services.
14. Aggregated Test Data.
a. Your skin sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our Website for more information on sample processing. The Test results derived from your skin sample remains your information as set forth in these TOS and our Privacy Statement.
b. You understand that you should not expect any financial benefit from SKIN TRUST CLUB as a result of having your skin sample processed; the Test results made available to you; or, as provided in our Privacy Statement and TOS, shared with or included in Aggregated Test Data shared with research partners, including commercial partners.
c. As stated above, you understand that by providing a skin sample, having your skin sample processed and the Test results made available to you, and included in Aggregated Test Data you acquire no intellectual property or similar rights in any research or commercial products that may be developed by SKIN TRUST CLUB or its collaborating partners use of Aggregated Test Data. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Test results forming part of the Aggregated Test Data.
15. Modifications to the Services
a. SKIN TRUST CLUB may at any time and from time to time to modify or discontinue, temporarily or permanently, the Services to reflect changes in technology, commercial practice, behaviors, our business and the way users use our Services and applicable law and rules.
b. SKIN TRUST CLUB will use reasonable efforts to notify you of any significant changes to the Services.
c. You acknowledge and agree that SKIN TRUST CLUB shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
16. Termination
a. The TOS will continue to apply until terminated by either you or SKIN TRUST CLUB as set out in this section.
b. If you want to terminate your legal agreement with SKIN TRUST CLUB, you may do so by notifying SKIN TRUST CLUB at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to via email to info [@] skintrustclub.com SKIN TRUST CLUB will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
c. SKIN TRUST CLUB may, at any time, by notice terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:
1. you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS) and have failed to remedy such breach on fifteen days notice in writing to you;
2. SKIN TRUST CLUB is required to do so by law;
3. SKIN TRUST CLUB is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or
4. the provision of the Services to you by SKIN TRUST CLUB is, in SKIN TRUST CLUB’s opinion, no longer commercially viable.
d. You acknowledge and agree that SKIN TRUST CLUB shall not be liable to you or any third party for any termination of your legal agreement with SKIN TRUST CLUB.
17. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and SKIN TRUST CLUB have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Eligibility); 8.(Description of the Services); 9.(Important Issues Regarding SKIN TRUST CLUB Services); 10.(Representations); 11.(Account Creation, Customer Account, Password and Security Obligations); 12.(SKIN TRUST CLUB Privacy Statement and Disclosure of Information); 13.(Customer Conduct – Unlawful and Prohibited Use); 16.(Termination); 17.(Survival of Terms); 18.(Dealings with Information Providers and Listed Resources); 19.(Hyperlinks and SKIN TRUST CLUB Website); 20.(SKIN TRUST CLUB Proprietary Rights); 21.(DISCLAIMER OF WARRANTIES); 22.(LIMITATION OF LIABILITY); 23.(Notice); and 25.(Miscellaneous), shall continue to apply to such rights, obligations, and liabilities indefinitely.
18. Dealings with Information Providers and Listed Resources
a. Your correspondence or business dealings with—or participation in promotions of—information providers, vendors, and/or resources found on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource.
b. You acknowledge and agree that SKIN TRUST CLUB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Website.
19. Hyperlinks and SKIN TRUST CLUB Website
a. The Website provides, and third parties may provide, links to other sites and resources on the Internet. Because SKIN TRUST CLUB has no control over such sites and resources, you acknowledge and agree that SKIN TRUST CLUB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
b. You further acknowledge and agree that SKIN TRUST CLUB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
20. SKIN TRUST CLUB’s Proprietary Rights
a. You acknowledge and agree that SKIN TRUST CLUB (or SKIN TRUST CLUB’s licensors, as applicable) own all legal right, title, and interest in and to the Services including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
b. You further acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
c. SKIN TRUST CLUB, and SKIN TRUST CLUB logos and product and service names are trademarks of Innovenn UK Limited and these marks together with any other SKIN TRUST CLUB trade names, service marks, logos, domain names, and other distinctive brand features are the “SKIN TRUST CLUB Marks”. Nothing in the TOS gives you a right to use any SKIN TRUST CLUB Marks and you agree not to display, or use in any manner, SKIN TRUST CLUB Marks.
d. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Website.
e. You agree not to access the Services by any means other than through the interface that is provided by SKIN TRUST CLUB. Any rights not expressly granted herein are reserved.
21. Disclaimer of Warranties
a. ALTHOUGH SKIN TRUST CLUB ATTEMPTS TO PROVIDE THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE, AS SET OUT IN THIS CLAUSE 21 THERE ARE CERTAIN THINGS THAT WE DO NOT PROMISE ABOUT OUR SERVICES.
b. SKIN TRUST CLUB DOES NOT MAKE ANY PROMISES ABOUT THE SERVICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE RELIABLE OR BE AVAILABLE WHEN YOU WANT TO ACCESS THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
c. DUE TO THE INHERENT NATURE OF SOFTWARE, THE INTERNET, TELECOMMUNICATIONS NETWORKS AND WEBSITES, SKIN TRUST CLUB DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE WHEN YOU WANT TO USE THEM, ERROR-FREE OR THAT ANY COMMUNICATIONS MADE USING THE SERVICES OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES WILL BE SECURE.
d. CERTAIN TERMS MAY BE AUTOMATICALLY INCLUDED INTO THIS AGREEMENT BY LAW. THESE TERMS RELATE TO THE QUALITY OF THE SERVICE PROVIDED, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT THAT SKIN TRUST CLUB IS ALLOWED DO SO BY LAW, WE EXCLUDE THESE TERMS FROM THIS AGREEMENT.
e. SKIN TRUST CLUB DOES NOT GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS AND SKIN TRUST CLUB WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGE ARISING FROM ANY VIRUS OR OTHER HARMFUL COMPONENT IN ANY OF THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU ARE ADVISED TO BACK-UP OR STORE SECURELY YOUR CONTENT AND USER CONTENT.
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKIN TRUST CLUB OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY PROMISE NOT EXPRESSLY STATED IN THESE TOS.
g. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY.
h. SKIN TRUST CLUB DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, SKIN TRUST CLUB SPECIFICALLY DOES NOT ACCEPT ANY RESPONSIBILITY WITH REGARD TO YOUR ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
22. Limitation of Liability
a. TO THE EXTENT PERMITTED BY LAW, SKIN TRUST CLUB’S TOTAL RESPONSIBILITY FOR ANY AND ALL CLAIMS YOU MAKE UNDER THESE TOS (INCLUDING IMPLIED TERMS) OR RELATED TO THE USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID (OR SOMEONE PAID TO US ON YOUR BEHALF) FOR ACCESS TO THE SERVICE OR FIFTY ENGLISH POUNDS, WHERE NO AMOUNT IS PAID TO US.
b. IN EVERY CASE, SKIN TRUST CLUB WILL NEVER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
c. TO THE EXTENT PERMITTED BY LAW, SKIN TRUST CLUN WILL NEVER BE RESPONSIBLE FOR ANY CONSEQUENTIAL LOSSES OR INDIRECT LOSSES.
d. TO THE EXTENT PERMITTED BY LAW, SKIN TRUST CLUB WILL, UNLESS CAUSED BY OUR NEGLIGENCE, IN EVERY AND ALL CASES NEVER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM:
i) THE USE OR THE INABILITY TO USE THE SERVICES;
ii) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES;
iii) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
iv)THE C OST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
vi) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR
vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
23. Notice
a. Notices to you may be made via email. SKIN TRUST CLUB may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Website.
b. Official notices related to this TOS must be sent to us at:[ email address]
c. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
24. Changes to the Terms of Service
a. SKIN TRUST CLUB may make changes to the TOS from time to time to reflect changes in our Service, technology, commercial practice, behaviors, our business and the way users use our Service and applicable law and rules. When these changes are made, SKIN TRUST CLUB will make a new copy of the TOS available on its Website and any new additional terms will be made available to you from within, or through, the affected Services.
b. SKIN TRUST CLUB will use reasonable efforts to notify you of any significant changes to the TOS.
c. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, SKIN TRUST CLUB will treat your use as acceptance of the updated TOS.
25. Miscellaneous
a. SKIN TRUST CLUB intends to rely on these TOS as setting out the written terms of our relationship with you unless we have both agreed to a separate written agreement between us that expressly governs over this TOS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
b. For any dispute with SKIN TRUST CLUB, you will first contact us at [EMAIL] and attempt to resolve the dispute with us informally. In the unlikely event that SKIN TRUST CLUB has not been able to resolve a dispute it has with you after attempting to do so informally, we will discuss with you and agree the most effective way of resolving our dispute using mediation or arbitration based on the nature of our dispute. Nothing in this section shall prevent either of us from seeking injunctive (emergency) relief or other equitable relief from the courts for matters relating to data security, intellectual property or any other proprietary rights.
c. These TOS shall be governed by the laws of England and Wales we each agree that any dispute that goes to court will be heard in the courts of England and Wales.
d. If you do not comply with this agreement and we do not take action immediately, this does not mean that we have given up any rights that we may take action in the future.
e. A printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
f. The section titles in the TOS are for convenience only and have no legal or contractual effect.
g. If any provision or portion of these TOS is found to be unenforceable, this will not affect the remaining provisions or portion.
h. You may not transfer any rights or obligations under this TOS. Any transfer will be ineffective. We may freely transfer or delegate all rights and obligations under this TOS and you consent to such transfer.