ALL SKIN TERMS AND CONDITIONS OF USE
2. Modifications We reserve the right to, at any time, change the terms and conditions of this Agreement, change the Platform, including eliminating or discontinuing any feature of the Platform, or deny or terminate your use of and/or access to the Platform.
We also reserve the right in our sole discretion to revise and update the terms of this Agreement from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. If we make material changes to this Agreement, we will notify you through a notice on the Platform or by direct communication to you. The date that this Agreement was last revised is identified at the top of this Agreement. You agree to periodically review this Agreement in order to be aware of any such modifications, and your continued use shall be your acceptance of these modifications.
3. Disclaimers GENERAL THE PLATFORM, THE CONTENT, AND THE SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, ALL SKIN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. ALL SKIN DOES NOT WARRANT THAT THE PLATFORM, OR ANY SERVICES AVAILABLE THROUGH THE PLATFORM, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKES THE PLATFORM AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL SKIN DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, SERVICES, MERCHANDISE, OR OTHER INFORMATION PROVIDED THROUGH THE PLATFORM OR ON THE INTERNET GENERALLY. ALL SKIN CANNOT, AND DOES NOT, GUARANTEE YOUR SATISFACTION WITH YOUR USE OF THE PLATFORM. IN NO EVENT WILL ALL SKIN BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE PLATFORM. NO MEDICAL ADVICE ALL MATERIAL AND INFORMATION PRESENTED BY ALL SKIN IS INTENDED TO BE USED FOR PERSONAL, EDUCATIONAL, OR INFORMATIONAL PURPOSES ONLY. THE STATEMENTS AND PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TEST, CURE, MITIGATE, OR PREVENT ANY CONDITION OR DISEASE. ALL GOODS AND PRODUCTS SHOULD BE USED STRICTLY IN ACCORDANCE WITH THEIR INSTRUCTIONS, PRECAUTIONS, AND GUIDELINES. ALWAYS READ THE LABEL BEFORE USING ANY GOODS OR PRODUCTS. YOUR USE OF THE PLATFORM SHOULD NOT SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND YOU SHOULD CONSULT YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING THE USE OF ANY GOODS, PRODUCTS, OR INFORMATION RECEIVED FROM THE PLATFORM BEFORE USING OR RELYING ON THEM. ALL SKIN DOES NOT OFFER MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE OF ANY NATURE, AND IT SHOULD NOT BE IMPLIED OR INTERPRETED AS SUCH. NO PATIENT-PHYSICIAN RELATIONSHIP YOUR USE OF THE PLATFORM DOES NOT ESTABLISH OR CONSTITUTE A PATIENT-PHYSICIAN RELATIONSHIP WITH ALL SKIN OR ANY OF ITS PERSONNEL OR AFFILIATES. ALL SKIN (NOR ITS PERSONNEL OR AFFILIATES) IS NOT YOUR PHYSICIAN, HEALTH CARE PROVIDER, OR HEALTH CARE PROFESSIONAL.
4. User Licence We grant you a limited, non-exclusive, non-transferable, non-sublicensable right and licence to access this Platform for the purpose of accessing and using the services offered through the Platform for personal, non-commercial use. Except with the prior and express consent of All Skin, any use of the Platform not explicitly granted in this Agreement, including for commercial, market research, promotional, or competitive purposes, is strictly prohibited. For example, and without limiting the generality of the foregoing, you may not use the Platform to identify or exploit under-represented product categories or other business opportunities. We reserve the right to pursue legal and equitable remedies against you for a breach of these licence terms.
Except as expressly permitted by this Agreement, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the Platform or the intellectual property of All Skin, or any portion thereof. You may not remove, alter, or reuse in any manner or for any other purpose, any copyright, trademark, or other proprietary notices that have been placed on the Platform. You may not collect and use any pictures or descriptions within the Platform for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of All Skin and/or its licensors and suppliers.
5. User Account You can create an account on the Platform in order to use the services it offers, such as tracking your routines in relation to your skin condition, monitoring and improving your skin care routine, and obtaining recommendations to skin care products tailored to your information. You agree that you will only register and use one (1) user account. You are responsible for ensuring the accuracy of your information.
You authorize us to make any inquiries, directly or through third parties, we consider necessary to validate your identity. This may include asking you for further information or verifying information against third-party databases or through other sources.
Any username and password chosen by or provided to you must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. You agree not to provide any other person with access to the Platform or portions thereof using your username or password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.
6. Payment You may elect to purchase additional functions or features, including premium subscriptions, from the Platform. All billing and transaction processes are handled by the provider of the application store (the "App Store Provider") from which you have downloaded the Platform and are governed by the App Store Provider’s terms and conditions. If you experience any payment-related issues, please contact the App Store Provider directly.
Premium subscriptions will automatically renew annually unless cancelled in advance of the renewal date. If you have purchased a premium subscription, you are responsible for keeping your payment information up to date with the App Store Provider. If your payment information is not kept up to date or your payment cannot be processed, your premium subscription will be cancelled, and you may lose access to certain Platform functions or features.
All purchases made in relation to the Platform are final with no refunds.
7. Our Communications with You You will receive transactional confirmations and communications from us in connection with your use of the Platform. When you register with the Platform, we will also provide you with the option to opt-in to receive additional marketing and promotional communications from us regarding customer service and promotional matters. You may opt-in or opt-out of these marketing or promotional communications by changing your settings in the Platform or using the unsubscribe mechanism provided in these communications. You may not opt-out of receiving transactional communications sent to you in connection with your use of the Platform or interactions with us.
8. Third-Party Websites and Links For your convenience, the Platform may provide links to third-party websites or mobile applications. If you make a purchase from a third-party retailer linked to our Platform, we may receive an affiliate commission.
We make no representations about any other websites that may be accessed from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may not create a link to any part of our Platform other than the homepage without our prior written consent. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms and Conditions. You agree to cooperate with us by immediately stopping any unauthorized framing or linking.
9. User Feedback We welcome feedback, comments, and suggestions from you to improve our Platform and the services it offers (“Feedback”). When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable licence (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
10. Termination or Deactivation of User Account You may close your account at any time by logging in to your account and following the instructions for account closure. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited, so please ensure that all product deliveries are completed before closing your account.
We reserve the right to restrict or remove your access to the Platform, including disabling, suspending, or terminating your account, in our sole discretion at any time and from time to time, for any or no reason, including any violation of any provision of these Terms and Conditions. Without limiting the foregoing, you acknowledge and agree we may elect to terminate your account if you do not log in to your account for a period of two (2) years. 11. Content Rights and Ownership of Intellectual Property All content provided or otherwise made available by All Skin through the Platform, including, but not limited to, text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Platform, as well as their overall design and appearance (the “Content”) is owned, controlled, and/or licensed by or to All Skin and is protected by intellectual property rights and unfair competition laws in Canada.