Introduction
In using this website, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions. Privacy Statement and Disclaimer Notice and any or all Agreements; “Client”, “You” and ““Your” refers to you, the person accessing this website and accepting the Companies Terms and Conditions. “The Company”, “Ourselves”, “We”, and “Us”, refers to our Company. “Party” and “Parties” refers to both the Client and ourselves or either the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings or a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Companies stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
RETURNS / FAULTY GOODS
If you receive a faulty, incorrect or unfit for purpose product, please do NOT dispose of the product. If the product is disposed of Lifderma ltd will not be able to refund or replace the product. We ask for you to contact our office immediately in which we can advise you on the next step. We are unable to accept returns, unless deemed faulty, incorrect or not fit for purpose. Once products have left our supply chain, we are unable to assure products are of acceptable quality and have been stored as per manufacturer’s advice. In the interests of patient safety, returned products would not be able to be re-sold. Apologies for any inconvenience caused.
1. Agreement
By using any websites or purchasing or using any products or services from Lifderma, you agree to the terms and conditions of this agreement, including, without limitation, the arbitration provision in section 19 below. Some of our products and services have additional rules, policies, and procedures (“additional terms”). Where additional terms apply to a product or service, we will make them available for you to read through your use of that product or service. By using that product or service, you agree to the additional terms. We reserve the right to change the terms and conditions of this agreement or to modify or discontinue the products and services provided on the websites at any time. If we change this agreement, we will give you notice by posting the revised agreement on the applicable website(s). Those changes will go into effect on the revision date shown in the revised agreement.
By continuing to use any websites or purchase or use any products or services from Lifderma after the revision date, you agree to be bound by such changes.
Eligibility
You agree to provide us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our websites. If you are under 18, you may only use our websites with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials in the Websites are presented solely for the purpose of promoting products available in the UK. Lifderma makes no representation that materials contained in the Websites are appropriate or available for use in other locations. Those who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Lifderma products ordered from the Websites cannot be shipped into another country outside of the UK. Purchase and/or use of any Lifderma products or services outside of the UK are governed by the Terms and Conditions of use and other policies contained on the websites specific to each country where they are available.
Acceptable Use of the Websites
You are responsible for your use of the Websites, and for any use of the Websites made using your account. When you use the Websites, you may not:
• Violate any law or regulation.
• Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights.
• Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
• Send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 13 below).
• Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Websites.
• Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.
• Stalk, harass, or harm another individual.
• Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing.
• Use any means to scrape or crawl any Web pages contained in the Websites (although Lifderma may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Lifderma reserves the right to revoke these exceptions either generally or in specific cases).
• Use automated methods to use the Websites.
• Attempt to circumvent any technological measure implemented by Lifderma or any of Lifderma providers or any other third party (including another user) to protect the Websites.
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites; or
Advocate, encourage, or assist any third party in doing any of the foregoing.
Testimonials
The testimonials reflect the actual experience of each individual and are meant to be interpreted as anecdotal evidence. They may not reflect the reality of the efficacy of Lifderma products.
Online Purchases
When any user registers an account online with Lifderma, they will receive an Lifderma a welcome email with necessary information. All users of the Website who wish to access account information will need to establish a password. The user is solely and entirely responsible for any activity under the respective Account. Please notify Lifderma of any suspected behaviour that may have not originated from your Lifderma Account.
Restriction on Internet Sales, Reselling and Diversion
You hereby agree not to sell or permit the resale of any Lifderma product, whether purchased by you on the Websites or elsewhere, on any internet site or through any other online channel. Lifderma takes the diversion of its medical-grade line of skin care products very seriously. We believe that product diversion harms our brand, our customers, and the end users who purchase and use Lifderma products. You hereby acknowledge and agree that the sale of any Lifderma product(s) on the internet or otherwise as prohibited by this Agreement will damage Lifderma’s brand reputation and business as well as the business of Lifderma’s customers and agree to pay Lifderma the sum of five hundred pounds (£500.00) as liquidated damages for each unit of Lifderma products sold by you in any manner in contravention of this Agreement.
Ownership & Copyright Restrictions
The Websites are owned and operated by Lifderma. The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items and the compilation (“Content”), are copyrighted under copyright and other laws by Lifderma or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Websites or elsewhere. You agree not to interfere or take action that results in interference with or disruption of the Websites or servers or networks connected to the Websites. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites.
Electronic Disclosure
You agree that all documents, including but not limited to, this Lifderma Website Terms and Conditions, the Lifderma Privacy Policy, and other documents which may apply depending on whether you are a Skincare Professional or Customer, as well as all notices, disclosures and records (collectively, “Disclosures”) relating to your account with Lifderma will be sent to you electronically at the email address indicated by you in the account registration form or by viewing the Disclosures on the Internet. You agree to promptly notify us of any changes in your email address or your home address by updating your profile online or by completing the Contact Us form at the Website.
Copyright Permission
Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement. Any images, pictures, content or text on the Website cannot be downloaded or copied due to copyright laws. All other rights reserved.
Trademarks
All content, product names, trademarks, service marks and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by Lifderma or its affiliates. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
Privacy Policy
Lifderma has strict customer information confidentiality policies as set forth in its online Privacy Policy, which is fully incorporated herein by reference. You agree to be bound by Lifderma Privacy Policy. Consistent with these policies, you may not collect, distribute or gather personal or aggregate information, including Internet or e-mail addresses, about Lifderma Website users.
Anti-Spam Policy
Lifderma strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending any commercial electronic message to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless express consent has been obtained from the message/email recipient or unless a business or personal relationship has already been established with the message/email recipient. Lifderma also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Lifderma , and/or its products and services. Lifderma prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
Disclaimer
Lifderma does not make any representations or warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or usefulness with respect to Lifderma’s products and services, this website, information contained on the website, the Lifderma replicated website program or the Lifderma opportunity (collectively hereafter, “service”).
This service is provided “as is.” you may rely on this service solely at your own risk. Advice, opinions and statements should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. We do not warrant that this service will be uninterrupted or error-free, and there may be delays, omissions, interruptions and inaccuracies in the information or other materials that are available on or through this service.
You assume full responsibility and risk of loss, including loss of data, resulting from your downloading and/or use of this website or this service. Although we intend to take reasonable steps to prevent the introduction of viruses and other destructive materials to this service, we do not guarantee or warrant that this service or materials that may be downloaded from this service do not contain such destructive features. We are not liable for any damages or harm attributable to the foregoing. We make no representations or warranties regarding skin care professionals’ websites, including warranties of merchantability or fitness of purpose. You should not rely on any representations or warranties contained on any skincare professional’s website.
Limited liability
To the maximum extent permitted by applicable laws, you agree that Lifderma, its affiliates, agents, skincare professionals, and their respective officers, directors, employees, and agents will not be liable for any claim, loss, damages, expenses or costs whether direct or indirect, including consequential or special damages, lost profits or otherwise, arising out of or relating in any way to this agreement, your use or inability to use this service, your purchase or use of Lifderma products, services or information, your participation as an Lifderma independent consultant, or from unauthorized access to or alteration of your transmissions or data.
To the maximum extent permitted by applicable laws, you hereby waive any claims with respect thereto, whether based on contractual, tort, or other grounds, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for limited liability or exclusion of implied warranties, so not all of the above limitations may apply to you.
Indemnification
You agree to indemnify and hold harmless Lifderma, its affiliates, agents, skincare professionals, and their respective officers, directors, employees, and agents from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of or in any way related to your use of this service, sale or information regarding Lifderma products, the Lifderma opportunity, or in connection with your account or any other person’s use or access to this service by or through your account, with or without your permission, including without limitation any claims of libel, defamation, violation of rights of privacy or publicity, trespass, and infringement of intellectual or other proprietary rights.
Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of England without regard to any conflict of laws principles.
Unenforceability
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
Conflicts
If at any time you have agreed or agree to the Lifderma Independent Consultant Application & Agreement, to the extent of any conflict between the terms of the LIFDERMA Independent Consultant Application & Agreement and the terms of this Agreement (including, without limitation, any conflict with respect to dispute resolution terms), the terms of the Lifderma Professional Application & Agreement shall apply and control.
Notices
You may contact us by writing or calling us at the address and/or telephone number listed below:
C/O TMC London Accountants, 17, Hanover Square, London, England, W1S 1BN PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK THE WEBSITES FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.