Terms and Conditions

These terms and conditions, together with any other documents referred to herein set out then terms and conditions on which you may use the website www.theskin.app, the application SKIN and any associated platform (together “theskin.app site”). Your use of theskin.app site is governed by these terms and conditions.

Please read these terms and conditions carefully. If you do not agree to them, you are not entitled to use theskin.app site; if you use theskin.app site, you are deemed to have accepted these terms and conditions.


1.IInformation about theskin.app site   


a) theskin.app site is owned by Kindoor Limited ,a company incorporated in England and Wales with company registration number 12796294 and whose registered office is at Home Farm, Leckhampstead, Buckinghamshire, MK 18 5NN. In these terms and conditions, references to “we” shall be to Kindoor Limited.

b) You can contact us by emailing us at hello@theskin.app or by writing to us at the address in paragraph (a) above.


2. Changes to the terms and conditions 


a) We may change these terms and conditions from time to time. If any changes are made, we will make it clear on our website what changes have been made and will update the terms and conditions on our website with such changes.

b) Any changes made to the terms and conditions will take effect from such time as the terms and conditions containing such changes are updated on our website.


3. Access to and use of theskin.app site   


a) theskin.app site is made available free of charge. It is your responsibility to make such arrangements as are necessary to access theskin.app site. You are responsible for keeping secure any password used by you for accessing theskin.app site.

b) You may not access or use theskin.app site if you are under the age of 13. By accessing theskin.app site, you are representing to us that you are an individual (and not a corporate entity) and that you are at least 13 years old. We have the right to block or terminate your access to theskin.app site if we become aware that you are under the age of 13

c) Access to theskin.app site is provided on an “as is” basis and an “as available” basis. We do not guarantee that theskin.app site or any of its content will always be available or be uninterrupted. We may suspend, withdraw, restrict or discontinue the availability of all or any part of theskin.app site with or without notice. We will not be liable to you in any way if theskin.app site (or any part of it) is unavailable at any time or for any period of time but we will endeavour to give you reasonable notice of any suspension or withdrawal.

d) We may update theskin.app site from time to time to reflect changes to our users’ needs, the law and/or our business priorities. We will endeavour to give you notice of any major changes.     


4. We do not sell beauty products


a) We may feature advertising and promotions on theskin.app site. theskin.app site comprises links to numerous beauty products and clicking on those products redirects to the relevant retail site. You may choose to access this third party content made available by links on theskin.app site if you wish to purchase a product. By accessing such content provided by third parties and by purchasing any products via these sites, you agree also to be bound by and abide by any terms and conditions of use or sale that apply to these sites and purchases. We recommend that you refer to the third party’s website terms and conditions and privacy policy before using the relevant third party’s website.

b) theskin.app site is provided solely as an online venue for connecting retailers with consumers. We are not a party to any transaction or contract with any retailer that you may enter into for the purchase of a product and we have no liability in respect of such products or transactions. We make no warranties or representations as to the quality, safety or legality of any products advertised on theskin.app site. You acknowledge and agree that you are not making a purchase from us and are not entering into a contract with us in relation to any such purchase by you. Your purchase is with the retailer in question and your contract is with that retailer. Any complaint you may have in connection with any purchase by you should be made to the retailer in question and any dispute will be with the retailer. Any claims you may have must be made directly to the retailer concerned and you agree that we are released from any liability to you in respect of any such purchase by you.       

c) Where theskin.app site contains links to other websites and links provided by third parties and information relating to products featured on theskin.app site, including (but not limited to) information about product descriptions, pricing, ingredients and reviews, this is provided for your information only. Stock and prices are updated automatically by the retailers and feed into theskin.app site on a daily basis and we are therefore entirely reliant on the information provided to us by our retail partners. Whilst we use reasonable endeavours to correct any errors or omissions, we make no representations or warranties as to the accuracy or completeness of the information provided by these third parties or posted about third party products or their prices on theskin.app site. We will not be responsible for any advertising on theskin.app site including (but not limited to) any errors, inaccuracies or omissions. We are not responsible for any products sold by third parties which may be accessible via links from theskin.app site. You understand that, by using theskin.app site and by following any links on theskin.app site, you may be exposed to content that is inaccurate or that you may find offensive, indecent or objectionable and that therefore, in this respect, you use theskin.app site at your own risk.

d) By law, sellers are required to provide goods that are of satisfactory quality, fit for purchase and in accordance with any information provided pre-contract and match any samples or models that have been shown to the buyer. As a consumer you have legal rights with respect to the purchase of goods and services; for details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.

e) We do not endorse or approve any third party products or retailers or the content of any third party websites made available by theskin.app site. We make no representation or warranty, and accept no liability, for material published on any website which is not our own. We have no control over the contents of those websites or links and accept no responsibility for them or for any loss or damage that may arise from your use of them. Products, content and materials accessible via links published on theskin.app site have not been verified or approved by us.


5. Restrictions and termination       


a) When using theskin.app site, you must ensure you comply fully with any and all local, national and international laws and regulations.

b) You shall not, except to the extent permitted by any applicable law or otherwise expressly permitted by us:


(i) use theskin.app site is any way or for any purpose that is unlawful or fraudulent or which may expose us or other site users to any harm or liability;

(ii) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, resell or distribute all or any portion of theskin.app site or any content posted thereon or otherwise exploit material from theskin.app site for a commercial purpose in any form or media or by any means;

(iii) attempt to reverse compile, dissemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of theskin.app site

(iv) attempt to gain unauthorised access to all or any part of theskin.app site or attempt to discover the underlying source code or structure or the functionality provided to us, in order to build a product or service which competes with our service;

(v) licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit theskin.app site or otherwise make theskin.app site available to any unauthorised third party;

(vi) use theskin.app site to send, upload or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software or data of any kind;

(vii) use theskin.app site for any purpose other than your personal use or in accordance with these terms and conditions; or

(viii) misuse theskin.app site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to theskin.app site, the server on which it is stored or any server, computer or database connected to theskin.app site. You must not attack theskin.app site via a denial-of-service attack or a distributed denial-of-service attack. If you breach this term, you would be committing a criminal offence under the Computer Misuse Act 1990; we will report any such breach to the relevant law enforcement authorities and co-operate with them by disclosing your identity to them. In the event of such a breach, your right to use theskin.app site will cease with immediate effect.       


c) You may link to the homepage of theskin.app site provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link or frame any content on theskin.app site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to theskin.app site from any website that is not owned by or validly licensed to you and you agree to indemnify us from any loss if that is not the case.

d) We reserve the right to suspend or terminate your access to theskin.app site if you breach the provisions of these terms and conditions. We may also take further legal action against you as we consider appropriate.


6. Intellectual property

a) You acknowledge and agree that we and/or our licensors own all intellectual property rights (including but not limited to copyright and trademarks) in connection with theskin.app site and the service we offer via theskin.app site, including (but not limited to) text, graphics, logos, icons, photographs, images, sound clips, video clips, data compilations, page layout, underlying code and software code and data comprising theskin.app site; such rights are protected by intellectual property laws and treaties throughout the world.

b) Except as expressly stated in these terms and conditions, these terms and conditions do not grant you any rights to, under or in any intellectual property owned by or licensed to us.     

c) You may print off one copy and may download extracts of pages from theskin.app site for your personal use. You may not delete or in any manner alter the copyright, trademark or other proprietary rights notices on any content published on theskin.app site.

d) You must not modify the digital or paper copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

e) Our status and that of any identified contributors as the authors of content on theskin.app site must always be acknowledged.

f) You must not use any part of the content on theskin.app site for commercial purposes without obtaining a licence to do so from us or our licensors. This does not prohibit the normal access, viewing and use of theskin.app site for general information purposes whether by business users or consumers.

g) If you print off, copy or download any of theskin.app site in breach of these terms and conditions, your right to use theskin.app site will cease with immediate effect and you must, at our request, promptly return or destroy any copies of the materials you have made.  


7. Disclaimer, liability and indemnity

a) The content of theskin.app site is provided for general information only. It is not intended to amount to advice on which you should rely. We do not guarantee that any part of theskin.app site is suitable for use in commercial situations or that it provides accurate information or advice on which business decisions should be based. It is your responsibility to take precautions and use common sense when using theskin.app site.

b) theskin.app site may include information and materials posted by other users and third parties. This information and these materials have not been verified or approved by us. The views expressed by others on theskin.app site do not represent our views or values. If you have any complaints about any content posted on theskin.app site, please contact us in accordance with the complaints procedure set out in paragraph 8 below.

c) Although we use reasonable skill and care to ensure theskin.app site is secure and free from viruses and other malware, you need to take responsibility for the security of your own personal details and computer, using your own virus protection software. To the extent permitted by law, we are not liable for theskin.app site being disrupted or unavailable as a result of causes beyond our control (including equipment, communications network or power failure) or for any loss or damage arising from a virus, other malware, hacking or other harmful material or event that may damage your hardware, software, data or other material as a result of you using theskin.app site or any other site referred to on theskin.app site.

d) Although we make reasonable efforts to update the information on theskin.app site to ensure it is correct, to the extent permitted by law, we exclude all representations, warranties and guarantees (whether express of implied) that may apply to theskin.app site or to its content. We do not warrant that your use of theskin.app site will be uninterrupted or error-free or that it will meet your requirements or expectations, that it will be fit for a particular purpose or that it will be compatible with all software and hardware, secure or non-infringing or that any specific results will be achieved. We will not be liable to you for any loss or damage, whether in contract or tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising from  or in connection with use of or any inability to use theskin.app site or use of or reliance on any of its content.

e) We shall not be responsible for any delays, delivery failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and you acknowledge that theskin.app site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

f) You shall, to the extent permitted by law and except as otherwise expressly provided in these terms, be solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to our data centres and for all problems, conditions, delays, delivery failures; all other loss or damage arising from or relating to your networks connections and telecommunications links or caused by the internet is expressly excluded.           

     

g) Subject to paragraph (h) below, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, interruption to business, loss of sales, loss of goodwill or reputation, loss of anticipated savings, loss of business opportunity, loss or corruption of data, economic loss or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms and conditions.

h) Nothing in these terms and conditions limits or excludes any liability on our part for death or personal injury caused by our negligence (including that of our employees), for fraud or fraudulent misrepresentation on our part or for any other matter in respect of which our liability cannot be excluded or restricted by law.


8. Complaints and copyright infringement notification process       

If you have any specific complaints about theskin.app site or any of its content, another user or any other aspects of our service, you can contact us at hello@theskin.app. Please note that we are under no obligation to take any action against a user or any other person unless required by law.   


9. Data protection

For complete details of our collection, processing, storage and retention of personal data including (but not limited to) the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them and, where applicable, data sharing, please see our Privacy Notice and Cookie Policy.

 

10. Communications from us

a) If you subscribe to our beauty news, offers, stock alerts and price alerts, we may send you email notifications relating to such news, offers and alerts and you may opt out from receiving such notifications at any time. All personal information you submit will be collected, used and held by us in accordance with your rights and our legal obligations, as set out in paragraph 9 above.

b) We will send you our newsletter unless you opt out but will never send you marketing emails of any kind without your express consent. If you do give such consent, you may withdraw such consent at any time. Our newsletter will include an opt out link and marketing emails sent by us will include an unsubscribe link. If you opt out of receiving emails from us, it may take a reasonable period for your new preferences to take effect.


11. General   

a) These terms and conditions constitute the entire agreement between us with respect to their subject matter. You acknowledge that you have not relied upon any statement, representation, warranty, assurance or promise made by or on behalf of us that is not set out herein and that you will have no claim for innocent or negligent misrepresentation based on any statement herein.

b) We may transfer or assign our obligations and rights under these terms and conditions to a third party. If this happens, your rights will not be affected and our obligations under these terms and conditions will be transferred to the third party.

c) You may not transfer or assign or sub-contract your obligations and rights under these terms and conditions without our written consent.

d) The contract is between you and us. It is not intended to benefit any other person in any way and no such person will be entitled to enforce any provision of these terms and conditions.   

e) If any of these terms and conditions are found to be unlawful, invalid or unenforceable, such terms and conditions shall be deemed to be severed from the remainder of the terms and conditions which shall continue to be valid and enforceable.

f) No failure or delay by us in exercising any of our rights under these terms and conditions means that we have waived such rights and no waiver by us of a breach of any provision of these terms and conditions means we will waive any subsequent breach. 

g) Nothing in these terms creates a partnership or agency relationship between us. Neither of us has any authority to act as agent for or to bind the other.


12. Law and Jurisdiction

These terms and conditions are governed by and to be construed in accordance with the laws of England and Wales. Any disputes between us shall be subject to the exclusive jurisdiction of the English courts.