Please read these Terms of Service carefully. They contain important information about your rights and obligations. They also contain a disclaimer of warranty and a limitation of liability clause.
1.1 These Terms of Service (as may be amended from time to time) set out the terms on which we provide all our services to you (whether directly or indirectly). By accessing, browsing, and using our website available under www.skin-match.com, www.getskinmatch.com and our social networking pages (together the "Website") or communicating with us either by telephone, and/or electronically, you acknowledge and agree to be bound by these Terms of Service.
1.2 Skin Match Technology may at any time modify these Terms of Service. We will notify you of any changes to these Terms of Service either by emailing you (at the email address notified by you to us on the Website) or via posting a notice on the Website or in any other suitable form.
1.3 The most current version of our Terms of Service is available on the bottom of this Website.
2.1 This Website is operated by Skin Match Technology Switzerland AG, a company duly incorporated in Winterthur, Switzerland.
2.2 References to "Skin Match Technology", "we", "our" and "us" are references to Skin Match Technology Switzerland AG. References to “you” are to the person accessing, browsing or using the Website, or the company or organization on whose behalf such person accesses, browses or uses the Website.
3.1 Skin Match Technology offers a sophisticated technology (software) which is able to connect customers and beauty-product offerings with personalized consultation (the "Services"), however this requires certain information about you.
3.2 We may introduce you to third party vendors and/or manufacturers of beauty products (each a "Partner").
3.3 If you use the Services to purchase a product or service from a Partner, you will be directed to the relevant Partner’s website to complete the transaction. For all transactions made using the Services, you contract by way of a direct legally binding agreement with the Partner (the "Contract"). You do not enter into any form of contractual relationship with Skin Match Technology for the products or services you purchase. Skin Match Technology acts solely as an intermediary agent by providing the Services and our obligations and liability to you are strictly limited to that as set out in these Terms of Service.
3.5 You shall receive a revocable, non-exclusive, non-transferrable, non-sublicensable right (license) to use the Website of us free of charge in the manner that it has been made available to you.
4.1 From time to time, we may provide recommendations of products that might be suitable for your hair and skin type by email or in any other suitable form. These recommendations are generated from information collected by us from experts, our users, beauty brands and in some circumstances, the particular ingredients that are contained in a product. When you register as a user of the Website, you will be asked certain questions about your skin type as well as background information (including age, sex etc.). We aggregate this information on an anonymised basis with information provided by other users and on products that are purchased. This aggregated information provides us with statistical information about the preferences of users with similar skin characteristics.
4.2 Due to the way recommendations are generated, they are general and advisory in nature. You should always review the ingredients in any product recommended by us and try any product you decide to purchase as a result of recommendations on a small patch of skin. We shall not be responsible if a product recommended by us is not suitable for you.
5.1 Where applicable, prices on the Website are displayed including VAT. For the avoidance of doubt, Skin Match Technology shall not be liable if any price quoted on the Website or a Partner’s website is incorrect and in the event that the price for any product quoted on the Website is different to that on any Partner website. The price stated on the Partner website shall be the correct price. No Contract is formed until a partner decides to accept your order.
7.1 By using the Website and/or purchasing any product from any Partner, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
7.2 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service. You also agree not to:
8.1 All trademarks, copyrights, database rights and other intellectual property rights of any nature in the Website together with the underlying software code are owned by Skin Match Technology.
8.2 We permit you to use the Website for your own personal and non-commercial use only and Skin Match Technology grants you a limited license solely for that purpose. You are therefore not permitted to re-sell, re-publish, export, modify, reverse engineer, scrape, copy, display for commercial purposes, download, distribute, transmit or reproduce, any content, information, software, products, or services for any purpose or activity.
8.3 Any unauthorized use of the Website will result in the automatic termination of the license granted by us. Skin Match Technology reserve the right to terminate the license without notice at any time following an unauthorized use by you of the Website.
8.4 Skin Match Technology and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks of Skin Match Technology. They may not be used without Skin Match Technology’s prior express written permission.
8.5 All other trademarks not owned by Skin Match Technology that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Skin Match Technology.
9.1 By using the Website and register an account, you consent to receiving electronic communications and notices from Skin Match Technology.
9.2 You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
10.1 Skin Match Technology provides the Website "as is" and without any warranty or condition, whether express, implied or statutory. Skin Match Technology specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Skin Match Technology assumes no liability or responsibility for any errors or omissions in the Website or offers or promotions made available to you or on your behalf through the Website; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Website, including, without limitation, any damage to your mobile device; or any conduct by users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion.
10.2 In no event shall Skin Match Technology, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage. Skin Match Technology does not seek to exclude liability for death or personal injury caused by any negligence, or fraud or fraudulent misrepresentation on the part of Skin Match Technology. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
10.3 In using or accessing third party services, promotions and websites, (including those of our Partners) you agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
10.4 We use reasonable endeavours to ensure that information on the Website is correct and not misleading. However, some information is provided by our Partners and/or our users. We shall not be responsible for any inaccurate, incomplete, misleading, untrue or incorrect information displayed on the Website (including manifest and typographical errors) or for any interruptions (whether due to scheduled or unscheduled repair, upgrade or maintenance, any failure of the Website (whether or not our fault)) or for any failure by a Partner to deliver any goods purchased by you. The Website does not represent a guarantee as to quality, experience or value for money by us or any user.
11.1 You agree to indemnify and hold Skin Match Technology, and each of its respective shareholders, directors, officers, employees, agents and Partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your violation of any law, the rights of any third party, these Terms of Service or any Contract that you have entered into.
12.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, Skin Match Technology’s advertising or any related transaction between you and Skin Match Technology shall be governed by and construed in accordance with the law of Switzerland, to the exclusion of international treaties, in particular the United Nations convention on Contracts for the International Sale of Goods (Vienna 1980).
12.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Winterthur, Switzerland.
13.1 Skin Match Technology may change, discontinue, suspend or cease to provide the Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that you violate any of the terms and conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease access to the Website.
14.1 These Terms of Service are agreed between Skin Match Technology and you. No other person shall have any rights under or connection with these Terms of Service.
14.2 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
14.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
14.4 Skin Match Technology will not be liable for any cancellation charges, postal costs, loss or damage suffered by you or for any failure by any Partner or Skin Match Technology to perform or properly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) if the non performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and other unforeseeable causes beyond Skin Match Technology's control.
14.5 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
14.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent.
14.7 These Terms of Service set forth the entire understanding and agreement between you and Skin Match Technology with respect to the subject matter hereof and you shall not be able to rely on any pre-contractual statement made prior to agreeing to these Terms of Service.
15.1 If you have any questions about these Terms of Service or the use of the Website, please contact us at email@example.com