Terms and Conditions – Skin Rocks

Terms and Conditions

End User Licence Agreement
Skin Rocks
Last updated: 28th June 2022

 

1. INTRODUCTION

1.1 These terms and conditions (the ‘T&Cs’) govern your use of the Skin Rocks app made available by Skin Rocks Limited (the “App”). We've tried to keep them as short as possible, to help you understand how you can use the App.

1.2 If you don't want to or cannot agree to these T&Cs, then you must not download or use the App. By downloading, installing, updating or using the App, or by clicking ‘accept’ or similar (where applicable), you agree to these T&Cs.

1.3 We may offer the App through application stores (each a ‘Store’) including, without limitation, the Apple App Store. You may need a Store account to access and use the App, and your use of each Store is subject to the terms of use applicable to that Store (as may change from time to time).

2. SUMMARY

2.1 These T&Cs are a legal agreement between us, please read them carefully.

2.2 These T&Cs describe how you are allowed to use our App.

2.3 If you break these T&Cs, we may stop you using the App, contact you about your use or exercise other rights available to us.

2.4 Our App is provided on an ‘as is’ and ‘as available’ basis and we make no (and hereby disclaim all) representations and warranties with respect to the App, subject to your mandatory consumer rights, to the extent permitted by applicable law, except for those expressly stated in these T&Cs.

2.5 You may not use the App for commercial purposes, it is licensed only for your personal use as described further in these T&Cs.

2.6 These T&Cs may change from time to time. Please refer to section 10.2 below.

3. HOW YOU MAY USE THE APP

3.1 Provided you follow these T&Cs, you can use the App for your non-commercial, personal use as described herein. In particular, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and licence to use the App to browse and view the content we make available from time to time through our App (“Content”).

3.2 You will need to provide certain information to register an account and choose a username and password. You are responsible for all use of your account by any person. You should keep your username and password confidential, and you are not permitted to share access to the App with anyone else. Please let us know straight away if you think your account details might have been compromised.

3.3 Use of the App and Content is subject to restrictions:

   3.3.1 you may not (and may not allow others to) share, rent, publicly display, exhibit, resell or otherwise distribute or make available, the App or any Content, to anyone else; 

   3.3.2 you may not (and may not allow others to) reproduce, or make public or commercial use of the App or any Content (for example, and without limitation, you may not use the App as part of your business or any other business, to assist you in advising or recommending products to your customers or prospective customers – if you would like to discuss commercial use of our App, please get in touch with us using the contact details at the end of these T&Cs);

   3.3.3 you may not (and may not allow others to) modify, adapt, decompile, reverse engineer, disassemble, or decrypt the App or any part of it (except as permitted by applicable law).

3.4 If we are threatened with or face legal action because you break these T&Cs, we may hold you responsible and you will need to compensate and pay us back for any damage or losses we suffer as a result, including legal and other expenses.

3.5 If you do not comply with these T&Cs, we have the right to suspend, terminate or otherwise take under review your right to use the App.

4. OUR APP & CONTENT

4.1 The App and Content available through the App are protected by intellectual property rights (including copyright and trade mark rights) owned by us or third parties including our licensors. You have no intellectual property or other rights in, or to, the App or the Content, and are only granted a limited licence to use (not sold) the App and Content in accordance with these T&Cs. All rights in the App and Content are reserved by us and our licensors.

4.2 If you believe Content on the App infringes your copyright or other intellectual property rights, please let us know using the contact details set out at the end of these T&Cs. When reporting suspected copyright infringement please clearly identify the Content in question, and ensure you include your contact details and confirmation that you own the relevant rights and have not authorised its publication so we can consider whether it ought to be removed.

4.3 We may change the Content available through the App from time to time without notice. We may also issue updates or make changes to the functionality or requirements of the App from time to time (for example, to address security issues, changes in device technology and operating systems, or the availability of certain features) and you may need to update to continue using the App.

5. OUR LIABILITY

5.1 Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs:

   5.1.1 our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;

   5.1.2 if, as a result of a defect, the App or Content damages your device or digital content belonging to you, and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

5.2 Other than as mentioned above, our overall liability to you under or in connection with these T&Cs and your use of the App, is limited to £10.

5.3 The App, along with any updates, upgrades and any Content, are provided ‘as is’. That means we don't make any promises to you about the App or Content unless expressly described in these T&Cs.

5.4 We cannot guarantee that the App or Content will be free of errors or that access will be uninterrupted. Nothing in the App or Content represents medical advice, and we do not warrant that any information we publish about products will be entirely accurate or complete. Please refer to the manufacturers of any products mentioned in our App or Content for full details of those products.

6. PRIVACY

6.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in the Skin Rocks Privacy Policy.

7. STORE TERMS

7.1 The following terms required by Apple apply if you use the App on iOS:

   7.1.1 You and Skin Rocks acknowledge these T&Cs are concluded between you and Skin Rocks only, and not with Apple Inc. (‘Apple’), nor any subsidiary or affiliate company of Apple Inc., (‘Apple’). You also acknowledge that we (and not Apple) are solely responsible for the App and the Content.

   7.1.2 Subject to your compliance with these T&Cs we grant you a nonexclusive, revocable, non-transferable, non-sublicensable, limited right and licence to use one copy of the App for your personal, noncommercial use on any iOS product you own or control, and as permitted by Usage Rules in the Apple Media Services T&Cs (www.apple.com/uk/legal/internet-services/itunes/uk/terms.html).

   7.1.3 We are solely responsible for providing support and maintenance for the App. You and we acknowledge Apple has no obligation whatsoever to furnish any maintenance & support services with respect to the App.

   7.1.4 You acknowledge that Skin Rocks, and not Apple, is responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim the App fails to conform to any applicable legal or regulatory requirement; and (c) claims under consumer protection or similar legislation, including in connection with any use of HealthKit or HomeKit frameworks.

   7.1.5 You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.

   7.1.6 You represent and warrant: (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ region; and (ii) you are not listed on any US Government list of prohibited or restricted parties. 

   7.1.7 You agree to comply with any applicable third party terms of agreement when using the App, including the terms of any ISP or wireless data service agreement applicable to your internet connection.

   7.1.8 You and we acknowledge and agree Apple and its subsidiaries are third party beneficiaries of these T&Cs, and that when you accept them, Apple will have the right (and be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.

7.2 The ways in which you can use the App may also be controlled by the relevant Store's terms and conditions and policies as made available to you by the Store. To the extent there is a conflict between the terms of these T&Cs and the terms of the Store from which you installed the App, the Store's terms shall prevail to the extent of the conflict.

8. TERMINATION AND OUTAGES

8.1 We may temporarily suspend or withdraw the App or Content for the purposes of upgrades, maintenance, or other service administration reasons.

8.2 We may end your rights to use the App or Content at any time if you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so.

8.3 We may terminate our agreement with you without further liability (including your right to use the App) upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the App, part thereof, or any Content.

9. GENERAL

9.1 These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.

9.2 We may change or update these T&Cs from time to time, to address changes in the App, changes in the law or changes in our commercial circumstances. You may be required to agree to the changes to continue using the App. We will try to give you reasonable notice of changes, and if you are not happy with them, and do not accept them, you will not be entitled to continue using the App once the changes take effect. By continuing to use the App after we have notified you changes to these T&Cs are to take effect, you agree to those changes.

9.3 We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree in writing.

9.4 Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.

9.5 Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

9.6 These T&Cs are governed by English law and you can bring proceedings in respect of your use of the App or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction. For instance if you live in Scotland you can bring legal proceedings in in either the Scottish or the English courts.

10. COMPANY AND CONTACT INFORMATION

In these T&Cs, ‘we’, ‘us’ ‘Skin Rocks’ and ‘our’ refers to Skin Rocks Ltd, a company registered in England and Wales. Our company registration number is 11155429 and our registered office is at 1 Mountview Court, 310 Friern Barnet Lane, London, England, N20 0LD. You can contact us using the following information:

By Post:

1 Mountview Court

310 Friern Barnet Lane

Finchley

London

N20 0LD

 

Email: contact@skinrocks.com

Website: www.skinrocks.com

 

© 2022 Skin Rocks Ltd. All Rights Reserved.