Last updated: 16th May 2018
We welcome you to use the services of CosmEthics Ltd. CosmEthics Ltd. ("CosmEthics", "we", "us", "our") provides online and mobile services, including but not limited to, the CosmEthics mobile application (the "Application") and the related website located at www.cosmethics.com (the "Site"), (the Application, the Site and other online and mobile services provided by CosmEthics Ltd. collectively, the "Service"). The Service helps you make smart cosmetic choices by scanning product bar code, providing product ingredient information, giving a hazard or allergy profile warning, and recommendations that may be tailored to your needs.
The terms "you" and "user" shall refer to all individuals and entities that access the Service. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.
In addition to these Terms, you agree to abide by any supplemental policies of the Service, such as policies related to specific services (including without limitation any sweepstakes that may be available in the Service) as well as all other operating rules, policies and procedures that may be published from time to time on the Service, each of which is incorporated herein by reference.
IMPORTANT DISCLAIMER: THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE. The Service is of informative nature only, and is not intended to cure or prevent diseases. Neither is it a replacement for the use of healthcare professionals in treatment of diseases or diagnosis. You may not rely on any information or opinions expressed in the Service for any purpose. We encourage you to carry out appropriate research and seek medical advice in order to determine the best product for your needs. The information and materials provided in the Service must not be used in place of a visit, call, consultation or advice of your physician or other health care provider.
From time to time, we may modify or amend the Terms. If we do so, we will post any such modifications or changes in the Service. You can tell when changes have been made by referring to the "Last Updated" legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes. If you continue to use the Service following such a posting of changes, you accept any such change or modification.
Use of the Service is subject to your continued compliance with these Terms. You must be at least eighteen (18) years of age to register to and use the Service. The Service is intended solely for your personal use. Moreover, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorized in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions.
You agree not to provide inaccurate, misleading or false information in connection with your use of the Service. If information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We reserve the right to require our prior or later acceptance for registration. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory.
4 ACCURACY OF INFORMATION
The product information and ingredient information provided in the Service is based on information we have obtained from others. Please note that because we rely on data obtained from third parties and we cannot guarantee the accuracy of the information available in the Service. Information or advice provided on the Service should be used merely as a guide rather than a definitive recommendation to adopt any specific action, and we disclaim any liability for omissions or errors.
In particular, because we rely on third parties and also consumer inputs of data, we cannot guarantee product information (INCI) or image / naming to be correct. We reserve the right to correct any errors, or omissions in inaccurate data, and may publish updates on content without notice, but disclaim any liability for omissions or errors. While we try our best to keep our database up-to-date, we cannot guarantee that it will be done.
Alert categories such as "toxicity" are of informative nature only, and information and rating may change over time and cannot be guaranteed to be accurate. Moreover, any reference to "toxicity" or similar determinants in the Service is not intended to reflect the meaning of such determinant as they may be used by any governmental or non-governmental organization in any country. Our assessments of "toxic" ingredients are merely opinions that we have based on data obtained from various sources, such as scientific papers. Any references to "toxic", "safe", "better choice", "healthier alternative", "clean", "non-toxic", "unwanted ingredient", "carcinogen" or similar determinants must not be considered a factual representation or warranty about a product or manufacturer.
We do not assume any liability for product or ingredient information or for any inaccuracies thereof, whether based on manufacturer information, third party information, information provided by users of the Service, or on ratings or assessments generated by us. Before using the product, you should always carefully review all information provided by manufacturers of the products, both online and on the actual products packaging and labels, including the ingredients information and allergen information. If you have any questions about a product, please contact the manufacturer directly.
The Service is of informative nature only, and is not intended to cure or prevent diseases. Neither is it a replacement for the use of healthcare professionals in treatment of diseases or diagnosis. We encourage you to carry out appropriate research and seek medical advice in order to determine the best product for your needs. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness and usefulness of the information. The information and materials provided in the Service must not be used in place of a visit, call, consultation or advice of your physician or other health care provider. We do not promote or recommend any particular form of medical treatment. Content found in the Service is for informational purposes only and is not intended to replace the relationship between you and your physician or other health care provider. You should always consult a physician if you have any healthcare-related questions. You should never disregard medical advice or delay in seeking it because of something you have read or inferred in or through the Service.
5 THIRD PARTY MATERIAL AND SITES
The Service may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party websites. In particular, the Service may provide links to third-party sites that provide you with further information on products and ingredients, as well as third-party sites where you may purchase products. We are not responsible for any third-party sites or content or any products or services provided by third parties. By using the Service, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party sites, content, products or services. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party third party sites, content, products or services. You acknowledge and agree that we have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such third party sites, content, products or services. Third party materials and links to other websites are provided solely as a convenience to you. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any third party services and any materials or content made available therein.
In particular, the product descriptions in the Service include a link to an online store operated by our third- party partner(s), where you can purchase the respective product. Please note that such online stores are not operated by us and that the applicable third party is fully responsible for all goods and services it provides to you. While we cooperate with such third party online stores and even though the Service may provide links to such third parties’ sites, we are not a party to any purchase transactions that you may make with third parties. Your interactions with any third parties found on or through the Service, including payment and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. The applicable third party is solely responsible to you for any and all injuries, illnesses, damages, claims, liabilities and costs it (or the products or services purchased) may cause you to suffer, directly or indirectly, in full or in part ("Liabilities"). CosmEthics is under no circumstances liable for any Liabilities that you may incur or suffer in connection with third party content, products or services. You waive and release CosmEthics and its subsidiaries, affiliates, shareholders, investors, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of any third party in connection with your use of the Service.
6 PRICING, PAYMENT
Use of the Service is free of charge. However, we may from time to time introduce certain features of the Service that may be subject to a fee. These features may include the possibility to purchase upgrades, new features and/or premium content, by making in-app purchases or otherwise. Applicable fees are displayed in the Service prior to your purchase. We reserve the right to change the pricing for the goods and services offered through the Service at any time.
By using the Service you agree to pay any and all fees associated with your use of the Service. You are responsible for all charges and usage on your User Account or using your user credentials and all purchases made by you or anyone that uses your User Account or user credentials, including applicable taxes. You may pay using the methods available in the Service from time to time, which may include payment via your Apple or Google account, via payment processor Stripe or other similar payment methods, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase. You agree and acknowledge that any billing errors or mistakes that may have been made can be corrected even if the payment has already been requested or received from you.
Provision of any upgrades, new features and/or premium content is a service that is offered to you as a part of the Service. By paying the applicable fees you acknowledge and agree that the provision of any such services commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right right of cancellation or "cooling off" period does not apply, to the fullest extent allowed under applicable law.
7 INTELLECTUAL PROPERTY
These Terms confer only the right to use the Service, while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us or to third parties. We reserve all rights not expressly granted in these Terms.
You agree that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner. You shall not exploit the Service in any unauthorized way burdening network capacity.
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to:
(a) use the Service solely for your personal, non-commercial use; and (b) download and install a copy of the Application onto any authorized device you own and control, and to use such copy of the Application solely for your personal, non-commercial use.
The Service (including the copy of the Application) is licensed, not sold, to you. You agree that we and our licensors own all right, title and interest in and to the Service, including all intellectual property rights therein, and that we retain ownership of all copies of the Application even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Application.
You may not:
(a) copy, reproduce, modify or create derivative works of the Service or a part thereof (including, without limitation, the database containing product ingredient information); (b) sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party or otherwise commercially exploit the Service; (c) make the Service available to multiple users by any means, including without limitation by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time; (d) disassemble, decompile, reverse engineer, or attempt to derive the source code of any part of the Service, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You agree to comply with any technical restrictions in the Service that allow you to use the Service only in certain ways; (e) access the Service in order to build a similar or competitive service; (f) scrape, build databases or otherwise create permanent copies of any content derived from the Service, or collect any data incorporated in the Service in any automated manner such as through the use of bots, spiders, crawlers or any other automated means; or (g) use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
Except as expressly stated in these Terms, no part of the Service may be copied, reproduced, distributed, downloaded, posted or transmitted in any form or in any manner.
The license to use the Service granted under these Terms remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Service in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service (including all copies of the Application). Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
9 USER CONTENT
Responsibility for User Content; License
When you use the Service, you may generate User Content. "User Content" means any content created by you, such as any text, photographs, pictures, data and information, product ratings, product comments, or other content that you submit in the Service, or transmit to other users of the Service. You are solely responsible for your User Content, including complying with all laws applicable to your User Content. You agree not to submit to the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You hereby grant, and you represent and warrant that you have the right to grant, to us a perpetual, irrevocable, non-exclusive, worldwide, transferable, royalty-free and fully paid right and license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, incorporate into other works and otherwise use and commercially exploit any User Content in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You agree that we may place advertising and promotions and affiliate links in conjunction with your User Content without any obligation to you. You agree to permanently waive any claims and declarations of moral rights or attribution with respect to your User Content. In particular and without limiting the generality of the foregoing, please note that any photographs you submit to the Service or otherwise to us (such as photographs of products you wish to be included in the Service) constitute User Content and by submitting them you grant us the right and license set forth above and give the representations and warranties set forth below.
You represent and warrant that:(a) You own, or have the necessary licenses, rights, and/or consents to submit your User Content in the Service; (b) Your User Content, and our exercise of our rights as stated in these Terms, do not and will not violate, misappropriate or infringe any intellectual property right or other right of any third party, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party; (c) You possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of your User Content by us as permitted in these Terms; (d) Your User Content is not pornographic, obscene, libelous, defamatory, tortious, harassing or otherwise unlawful; and (e) All factual statements submitted by you are accurate and not misleading.
You acknowledge and agree that all User Content is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service. You are solely responsible for creating backup copies of your User Content if you require. If you transmit User Content to the Service, you understand and agree that such User Content may be reproduced, distributed, publicly performed and publicly displayed on the Service. Moreover, you acknowledge that all User Content is the sole responsibility of the person who originated such User Content. We cannot monitor or control User Content posted via the Service and, we cannot take responsibility for such User Content. Any use or reliance on any User Content obtained by you through the Service, including without limitation any comments made in interactive features of the Service or alerts or alert lists curated by other users of the Service, is at your own risk.
Examples of Prohibited User Content
The following types of User Content are examples of User Content that is prohibited in the Service:- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; - Harassing User Content; - "Junk mail", "chain letters," or "spam"; - User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; - User Content of commercial nature without authorization from us.
We may, in our sole discretion and without notice, review and delete any User Content, but are under no obligation for doing so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.
If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at email@example.com.Prizes
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Service ("Submissions") provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions to us. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10 PROHIBITED ACTIVITIES
The list below contains examples of behaviors that are prohibited in the Service:- Copying, reproducing, modifying or creating derivative works of the Service or a part thereof (including, without limitation, the database containing product ingredient information); - Impersonating another person or entity; - Accessing or using the Service in an unlawful way or for any unlawful purpose; - Transmission of any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful; - Transmission of viruses, malware, or other malicious code in the Service; - Modification, reverse-engineering, or other manipulation of the Service; - Exploiting the Service or any part thereof for any commercial purposes; and - Interfering with, or disrupting, the Service.
11 COPYRIGHT INFRINGEMENT
We undertake to obey relevant copyright laws. If you believe copyright-protected work was posted on the Service without authorization, you may submit a copyright infringement notification. We will review all claims of copyright infringement received and remove User Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:1) the name and contact information of the copyright holder or his/her representative who is making the notification (the "Notifying Party"); 2) an itemisation of the material, for which prevention of access is requested, and details of the location of the material. Please provide enough detail for us to locate the allegedly infringing content on the Service; 3) confirmation by the Notifying Party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network; 4) information concerning the fact that the Notifying Party has in vain submitted its request to the content provider or that the content provider could not be identified; 5) confirmation by the Notifying Party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right; 6) signature of the Notifying Party.
Claims can be sent to firstname.lastname@example.org.
12 PRIVACY AND SECURITY
We enable you to share information with others through the Service. Please note that your Washbag and Wishlist and Alerts you may create in the Service are visible to other users of the Service. Please be careful when sharing information and especially personal data about you generally in the Service.
Moreover, please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.
13 EXPORT CONTROL
The Service is subject to applicable export control laws in Finland, the USA and other countries, including, without limitation, regulations administered by the US Department of Commerce’s Bureau of Industry and Security and the Department of the Treasury’s Office of Foreign Assets Control. You agree to abide by these laws and not to transfer or make available, by electronic transmission or otherwise any content, software, encryption or materials subject to restrictions under such laws to a destination prohibited by such laws.
14 NO WARRANTY
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFORMATION OR ADVICE PROVIDED ON THE SERVICE SHOULD BE USED MERELY AS A GUIDE RATHER THAN A DEFINITIVE RECOMMENDATION TO ADOPT ANY SPECIFIC ACTION. WE ACCEPT NO RESPONSIBILITY FOR ANY MEDICAL, LEGAL OR FINANCIAL EVENTS OR OUTCOMES RELATED TO YOUR USE OF THE SERVICE, WHICH IS BEING PROVIDED ON AN AS IS BASIS AS A PLATFORM TO GET PRODUCT INGREDIENT INFORMATION. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY HEALTH IMPLICATIONS OF ANY COSMETIC PRODUCTS. YOU ARE RECOMMENDED TO CONSULT OTHER SOURCES AND CONFIRM THE INFORMATION CONTAINED WITHIN THE SERVICE. CONSULT YOUR OWN PHYSICIAN REGARDING THE APPLICABILITY OF ANY MATERIAL OR CONTENT WITH RESPECT TO YOU. FOR MEDICAL CONCERNS, INCLUDING WITHOUT LIMITATION ANY DECISIONS ABOUT ANY TREATMENTS, YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN.
WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO MAINTAIN OR SUPPORT ANY PART OF THE SERVICE, TO PROVIDE ALL OR ANY SPECIFIC CONTENT THROUGH THE SERVICE, OR TO PROVIDE YOU WITH UPDATES, UPGRADES OR SERVICES RELATED THERETO. YOU ACKNOWLEDGE THAT WE MAY FROM TIME TO TIME IN OUR SOLE DISCRETION ISSUE UPDATES OR UPGRADES TO THE SERVICE. WE MAY DISABLE ACCESS TO THE SERVICE FOR ANY PERIOD OF TIME OR PERMANENTLY, AND YOU AGREE THAT WE MAY AUTOMATICALLY UPDATE OR UPGRADE THE VERSION OF THE APPLICATION THAT YOU ARE USING ON YOUR DEVICE. YOU CONSENT TO SUCH AUTOMATIC UPDATING OR UPGRADING ON YOUR DEVICE, AND AGREE THAT THESE TERMS WIILL APPLY TO ALL SUCH UPDATES OR UPGRADES, UNLESS SUCH UPGRADE IS ACCOMPANIED BY A SEPARATE LICENSE IN WHICH CASE THE TERMS OF THAT LICENSE WILL GOVERN. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF ANY UNAVAILABILITY OF THE SERVICE.
15 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, INVESTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, MEDICAL INJURY, PERSONAL INJURY, WRONGFUL DEATH, INACCURATE INFORMATION, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM THIS AGREEMENT OR RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES, IF ANY, THAT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE, OUR LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE SERVICE OR THE INFORMATION CONTAINED HEREIN. PLEASE BE REMINDED THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY INCORRECT OR MISLEADING INFORMATION INCLUDED IN THE SERVICE. YOU SHOULD NOT USE ANY INFORMATION MADE AVAILABLE IN THE SERVICE TO REPLACE A RELATIONSHIP WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL.
You agree to indemnify and hold us harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party (including, without limitation, any claims or demands arising out of or related to loss of brand reputation or similar damage). Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
17 WAIVER AND SEVERABILITY
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
18 ENTIRE AGREEMENT
19 GOVERNING LAW AND RESOLUTION OF DISPUTES
The laws of Finland, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Helsinki, Finland. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The Service is operated and provided by CosmEthics Oy, a Finnish limited liability company with a registered address at Laivanvarustajankatu 3A 60 00140 Helsinki, registered at the Finnish Trade Register with a business identity code 2577445-9. If you have any questions about these Terms, please contact us at email@example.com or by mailing us at CosmEthics Ltd, Laivanvarustajankatu 3A 60 00140 Helsinki, Finland.
21 TERM AND TERMINATION
We reserve the right to discontinue offering the Service or to suspend, remove, modify or disable access to the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your user account at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Service, in any case and without notice or liability. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.