Subscription terms and conditions for School of Natural Skincare (“Terms”)
Effective from 1st July 2021
1. These Terms and how they apply to you.
1.1 What these terms cover. These are the terms and conditions on which we supply Digital Content and Services to you through your Membership of The Natural Cosmetic Formulation Club (the “Cosmetic Club”). The “Digital Content” comprises all reading materials and watchable content including videos, webinars and live streaming and course materials made available or published from time to time by us and “Services” comprise a number of services to support the Digital Content provided by us from time to time. Collectively Digital Content and Services are referred to as “Products”. Details of Products are available from our website on https://www.cosmeticformulationclub.com/ (“Website”). We may update and change the Products to reflect changes to our users’ needs and our business priorities.
1.2 Membership. Membership of the Cosmetic Club is currently US $57 (exc. VAT) per month but may vary from time to time at our discretion. We require you to apply for Membership to enable you to join a secure platform for discussion and sharing of ideas and information and for operation of our credits system of ordering and paying for Products. These Terms are published from time to time on the Website, but we will notify you of any substantial change. You may terminate your Membership if you choose not to continue at any time.
1.3 Condition to accessing Products: You will have access to the Products only if you have an active subscription to the Cosmetic Club and you have sufficient credit in your account to pay for any Products ordered.
1.4 Who are the Tutors? These are the professional cosmetic scientists, cosmetic formulators, and other industry professionals we use, from time to time, in the provision of the Products. All current and past Tutors are referred to in these terms as Tutors.
1.5 Why you should read them. Please read these Terms carefully before you subscribe to our Products. Your access to and use of Products is conditional on your acceptance and compliance with these Terms. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.
1.6 Entire Agreement. These Terms constitute the entire agreement between us in relation to your subscription. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us.
2.1 Who we are? We are Goodness and Wonder Ltd (registered UK company number 08844378), trading as The School of Natural Skincare. Our address is 432 Gloucester Road Horfield, Bristol, BS7 8TX, England. Throughout these Terms, we will refer to ourselves interchangeably as “we”, “our” or “us”.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org
2.3 How we may contact you. If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Membership Application.
3. Our contract with you
3.1 How we will accept your Membership Application. Our acceptance of your subscription to our Products (“Membership Application”) will take place when we email you to accept it, and a contract will come into existence between you and us when you activate your account and can begin using it.
3.2 If we cannot accept your Membership Application. If we decline your Membership Application, we will inform you of this in writing and will not charge you for the Digital Content.
4. Your Account
4.1 When you create an account with us, you must provide us with your email address, full name, company name (where applicable), postal address and telephone number.
4.2 You may not use as a username to your account, the name of any other person or entity or a username that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or any other name that is otherwise offensive, derogatory, vulgar, or obscene. You agree that we cannot be held liable for any loss or damage arising out of any breach of this clause.
4.3 You must inform us immediately of any changes to the information that you provided when registering and creating an account for use of the Products in order that we can communicate with you efficiently and effectively. You can do this by updating your account details.
4.4 When you set up your account to use the Products you will be issued with an auto-generated password via email.
4.5 You are solely responsible for safeguarding the password and for any activities or actions under your password, whether your password is with our Services or a third-party service.
4.6 You must notify us immediately if you know or suspect any breach of security and/or unauthorised use of your account by contacting email@example.com and should log into your account and perform a password reset immediately.
4.7 If we suspect or have reason to suspect that there is likely to be a breach of your account security, we may require you to change your account password and we may temporarily suspend your account.
4.8 When you set up your account to use the Products you will need to pay a monthly fee in order to receive credits which you can then use to unlock Products.
5. Acceptable use and provision of Content
5.1 You agree that, unless permitted by these Terms or otherwise by law, you shall not in respect of the Products obtained by you:
(a) use any part of the Products for commercial purposes without obtaining a licence to do so from us or from the licensor to us of that Products;
(b) translate, merge, adapt, vary, alter, or modify the paper or digital copies of the Products nor permit them to be combined with, or become incorporated in, any other programs;
(c) interfere with any other person’s use or enjoyment of it;
(d) make, transmit or store electronic copies of any materials protected by our or another person’s copyright without our prior written consent other than for internal purposes only;
(e) use it to spread any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or otherwise objectionable material or otherwise breaching any laws;
(f) use any script or other automated process to interfere with or manipulate the Products or the results generated from your use of it;
(g) “crawl”, “scrape” or otherwise seek to collect any data or information from the Products that may be accessed by or through use of it using any automated process (including but not limited to bots, scrapers, and spiders); and
(h) use the Products in any unlawful manner, for any unlawful purposes or in any manner that may otherwise violate these Terms.
6. Intellectual Property
6.1 The Products, intellectual property, features, and functionality created by or licenced to us remains our exclusive property or the licensor to us of that Digital Content. Your use of the Products grants you no rights to or interests in them.
6.2 The Products are protected by copyright, trademarks, data base rights and other such intellectual property rights. Except as required for your use of the Products or as otherwise permitted by law, you may not reproduce, modify, copy, or distribute or use for commercial purposes any of the code, content, or proprietary rights notices of Products without the express written permission from the relevant rights holder.
6.3 Nothing in these Terms shall give you a right to use any of our trade names, trademarks, service marks, logos, domain names, or otherwise distinctive brand features.
7. Our rights to make changes.
7.1 Minor changes to the Products. We may change the Products:
(a) to reflect changes in relevant laws and regulatory requirements for example because of changes or recommendations made by the World Health Organization, National Academy of Sciences etc.; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your access to our Products.
7.2 More significant changes to the Products and these Terms. In addition, as we informed you in the description of the Products on our Website, we may make changes to these Terms or the Products but if we do so we will notify you and (if they effect the main characteristics of the Products as advised in our pre-contract information) we will seek your express agreement.
8. Providing the Products
8.1 When we will provide the Products. During the Membership Application process, we will let you know when we have accepted your Membership Application and your contract begins in accordance with clause 3.1. We will provide you with a user account and login details so that you can access and download the Digital Content (save for videos).
8.2 We will supply the Products to you until the subscription expires or you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11.
8.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
8.4 Reasons we may suspend the supply of Products to you. We may have to suspend the provision of our Products to:
(a) deal with technical problems or make minor technical changes;
(b) update the Products to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Products as requested by you or notified by us to you (see clause 7).
8.5 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Products unless the problem is urgent or an emergency. You may contact us to end the contract for the Products if we suspend them, or tell you we are going to suspend them, in each case for a period of more than 14 consecutive days during your subscription or more than 21 days in a thirty-day period and we will suspend any ongoing Membership charge.
8.6 We may also suspend provision of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 11) and you still do not make payment within 7 days of us reminding you that payment is due or if we attempt to take a payment and fail, your Membership Account may get locked and we may suspend the provision of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the provision of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 13.5).
9. Your rights to end the contract.
9.1 You can always end your contract with us. Your subscription to our Products is on a rolling monthly basis and you can upgrade or cancel your subscription at any time.
9.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Digital Content you have received.
9.4 How long do I have to change my mind? How long you have to change your mind is as follows:
(a) Have you bought Digital Content for streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start streaming. If we delivered the Digital Content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
9.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.3), you can still end the contract before it is completed. A contract for Digital Content is completed when the product is delivered or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know.
10. How to end the contract with us
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by either cancelling the subscription on the ‘My account’ page on Cosmetic Club or by emailing us at firstname.lastname@example.org.
10.2 How we will refund you. If you are entitled to a refund under these Terms, we will refund you the fee you paid for the Products by the method you used for payment. For the avoidance of doubt, you will not receive a refund where you have already received the Products.
10.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Products for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.4 When your refund will be made. We will make any refunds due to you as soon as possible but not exceeding 30 days.
11. Our rights to end the contract.
11.1 We may end the contract if you break it. We may end the contract for Products at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
(c) If you do anything which may damage the reputation or standing of any other Tutor or of us or which we consider to be contrary to the ethos of the Natural Cosmetic Formulation Club and/or School of Natural Skincare.
We may terminate in these circumstances with or without notice or further obligation to you.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products, we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the Products. We may write to you to let you know that we are going to stop providing the Products. We will let you know at least one month in advance of our stopping the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.
12. If there is a problem with the Products.
12.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us. You can write to us at email@example.com.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Products is Digital Content, for example a subscription to the Cosmetic Club’s online course and newsletter/user comment/forum/ratings service, the Consumer Rights Act 2015 says Digital Content must be as described, fit for purpose and of satisfactory quality:
a) If your Digital Content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
13. Fees and payment
13.1 Where to find the fees for the Products. The fees of the Products (which exclude VAT) will be the fees indicated, from time to time available from the Website, on the Membership Application when you register for our Products https://www.cosmeticformulationclub.com/.
13.2 What happens if we got the fee wrong? It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If the fee quoted at your Membership Application date is higher than the fee stated to you, we will contact you for your instructions before we accept your Membership Application. If we accept and process your Membership Application where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, and you refuse to pay the fee difference which we notify to you, if you have paid too little, we may end the contract and refund you any sums you have paid.
13.3 When you must pay and how you must pay. We accept payment with credit and debit cards via Stripe Payments Europe Ltd (a payment processing platform) on the Cosmetic Club.
13.4 Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you.
14.1 We do not make any specific warranties or guarantees in relation to the accuracy of the Products.
14.2 We cannot guarantee access to the Products where third party software or hardware or government agencies prevent you from accessing it;
14.3 Any software is never totally free from bugs, glitches, and security vulnerabilities. We do not warrant that use of Products shall be secure, uninterrupted or error free or that they shall meet your specific requirements, the Products are provided “as is” and “as available”; and
14.4 We accept no liability whatsoever for the arrangements or transactions which you enter into with any of the Tutors.
14.5 All third party and Tutor data and services (including payment services, and webinars, workshops, online sessions etc.) you may access using our Website or Products are the sole responsibility of the person, company, or organisation from which they originated. We are not responsible to you for them.
14.6 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any free sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.
14.8 When we are liable for damage caused by defective Digital Content. If defective Digital Content which we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.9 Our Website, The Cosmetic Club and Digital Content are provided to you “as is”, we make no representation as to their accuracy, completeness, or whether or not they are up-to-date, or that they will meet your requirements. Any recipes and formulas provided to you are for demonstration purposes only.
14.10 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your Personal Data.
15.1 Personal Data means any information relating to an identified or identifiable living individual that is processed by us on your behalf because of, or in connection with, the provision of the Services under this agreement.
15.2 Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
15.3 We will only process Personal Data to the extent, and in such a manner, as is necessary for the provision of our Services in accordance with your written instructions. We will not process Personal Data for any other purpose or in a way that does not comply with this agreement or Data Protection Legislation.
15.4 We will maintain the confidentiality of Personal Data and will not disclose Personal Data to third parties, save for our Tutors who we introduce you as part of the provision of our Products, unless you or this agreement specifically authorises the disclosure, or as required by domestic law, court, or regulator.
15.5 We may only authorise a third party to process Personal Data if:
(a) we enter into a written contract with the third party that contains terms substantially the same as those set out in this agreement in relation to requiring appropriate technical and organisational data security measures, and, upon your written request, provide you with copies of the relevant excerpts from such contracts;
(b) we maintain control over all Personal Data we entrust to the third party.
16. Force majeure
16.1 For the purposes of these Terms, Force Majeure Event means an event beyond our reasonable control including without limitation epidemics or pandemics or default of Tutors or subcontractors.
16.2 We shall not be liable to you because of any delay or failure to perform our obligations under these Terms as a result of a Force Majeure Event. If the Force Majeure Event prevents us from providing any of the Products for more than 8 weeks, we shall have the right to terminate this contract with immediate effect by giving written notice to you.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 30 days of us telling you about it.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, in respect of our guarantee. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
17.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, 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. For example, if you miss a payment and we do not chase you, but we continue to provide the Products we can still require you to make the payment at a later date.
17.5 No partnership. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us and you or between any of the Members, or constitutes any person the agent of another, or authorises any person to make or enter into any commitments for or on behalf of any other.
17.6 Which laws apply to this contract. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.