VIVYA DIGITAL SKIN CONSULTANT TERMS OF USE

PLEASE READ,UNDERSTAND AND AGREE TOTHE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE DIGITAL SKIN CONSULTANT PLATFORM.

IMPORTANT! Your use of the Vivya Digital Skin Consultant Platform (as defined below) (“Platform”)is subject to your acceptance of agreement to the following terms and conditions (the “Terms of Use” or “Agreement”). By accessing, browsing or registering for an account on the Platform, each User accepts, without limitation or qualification, these Terms of Use.

1. Definitions

“Digital Skin Consultant” means the online software, website and app, and physical products operated by USP Solutions (“Provider”). The Platform, software, website and app is developed and hosted by Ogilvy Martech

“Participating Organizations” means partners, distributors, retailers, manufacturers, consultants, clinics, institutions and other entities formally engaged in business relationship with the Provider.

“User”, “you” or “your” means anyone accessing, browsing, using or registering for an account on the Platform software or the application or using Digital Skin Consultant physical products or services.

2. Description of Platform

The purpose of Platform is to support precision skincare and cosmetic product recommendations. As a Platform User, you may be using the Platform to learn about your own skin with the Digital skin analysis tool or other physical tests or you may be seeking information or recommendations for existing skincare and cosmetic products on market via the software, website and app.

3. Eligibility

You represent and warrant that you;

  1. must be at least 16 years old to register and use the Platform in your jurisdiction of residence.
  2. will only provide us with true, accurate, current and complete information in order to register for an account on the Platform.
  3. that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.

If you use the Platform software, website and app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You also agree to accept responsibility for all activities that occur under your account or password. You agree to provide accurate information on your account for skincare and cosmetic recommendation purposes. To preserve the integrity of the data in the Digital Skin Analyzer database, we reserve the right to modify, deactivate and/or delete accounts deemed to contain inaccurate and/or inappropriate information.

Accounts that are inactive for a certain period of time will be handled as follows:

  1. The registered User will receive an e-mail directing them to reactivate their account. If no action is taken within a specified period, the account may be deactivated, and may be subsequently deleted if there continues to be no activity.

If you use the Vivya products, you are responsible for ensuring proper application according to the manufacturer instructions.

4. Proprietary Rights

Users have the right to access, view and print content on the Platform, provided that the content is only used for personal information and non-commercial purposes.

All material on the Platform (as well as the organization and layout of the Platform) is owned and copyrighted, licensed by, or used with written permission that is granted to the Provider. No reproduction, distribution or transmission of the copyrighted material or confidential information on the Platform is permitted without the prior written permission of the Provider, USP Solutions, Hemas Manufacturing (Private) Limited. or Ogilvy Martech Corporation and/or the software developer.

Any attempt to copy, publish, broadcast, post, modify, reproduce, distribute, or commercialize the content, processes and data on the Vivya Digital Skin Consultant is strictly prohibited without the written consent from the Provider and Hemas Manufacturing (Private) Limited.

5. Privacy

By accessing or using the Platform software, website and app, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy.Questions or requests with respect to your personal information may be sent via email to vivyaskin@hemas.com.

6. User Acknowledgements and Obligations

In using the Platform you agree to abide by the terms and conditions as morefully listed below:

  1. You acknowledge that Provider does not conduct background checks or otherwise evaluate the suitability of the Users before engaging Consultant Platform. Users are themselves are solely responsible for determining if it is appropriate or not to follow the recommendations provided from USP Solutions at their discretion. While the Provider aims to provide accurate information, the Provider does not make any claims, promises or guarantees about the accuracy or completeness of information on the Platform.
  2. You agree to utilize the Platform and physical products as indicated in manufacturer’s instructions, and will not modify or cause any unsanctioned change to the physical product recommended prior to use.
  3. You freely accept and fully assume all risks and hazards involved in this process, and the possibility of skin irritation, bodily injury, property damage or loss that these risks and hazards might cause.
  4. You agree not to indemnify and hold harmless Hemas Manufacturing Pvt Ltd, USP Solutions and Ogilvy Martech from any and all liability linked to skin irritation, bodily injury, property damage or loss, and from resulting claims or actions arising from your participation in or involvement with the Platform.
  5. You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to attempt to gain unauthorized access to any portion of the Platform, monitor or copy any of the Web pages, data or content found on this site or accessed through the Platform. No User may test the vulnerability of the Platform, or seek to trace any information on any other User of the Platform.
  6. You acknowledge that specific ingredients or products listed on the Platform software, website or app may be altered by manufacturers and retailers and may differ from what is shown on the Platform. You therefore agree that it is your responsibility to read the labels, warnings and directions of use before using any products. For additional information you warrant to contact the manufacturer or retailer directly.
  7. You acknowledge that content on the Platform software, website and app is intended for personal consumer use only and does not substitute for advice from a physician, pharmacist or other licensed medical professional. The results displayed on the Vivya Digital Skin Consultant do not constitute a medical diagnosis, or treatment advice and do not replace the need to see a licensed healthcare professional to undergo diagnostic testing if indicated. If you suspect that you have a medical problem, you should consult a medical professional immediately.
  8. You acknowledge the products recommended are indicated, marketed and sold as a consumer product, without any claims to treatment of skin disease, prevention of skin disease or diagnosis of skin disease.
  9. You acknowledge that the Provider retains the right to contact you about the use of the Platform.
  10. You will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use or applicable laws. If you violate any of these Terms of Use, your permission to use the Platform automatically terminates.
  11. You acknowledge that Provider reserves the right to remove any profile suspected of or found using the Platform for purposes other than skincare and cosmetics.
  12. You acknowledge that the Provider may use collected data from the Platform to improve internal operations, marketing, and product development and conduct de-identified research analysis.

7. Disclaimer of Warranties

Digital Skin Consultant and the Participating Organizations in providing this service of providing skincare and cosmetic product recommendations, hereby disclaim any responsibility or liability for any harm to any Users. We do not evaluate or insure the character or skill of any skincare or cosmetic manufacturers or retailers. Furthermore, our records are based on information that users enter into the database. Some of this information may be inaccurate or incomplete. We do not evaluate the correctness or truthfulness of the information submitted and cannot be responsible for any false or incomplete information submitted.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM AND THE SERVICE OFFERED THROUGH THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER, RIDESHARK AND PARTICIPATING ORGANIZATIONS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CUSTOMER PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

8. Limitation of Liability

You expressly understand and agree that none of Hemas Manufacturing Pvt Ltd, USP Solutions, Ogilvy Martech or the Participating Organizations shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Platform or services; (b) the cost of procurement of substitute services resulting from any data, information or services obtained, or messages received, or transactions entered into on the Platform; (c) unauthorized access to, or alteration of your transmissions or data; (d) statements or conduct of any third party on the service or in, or relating to, a carpool; or (e) any other matter relating to the Platform or services offered through the Platform.

9. Changes to the Platform

Provider may make improvements to or changes in the information, services, products, and other materials on the Platform or terminate the services made available through the Platform at any time without notice to Users. These Terms of Use may be modified at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use. Accordingly, you agree to review this Terms of Use periodically, and your continued access or use of the Platform shall be deemed your acceptance thereof.