This User Agreement and Loyalty Program Terms & Conditions (hereinafter – the "Agreement") regulate the relationship between the User, the Contractor, and the Client regarding the use of the "SkinPhD" mobile application and participation in the SkinPhD Loyalty Rewards Program.
2.1. This Agreement is a public offer, and the Application may only be used under the terms of this Agreement.
2.2. Use of the Application and/or participation in the Loyalty Program constitutes acceptance of the public offer and confirmation of the User's consent to the terms of the Agreement.
2.3. The Agreement comes into force for the User from the moment the Application is installed and is valid indefinitely.
2.4. This version of the Agreement is an open document; it is published on the Internet and is available to any User at `https://skin.relpdev.uk/SkinPhD-Terms-Conditions`.
2.5. The Contractor has the right to make changes and/or additions to the Agreement. In the event of changes to the Agreement, the Contractor publishes a new current version of the Agreement, and the date of publication is the effective date of the new version of the Agreement. Previous versions of the Agreement are stored in the Contractor's documentation archive.
2.6. Continued use of the Application and/or participation in the Loyalty Program after changes and/or additions have been made to the Agreement constitutes the User's approval of such changes and/or additions.
2.7. In case of disagreement with the terms of the Agreement, the Application must not be used, and participation in the Loyalty Program ceases.
3.1. When registering in the Application, the User is obliged to provide accurate information about themselves, necessary for:
3.2. By using the Application and the Loyalty Program, the User gives conscious and voluntary consent to participate in promotional, marketing, and other activities aimed at promoting the services of the Client, Contractor's partners, and other third parties.
3.3. The User is obliged to use the Application only for personal use.
3.4. The User has no right to disseminate false information about the Application, the Contractor, or the Client.
3.5. The User has no right to use third-party software and other technical means that may affect the use of the Application.
3.6. The User has no right to decompile the Application independently or with the help of third parties, as well as to distribute, make publicly available, and provide other access to the Application, or to reverse engineer the Application or its elements.
3.7. The User is obliged to take appropriate measures to ensure the security of their mobile device and bears personal responsibility for the security of personal information specified in the Application in case of third-party access to their mobile device.
3.8. Unless the User proves otherwise, any actions performed using a mobile device are deemed to have been performed by the respective User.
3.9. The User guarantees that they will not commit any actions aimed at causing harm to the Contractor, the Client, mobile operators, legal owners, or other persons.
3.10. In case of violation by the User of the obligations specified in this Agreement, the User is obliged to compensate the Contractor and/or the Client for damages caused by such actions, namely — direct and indirect losses incurred by the Contractor and/or the Client.
4.1. The Contractor has the right to delegate rights and obligations under the Agreement to the Client for the purpose of fulfilling the Agreement, without any additional consent from the User.
4.2. The Contractor, on its own behalf or on behalf of the Client, has the right to send the User information about the operation of the Application, informational, advertising, or other messages to the email address, phone number provided by the User, and to display relevant information in the Application.
4.3. The Contractor has the right to control and make adjustments to the content of the Application. The Contractor has the right to reduce the bonus balance of a User who has violated the Agreement.
4.4. The Contractor has the right to limit or block the User's access to the Application at any time without notifying the User.
4.5. The Contractor has the right to terminate the Agreement at any time unilaterally and to block any use of the Application.
4.6. The Contractor has the right to limit or block the User's access to applications developed for other Clients.
5.1. Participation:
5.2. Earning Points:
5.3. Point Value:
5.4. Loyalty Tiers:
5.5. Point Expiration:
5.6. Point Redemption:
5.7. Changes to the Loyalty Program:
6.1. The Application is provided to the User "as is". The Contractor provides no guarantees, including, but not limited to, regarding the operability of the Application, its functionality, informational content, availability, reliability, and compliance with the User's requirements and expectations.
6.2. The Contractor is under no circumstances responsible for the operability of the User's device.
6.3. The Contractor is not responsible for the loss of User information, but will make every effort to save and enable the recovery of User information, including the bonus balance.
6.4. The Contractor is not responsible for possible damages or losses caused by the use of the Application.
6.5. The Contractor is not responsible for negative consequences and damages that arose as a result of events and circumstances beyond its competence, as well as for the actions (inaction) of third parties, including the actions or inactions of the Client.
7.1. The Application may contain links or provide access to other websites on the Internet (third-party websites), and the information on these websites is the result of the intellectual activity of third parties, and this information is protected in accordance with the laws of Great Britain. The specified websites and the information posted on them are not checked by the Contractor for compliance with the requirements of the laws of Great Britain.
7.2. The Contractor is not responsible for any information on third-party websites to which the User has gained access through the Application, including any opinions or statements on third-party websites.
7.3. The User hereby confirms that from the moment of following a link contained in the Application by the User to any third-party website, the relationship between the Contractor and the User ceases, the Agreement no longer applies to the User, and the Contractor is not responsible for the User's use of the content, for the legality of such use, and for the quality of the content of third-party websites.
7.4. The owners of the application stores — Apple Inc., Google Inc., and Microsoft Corporation — do not participate in activities within the Application and are under no circumstances responsible for the content of the Application.
8.1. By accepting the terms of the Agreement, the User confirms consent to the processing by the Contractor of the User's personal data (and by third parties for the performance of the Contractor's obligations), provided during registration, including, but not limited to, for responding to User requests to the Application's support service, as well as for resolving possible claims. The User also confirms consent to the transfer of the above-mentioned personal data to the Client and its processing by the Client for the purpose of fulfilling the Agreement and for the purpose of implementing the Application, for the purpose of fulfilling the Contractor's obligations to the User, the Client, and the clients of other applications, as well as for resolving claims related to the fulfillment of the Agreement.
8.2. The Contractor does not verify the accuracy of the information provided by the User during registration in the Application, however, the Contractor, in fulfilling its obligations to the User or the Client, has the right to verify the information provided by the User.
8.3. The Contractor has the right to collect, store, and process technical information about the User's system, which includes:
8.4. The Contractor has the right to provide the obtained information to the Client and to use such information for marketing, advertising, and other purposes.
8.5. The Contractor is not responsible for third parties obtaining the User's personal data by gaining access to the User's device. The User ensures the security of information on their device.
8.6. The Contractor is not responsible for the Client's use of the User's personal data provided during registration, in case the User has deleted the Application.
8.7. Communication & Privacy (additional from the loyalty program):
9.1. In case of any disputes or disagreements related to the performance of the Agreement, the User and the Contractor will make maximum efforts to resolve them through negotiations via email. Inquiries, suggestions, and claims from individuals and legal entities to the Contractor related to the content and functioning of the Application, violations of the rights and interests of third parties, violations of the law, as well as inquiries from persons authorized by law, should be sent to `info@skinphd.co.za`.
9.2. Applicable Law: This Agreement is concluded in accordance with the laws of South Africa. Issues not included in the Agreement are resolved in accordance with the laws of South Africa. All disputes are resolved in accordance with the laws of South Africa.
9.3. If any provision of the Agreement is found to be invalid, this does not affect the validity or enforceability of the other provisions of the Agreement.