1. INFORMATION ABOUT US
1.1 We are Derma Med LTD (“We“, “Us“, or “Our“). We are a private limited company incorporated and registered in England and Wales under Company No 10884295 and have our registered office at Portman House, 2 Portman Street, London, United Kingdom, W1H 6DU.
1.2 Through our website hosted at dermahub.com (the “Website“) we offer subscriptions which allow you to access and stream our online training materials (the “Content“), as well as (depending on the subscription tier) access webinars, podcasts, a community forum, a WhatsApp group, and mentoring sessions (collectively, the “Services“).
2. AGREEMENT TO OUR TERMS
2.1 Please read these terms and conditions (“Terms“) carefully before you place an order to purchase Services from us. These Terms apply to the order by you and supply of Services by us to you (“Contract“). You should print off a copy of these Terms or save them to your computer for future reference.
2.2 You agree that by accessing any of the Services, you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these terms, then we will be unable to supply the Services to you.
2.3 If you have any questions about this Terms you can contact us by mail at firstname.lastname@example.org.
3.1 We offer a number of subscription tiers on our Website. The benefits of each tier are set out on the Website. All benefits are subject to availability. Where a benefit requires you to book a specific time to receive that benefit, we will not be held liable and no refund will be due if you do not make a booking or there is no availability at your preferred date and time.
3.2 Our acceptance of your order takes place when we send an email to you accepting it (“Order Confirmation“), at which point and on which date (“Commencement Date“) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation. We reserve the right to refuse any order placed through the Website.
3.3 Your subscription is for a period of 12 months and will automatically renew at the end of that period for further successive periods of 12 months unless you tell us you do not wish to renew by emailing us at email@example.com. We will give you no less than 10 days’ notice before your renewal payment is due.
3.4 Your subscription is personal to you. You agree that you will not share your account details with any other person, and that you will not use the Services for any commercial purpose (for example, to train third parties on the techniques demonstrated in the Content). We may suspend any account which we have reason to believe has been used contrary to these restrictions.
3.5 The Content and other information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement in another jurisdiction. Accordingly, if you choose to access the Services from outside of the United Kingdom you do so at your own initiative and risk and you are solely responsible for compliance with any applicable local laws.
3.6 We reserve the right to replace benefits available to each tier of subscription with benefits of equivalent value from time to time.
4. TECHNICAL REQUIREMENTS
4.1 In order to receive the services, you must be able to satisfy the following technical requirements:
(a) The required minimum bandwidth to receive the services is 500 kbps for 240p and above.
(b) You should ensure the following ports are open on your network for playback: TCP/UDP 80 (HTTP) and TCP/UDP 443 (HTTPS).
(c) You should ensure that the following domains are whitelisted:
(d) You should use one of the following supported browsers and operating systems:
|OSX 10.12.6 or later, Windows 7 or later, Android 5.0+
|OSX 10.12.6 or later, Windows 7 or later
|OSX 10.12.6 or later, iOS 9.3.5+
|Windows 7 or later
(e) You should use one of the following supported mobile browsers: Chrome 45+, Safari 10+ (iOS).
4.2 We will not be liable to you for any failure to receive the Services caused by a failure of or disruption to your broadband provider, or you being unable to achieve the download speeds necessary through your provider to enjoy the Services, or the failure of or a defect in the equipment through which you access the Services (unless that failure or defect is caused by a failure or defect in the Services).
5. PRICE AND PAYMENT
5.1 The price for each subscription tier is set out on the Website, and is inclusive of VAT/GST.
5.2 Payment for the Services is taken at the time of Order Confirmation.
5.3 You agree to provide current and complete information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
5.5 If following Order Confirmation you fail to make a payment under the Contract by the due date, we reserve the right to suspend your access to our Services pending payment in full.
6. REFUNDS POLICY
6.1 You have a legal right to change your mind about your purchase of the Services and receive a refund of what you paid for them. This is subject to some conditions, as set out below.
6.2 If you change your mind about our Services, you must let us know within 14 days after day following receipt of the Order Confirmation (“Cooling-off Period“).
6.3 To let us know you want to change your mind, you need to contact us by email at firstname.lastname@example.org.
6.4 Once the Cooling-off Period has ended, you cannot change your mind about an order for our Services.
6.5 If you access our Services within the Cooling-off Period, we will not refund you for the time you were receiving our Services before you told us you had changed your mind.
6.6 We will refund you as soon as possible and within 28 days of you telling us you have changed your mind. We refund you by the method you used for payment. We do not charge a fee for the refund.
7. YOUR OBLIGATIONS
7.1 It is your responsibility to ensure that you use the Services only for personal use, and to keep your username and password secure and not to share them with anyone else. You must not share your password with others. If you know or suspect that anyone other than you knows your password, you must promptly notify us.
7.2 You are responsible for acquiring and maintaining the equipment and broadband connection necessary to receive our Services.
7.3 You must not attempt to download any of the Content (other than on a temporary basis as strictly required for you to stream the Content), or to copy or redistribute any of the Content or other materials provided to you as part of the Services.
7.4 If we have reason to believe that you have failed to comply with your obligations, we reserve the right to suspend or cancel your right to access the Services without notice.
8.1 We hope that you are fully satisfied with our Services. However, if a problem arises or you are dissatisfied with the Services, please contact us by email at email@example.com.
8.2 We will endeavour to resolve your complaint to your satisfaction with a reasonable period of time. If we are unable to do so, we may at our sole discretion offer you alternative Services and/or a full or partial refund. This is without prejudice to your statutory rights.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All intellectual property rights in or to the Content and otherwise in or arising out of or in connection with the Services is, as between us and you, owned by us absolutely. You agree not to claim any intellectual property rights, or any other proprietary rights, over any of the Content or other materials made available to you as part of the Services.
9.2 Subject to your compliance with these Terms, we grant you a fully paid-up, non-exclusive, royalty-free licence during the term of the Contract to stream the Content and to receive the Services for your own personal use. No part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publically displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever by you.
9.3 If we have reason to believe that your use of the Services or Content is contrary to the terms of this clause 8, we reserve the right to immediately suspend your access to the Services.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.2 We will use any personal information you provide to us when ordering or receiving the Services in order to:
(a) provide the Services; and
(b) process your payment for the Services; and
(c) if you have consented for us to do so, inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
11. LIMITATION OF LIABILITY
11.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation; or breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.2 Subject to clause 11.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any indirect or consequential loss, including loss of profits or loss of sales or business.
12. CHANGES TO OUR TERMS
12.1 We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by email to the email address you provided when setting up your account. You will be subject to, and will be deemed to have been made aware of and have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
13. CHANGES TO OUR SERVICES
13.1 We may make changes to the Services from time to time (and suspend the Services whilst the changes are made):
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to make minor technical adjustments and improvements, for example to address a security threat; and
(c) to update content, provided that the content always matches the description of it that we provided to you before you bought it.
13.2 We will contact you in advance to tell you we are suspending the supply of our Services, unless the problem is urgent or an emergency. If we suspend supply, or tell you we are going to suspend supply, for more than 14 days, you can contact us by email to end the Contract and we will refund any sums you have paid in advance for Services you will not receive.
13.3 We can stop providing our Services. We let you know at least 14 days in advance and we refund any sums you have paid in advance for Services which will not be provided.
14.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so; or
(b) you fail to pay any amount due under the Contract on the due date for payment.
14.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
14.4 If we terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of a third party.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control“).
15.2 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel under this clause 15, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
16. COMMUNICATION BETWEEN US
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given under or in connection with the Contract (other than for or in legal proceedings) must be in writing and be delivered by email to firstname.lastname@example.org.
16.3 A notice or other communication is deemed to have been received:
(a) if sent by pre-paid first class post or other next working day delivery service, at 9.00 (GMT) am on the second working day after posting; or
(b) if sent by email, at 9.00 am the next working day (GMT) after transmission.
17.1 This Contract is between you and us and cannot be transferred by you without our written consent. We may transfer this Contract to an affiliate or to any third party acquiring the right to provide the Services from us.
17.2 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
17.3 Any variation of the Contract only has effect if it is in writing and signed by you and us (or our authorised representative).
17.4 If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.5 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.6 The Contract and all matters arising out of or in connection to it (including disputes as to its validity, formation, breach, and enforceability) are governed by English law.
YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THESE TERMS AND CONDITIONS
Last updated October 2023