1. General

This is a contract between you and the Monica Tolan Beauty & Skin Clinic and we want you to know yours and our rights before you use the Skin Deep application (“Skin Deep” or the “App”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms.

 

By downloading or using the app, these terms will automatically apply to you. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Monica Tolan Beauty & Skin Clinics.

 

Monica Tolan Beauty & Skin Clinics is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

 

1. Privacy & Security

The Skin Deep - The Skin Experts App stores and processes personal data that you have provided to us in order to provide our Service. These Terms and Conditions should be read in conjunction with our Privacy Policy which is incorporated by reference in these Terms and Conditions. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Skin Deep - The Skin Experts app won’t work properly or at all.

 

The app does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers used by the app

• Google Play Services
• Twillio
• Stripe
• Accuity
• Apple store
• Vimeo
• Klaviyo
• Youtube
• Paypal
• Shopify
• Google FCM notification
• Apple Pay

 

1. USE OF THE APPLICATION

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

 

You should be aware that there are certain things for which Monica Tolan Beauty & Skin Clinics will not take responsibility. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Monica Tolan Beauty & Skin Clinics cannot take responsibility for the app not working at full functionality.

 

Monica Tolan Beauty & Skin Clinics cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Monica Tolan Beauty & Skin Clinics cannot accept responsibility.

 

With respect to Monica Tolan Beauty & Skin Clinic’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Monica Tolan Beauty & Skin Clinics accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

 

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Monica Tolan Beauty & Skin Clinics does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

 

The advice given to clients from the Monica Tolan team is drawn from our experiences and all professional courses and training undertaken. We make no guarantees and do not guarantee to have the solution to every single problem. The advice given is simply that, advice, and it is up to each individual client to decide whether they follow it or not. We cannot be held responsible for any situation that is not fully resolved. We cannot be held responsible for any advice that is passed on by any client to a third party. 

 

How you can't use our App:

• You can't provide inaccurate information.
• You may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
• You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can't do anything to interfere with or impair the intended operation of the Service. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You can't attempt to create accounts or access or collect information in unauthorized ways.
• You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
• You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
• You can't use a domain name or URL in your username.
• You can’t promote a 3rd party on our platform unless permission has been granted to do so.

 

1. PAYMENT TERMS

Monica Tolan Beauty & Skin Clinic may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

 

Subscriptions and Auto-Renewal: We may offer some services as automatically-renewing subscriptions, (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT MONICA TOLAN BEAUTY & SKIN CLINIC’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Monica Tolan Beauty & Skin Clinic changes these prices and you do not cancel your subscription, you agree that you will be charged at the then-current pricing for subscription.

 

Canceling Subscriptions. If you purchased a subscription directly from Monica Tolan Beauty & Skin Clinic, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid or, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

 

Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial.

 

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

 

1. DISCLAIMER

THE APP AND OUR CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 

 

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

 

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. 

 

1. LIMITATION OF LIABILITY

WE WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

 

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP.

 

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED EURO (€100).

 

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

 

1. TERMINATION AND REMEDIES

These Terms commence on the date you accept them and continue until terminated in accordance with the terms herein.

If you want to terminate these Terms, you may do so by (a) notifying Monica Tolan Beauty & Skin Clinic at any time, and (b) closing your Account. Please note that if you terminate these Terms, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5.

 

Monica Tolan Beauty & Skin Clinic may terminate or suspend these Terms, including your Account, if you breach these Terms or if Monica Tolan Beauty & Skin Clinic is required to do so by applicable law. You agree that all terminations for cause shall be made in Monica Tolan Beauty & Skin Clinic’s sole discretion and that Monica Tolan Beauty & Skin Clinic shall not be liable to you or any third party for any termination of your Account.

In the event that Monica Tolan Beauty & Skin Clinic determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conducted inappropriate for the App, Monica Tolan Beauty & Skin Clinic reserves the right to: (a) warn you via email (to any email addresses you have provided to Monica Tolan Beauty & Skin Clinic) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Monica Tolan Beauty & Skin Clinic deems to be appropriate.

 

Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.

All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.

 

1. MISCELLANEOUS

These Terms, which we may amend from time to time, constitute the entire agreement between you and Monica Tolan Beauty & Skin Clinic. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation or any other liability which cannot be excluded in accordance with applicable law.

The Monica Tolan Beauty & Skin Clinic has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Monica Tolan Beauty & Skin Clinic and provides that information on an "as is", "as available" basis. The Monica Tolan Beauty & Skin Clinic does not give or make any warranty or representation of any kind about the information contained on Monica Tolan Beauty & Skin Clinic, whether express or implied. Use of Monica Tolan Beauty & Skin Clinic and the materials available on it is at your sole risk. 

 

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Monica Tolan Beauty & Skin Clinic is free of viruses or other harmful components. You accept that Monica Tolan Beauty & Skin Clinic will not be provided uninterrupted or error free, that defects may not be corrected or that The Monica Tolan Beauty & Skin Clinic, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The Monica Tolan Beauty & Skin Clinic is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

 

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

 

1. GOVERNING LAW

Any claims arising from or related to your relationship with Monica Tolan Beauty & Skin Clinics, and these Terms are governed and interpreted by the laws of Ireland. All claims arising out of or relating to these Terms and/or your relationship with Monica Tolan Beauty & Skin Clinics shall be subject to the jurisdiction of the Courts of Ireland.

 

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

 

These terms and conditions are effective as of 2021-08-31

 

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at app@monicatolan.com.