Terms and Conditions
Making Skincare Website Terms and Conditions
Welcome to Making Skincare!
Making Skincare offers Courses.
The following terms and conditions (“Terms“) apply to our provision and your use of the information, services and materials (“Courses“) through the Making Skincare website (the “Website“) including you visiting and browsing the Website (being a “Visitor“) and buying a Course with Making Skincare as a student (a “Learner“). Your “Enrolment Date“ is the date which you purchased the Course.
1. About Us
1.1 In these Terms, references to “we” or “us” are to Making Skincare.
1.2 If you have any questions about these Terms or wish to contact us for any reason please click on “feedback” and select “contact support”.
2. Using the Website (Learner conduct)
2.2 Your use and access of this Website and the Courses is subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will be a breach of these Terms by you:
a. you agree to use the Website and access the Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
b. you agree not to use the Website or access the Courses for the purpose of harming or attempting to harm minors in any way;
c. you agree not to distribute all or any part of the Website or Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation, under section 7.11. ;
d. you agree not to alter or modify any part of the Website or any of the Online Content and Courses;
e. you agree not to access the Website or Courses through any technology other than the software provided by us or enabled via API’s or other generally available third party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
f. you agree not to (and not to attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the Website or access to the Online Content and Courses;
g. you agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
h. you agree not to use or access the Website or Courses or any part of them for any commercial uses or for the benefit of any third party, including but not limited to:
i. the sale of access to the Courses or any associated content;
ii. the solicitation of business in the course of trade or in connection with a commercial enterprise; and
iii. the solicitation of, for commercial purposes, any Visitors or Learners of the Website with respect to their content
i. you agree to use the Website and access the Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses.
j. you agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;
k. you agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
l. you will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Courses) for any other purposes other than as permitted by these terms and conditions without our prior written consent or the prior written consent of the respective licensors/owners of the content on the Website;
m. you agree not to use the Website or the Courses in any manner intended to damage, disable, overburden or impair any Making Skincare server or the network(s) connected to any Making Skincare server, or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
n. you agree not to use any high volume, automated, or electronic means to access the Website or the Courses (including without limitation robots, spiders or scripts);
o. you agree not to frame the Website or the Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
p. you agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
q. you agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
r. you agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms (including our Privacy and Cookies Policies).
2.3 You agree to comply with these Terms generally (including, without limitation paragraph 7 below) in relation to any Learner Content (as defined in paragraph 7.1) provided by you in connection with the Courses and in connection with the ability to post messages (as further detailed in paragraphs 7.6 to 7.9 below).
2.4 You agree that you will comply with all of the other provisions of the Terms at all times during your accessing of the Website and use of the Online Content and Courses.
2.5 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.6 You acknowledge and agree that the form and nature of the Website and Courses which we provide may change from time to time without prior notice to you.
2.7 Whilst we do all we can to ensure that the Courses are of a high standard, you understand and acknowledge that, in using the Website and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content. .
2.8 You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Courses (or any part of the Courses) to you or to Learners generally at our sole discretion, without prior notice to you.
2.9 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
3. Sale and Accounts
3.1 Any Visitor can view the Website, but in order to participate and view the Courses, you will place an “Order” means an offer by you to purchase the Course in accordance with these Terms. Your offer is only accepted when we send you an email granting you access to the Course Units. A contract will then come into existence between Making Skincare subject to these Terms, unless it is cancelled earlier in accordance with these Terms and you will have a “Learner Account”. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.
3.2 In setting up your Learner Account, you may be prompted or required to enter additional information, including but not limited to your gender, date of birth and location. Additional information may also be required to confirm your identity.
3.3 You undertake to us that all information provided by you in relation to your Learner Account is and will be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
3.4 You acknowledge that if any information provided by you in relation to your Learner Account is untrue, inaccurate,not current or incomplete, we reserve the right to suspend or terminate your access to and use of the Website and your enrolment in the Online Content and Courses.
3.5 Your Enrolment in a Course will be limited to the period specified for your Course, commencing from the Enrolment Date.
3.6 You acknowledge and agree that your Enrolment in a Course and continued participation in a Course is subject to you complying and continuing to comply with these Terms.
4. Student Conduct
4.1 By registering with Making Skincare for a Learner account, you agree (in addition to your obligations as a Learner above) that you:
(a) are registered for the Website only once and will not set up multiple Learner accounts;
(b) will not let anyone else use your Learner Account;
(c) will not cheat on any assignment or exam relating to the Courses, nor share solutions to homework assignments or exams;
(d) will notify the administrators of the relevant Courses (“Course Administrator”), immediately if you become aware of any other Learner cheating or breaching these Terms.
4.2 If you are disqualified for any reason under paragraph 4.1a), b) or c), we may prohibit your access or participation in the Online Content and Courses.
6. Licence to use
6.1 Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:
(a) to access, internally use and display the Website and Courses as an individual only at your location solely as necessary to browse and/or participate in the Courses as permitted by these Terms; and
(b) to download permitted content from the Courses so that you may exercise the rights granted to you by these Terms.
6.2 You must abide by all copyright notices or restrictions contained on the Website or the Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.
7. Your Content
7.1 The Courses may provide you with the ability to upload notes and replies, Learner discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Website or Courses, e.g., written assignments, questions, hypothetical, examples, etc. (collectively, “Learner Content”).
7.2 We do not claim ownership of any Learner Content you may submit or make available for inclusion on the Website or Courses. Accordingly, subject to the licence granted to us and any applicable Partner Institution, the Learner will be the sole and exclusive owner of any and all rights, title and interest in and to the Learner Content.
7.3 With respect to any Learner Content you submit to us (including for inclusion on the Website or Courses) or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Learner Content on the Website and/or in the Courses or otherwise exploit the Learner Content, with the right to sublicense such rights (to multiple Learners), for any purpose associated with the provision of the Website and the Courses. We reserve the right to remove any Learner Content without prior notice at any time and for any reason.
7.4 To the extent that you provide any Learner Content, you represent and warrant that:
(a) you have all necessary rights, licences and/or clearances to provide such Learner Content and permit us to use and publish such Learner Content as provided in paragraph 7.1 to 7.3 above;
(b) such Learner Content is accurate and complete to the best of your knowledge and belief;
(c) as between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Learner Content; and
(d) such use and/or publication of your Learner Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
7.5 With respect to any submissions of Learner Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
7.6 The Website and/or the Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Learners and/or us.
7.7 You agree to use communication methods available on the Website and/or the Courses only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms.
7.8 By using any of the communications methods available on the Website and/or the Courses, you agree that:
(a) all communications methods constitute public, and not private, means of communication between you and the other party or parties;
(b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
(c) most content will be reactively moderated if flagged by Learners or Visitors but we reserve the right to pre-review or post-review Learner Content to ensure that it complies with generally acceptable standards of communication where the following types of language/behaviour is prohibited: swearing, using obscene, offensive or otherwise harmful language, posting defamatory remarks and other types of communication that, in our reasonable opinion, should be prohibited
7.9 Additionally, through such communication methods set out in paragraph 7.8 above, we may make certain types of services available to you. For instance, we may make available to you, in connection with your participation in an Online Course, chat room services that allow you to communicate with our staff members and/or staff members of our Partner Institutions so that you may ask questions about the academic materials in the Online Course or about your general experiences on the Website.
7.10 You acknowledge and agree that the services set out in paragraphs 7.6 to 7.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
7.11 Any Learner Content that is published on the public discussion areas of the Website (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence (Attribution-Non Commercial-NoDerivs; BY-NC-ND). We will not make available any Learner Content related to your assignments or assessments.
9. Copyright Policy
9.1 It is our policy that any content included on the Website or within the Courses that infringes the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement.
9.2 If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing a Copyright Infringement Notice to courses@Making Skincare.com, containing details outlined in section 9.4.
9.3 We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
9.4 When you notify us in accordance with paragraph 9.2, your written notice must contain the following:
a. a statement telling us you believe that you have found content on the Website which you believe infringes your intellectual property rights;
b. which country your intellectual property rights apply to;
c. the title of the content concerned and the full URL for access to that content;
d. a statement explaining how the content infringes your intellectual property rights;
e. your mailing address, telephone number and email address so that we can contact you;
f. a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
g. your signature (an electronic signature is sufficient).
9.5 We will, acting in our sole discretion, terminate Learner accounts and access to the Website and Courses if a Learner has been notified of infringing activity twice or more (regardless of whether the Learner has taken appropriate action as we may direct).
10. Privacy and Security
11. Linking to Other Sites
11.1 The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
11.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
(a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and
(b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
11.3 We may remove any links to Linked Sites from the Website at any time for any reason.
11.4 We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
11.5 We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
12. Making Skincare’s Intellectual Property Rights
12.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Courses IPR”). The Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Courses IPR remains the property of us or the licensor, as applicable, and that all updates and modifications to the Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 6 above.
Unless otherwise stated, copyright in the Courses belongs to the relevant Partner Institution providing the Online Content and Courses.
12.2 Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“Making Skincare IPR”).
12.3 If any Courses IPR or Making Skincare IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Courses IPR or Making Skincare IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Courses IPR or Making Skincare IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Courses or the Website.
12.4 You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Courses IPR or Making Skincare IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
13. Your Liability to Us
13.1 You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
a. you submitting your content to the Website or participating in the Online Content and Courses;
b. your access to or use of the Website or Online Content and Courses;
c. your breach of any of these Terms; and
d. any negligent act or omission, deliberate default or breach of statutory duty on your part.
13.2 Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
13.3 This paragraph 13 survives the end of these Terms.
14. Our Liability to you
14.1 Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
14.2 The Website and the Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.
14.3 We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms. This includes:
a. any loss of profit (directly or indirectly);
b. any loss of goodwill;
c. any loss of opportunity; or
d. any loss of data suffered by you.
14.4 We provide the Courses on the Website in good faith but give no warranty or representation that the Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them. We do not warrant that defects in the Website or Courses will be corrected.
14.5 Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect.
14.6 We accept no responsibility for any loss or damage incurred by you as a result of:
(a) any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content and Courses;
(b) any changes which we may make to the Website or Courses, or for any temporary interruptions in the provision of the Website or Online Content and Courses;
(c) the deletion of, corruption of, or failure to store, any Courses and other communications data maintained or transmitted by or through your use of the Website;
(d) your failure to provide us with accurate account information; and
(e) your failure to keep your account details secure and confidential.
14.7 We reserve the right to suspend your use of the Website and/or access to the Courses at any time for operational, regulatory, legal or other reasons.
14.8 We may terminate your account or use of the Website with immediate effect:
(a) if you or any Learner you are connected with breach any of these Terms;
(b) in order to prevent any fraudulent, unlawful or abusive activity; or
(c) if it is necessary to prevent or stop any harm or damage to us, other Learners of the Website or the general public.
14.9 All content provided by Making Skincare is the result of research and experience by Making Skincare. Making Skincare has tried to be as precise as possible with the description of the ingredients and the recipes. Making Skincare does not make any claims regarding any of the ingredients, recipes or medical claims. These products are not intended to diagnose, treat, cure or prevent any disease. Making Skincare recommends for each individual to do their own additional research about the safety and storage of each ingredient, perform required pre-market tests for producing cosmetics and follow the USA FDA regulations, city and state regulations for cosmetics, EU Cosmetics Regulation and the regulations in other countries.
15. Governing Law
15.1 These Terms and the relationship between you and us are governed by English law.
15.2 For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing we both agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from these Terms and the relationship between you and us.
15.3 Notwithstanding paragraph 15.2, you agree that we are permitted to apply for injunctive remedies (or other types of urgent interim relief) in any jurisdiction at any time.
16. Changes to the Website and these Terms
16.1 We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements, without notice to you. Any updates or amendments will be posted on the Website. In addition, we reserve the right to modify, suspend or discontinue all of the Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
17. Other Important Terms
17.1 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms remain in full force and effect.
17.2 Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.3 We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without our prior written consent.
Updated 25 January 2016