Terms Of Use for BlemishPro Online Membership Platform

 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OUR PLATFORM

 

WHO WE ARE AND HOW TO CONTACT US

www.blemishpro.mykajabi.com is an online platform (Platform) operated by Gordon & Farr Limited trading as Blemish Pro (we, our, us).  We are a limited company registered in England and Wales under company number 15943180 and have our registered office at Wagtails Mill Road, Boxted, Colchester, England, CO4 5RW. 

To contact us, please email [email protected].


BY USING OUR PLATFORM YOU ACCEPT THESE TERMS

Our Platform is an online community for advanced blemish removal practitioners to engage with our content on skin treatments, techniques and a place where we can share our knowledge and experience with our members for information purposes only. 

By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them.  If you do not agree to these terms, you must not use our Platform. We recommend that you print a copy of these terms for future reference.


GENERAL DISCLAIMER

By using our Platform you warrant that you are doing so in the course of your own business or trade and that you are appropriately qualified to perform any techniques or treatments you may view on our Platform on your own clients. 

The content on our Platform is provided for general information only and is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform and you must not rely on the content on our Platform as a substitute for your own professional qualifications or experience.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Platform or the use of or reliance on any content displayed on our Platform.


THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms which apply to your use of our Platform:

  •     Our Privacy Policy, which explains how we collect, use and store your personal data.
  •     Our Cookie Policy, which sets out information about the cookies on our site.
  •     Our Platform Use Standards below which set out the behaviour we expect of our members to ensure that our Platform is a welcoming and comfortable place for all.


YOUR SUBSCRIPTION

By signing up to become a member of our Platform you are purchasing a monthly subscription to our Platform and agree to pay an initial and recurring monthly subscription fee at the then current monthly subscription rate.  You accept responsibility for all recurring charges until you cancel your subscription with us.  You may cancel your subscription at any time and we explain how to do so in the section below “Cancelling your subscription to our Platform”.

 

You authorise us to send instructions to the financial institution that issued your card to take payments from your card account in accordance with these terms of use.  You must provide a verified payment method (either a debit or credit card) to us at the time you purchase a monthly subscription to our Platform. You are responsible for maintaining the accuracy and validity of your chosen payment method information.  You are responsible for ensuring sufficient funds are available for monthly subscription fee payments.

Your chosen payment method will be charged the monthly subscription fee at the then current monthly subscription rate automatically on a recurring monthly basis from the date of your initial subscription payment.  For example, if you sign up to join our Platform on 2nd day of the month, you will be charged the monthly subscription fee at the then current monthly subscription fee rate at the time you purchase your subscription and you will then be charged on a recurring monthly basis on the 2nd day of each subsequent month until such time as you cancel your subscription in accordance with these terms.

We may change the price of our membership subscription to our Platform from time to time. We will notify you at least one month before any price changes or changes to your subscription fee will become effective. If you do not wish to accept the price change to your subscription, you can cancel your membership before the change takes effect.


CANCELLING YOUR SUBSCRIPTION TO OUR PLATFORM

You may cancel your subscription at any time by emailing [email protected] and giving us a minimum of 7 days’ notice of cancellation prior to the end of your current billing cycle.  If you choose to cancel your subscription, provided you have given us at least 7 days’ notice by email, your access to our Platform will be terminated at the end of the current monthly billing cycle in which you notify us of cancellation. 

If you email us to cancel your subscription less than 7 days prior to the end of your current billing cycle, you will be billed the monthly subscription fee for the next monthly billing cycle and your access to our Platform will be terminated at the end of the next monthly billing cycle.  You will still be able to access our Platform for the period for which you have paid your monthly subscription fee.  You will not be eligible for a refund for any monthly subscription fees paid.


MISSED MONTHLY SUBSCRIPTION PAYMENTS

You accept responsibility for all recurring charges until you cancel your subscription with us.  In the event that you cancel your recurring monthly subscription fee payment, or the monthly subscription fee payment fails for any other reason, we reserve the right to immediately suspend your access to our Platform until payment for the monthly subscription fee has been made by you to us.  In the event of a failed payment (however arising), your access to our Platform will cease at the end of the monthly subscription term prior to the date of the failed monthly subscription fee payment.  We will reinstate your access to our Platform on receipt of payment from you of the monthly subscription fee at the then current monthly subscription rate.


PLATFORM USE STANDARDS

These Platform use standards apply to any contact you make with other users on our Platform and any other ways you use our Platform.

We will determine in our discretion whether any use by you of our Platform breaches these Platform use standards.

You may not use our Platform:

  •     In any way that breaches local, national or international law or regulation.
  •     In any way that is unlawful or fraudulent or has any unlawful or fraudulent purposes or effect.
  •     For the purpose of harming or attempting to harm minors in any way.
  •     To bully, insult, intimidate or humiliate any person.
  •     To send, knowingly receive, upload, download, share, post, use or re-use any material which does not comply with our Platform use standards.
  •     To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional materials or any other form of similar solicitation (spam).
  •     To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar code designed to adversely affect the operation of any computer software or hardware.

Any comments you provide on the Platform must:

  •     Be accurate (where it states facts).
  •     Only contain opinions that are genuinely held.
  •     Comply with the law applicable in any country from which it is posted and to which the Platform is targeted.
  •     Not be defamatory of any person.
  •     Not be obscene, offensive, hateful or inflammatory.
  •     Not infringe any copyright, database right or trademark of any other person.
  •     Not include material that might impair the physical, mental or moral development of persons under the age of 18.
  •     Not be likely to deceive any person.
  •     Not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  •     Not contain illegal content or promotes any illegal content or activity.
  •     Not be in contempt of court.
  •     Not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  •     Not be likely to upset, harass, embarrass, alarm or annoy any other person.
  •     Not impersonate any person or misrepresent your identity or affiliation with any person.
  •     Not advocate, promote, incite any party to commit, or assist in any unlawful or criminal act.
  •     Not directly or indirectly encourage or otherwise induce the commission, preparation or instigation of acts of terrorism.
  •     Not be pornographic.


WE MAY MAKE CHANGES TO OUR PLATFORM

We may update and change our Platform from time to time to reflect changes to the content or our business priorities and to reflect our member’s feedback.  We will try to give your reasonable notice of any major changes.  


WE MAY SUSPEND OR WITHDRAW OUR PLATFORM

We do not guarantee that our Platform, or any content on it, will be available or uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms, and that they comply with them.  


WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.


USE OF OUR PLATFORM  

We operate under the laws of England and Wales.  We do not represent that content available on or through our Platform is appropriate for use or available in locations outside of the United Kingdom.


YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

You must keep all log in details for your membership account including any password or any other piece of information generated as part of our security procedures safe and confidential.  You must not share this information with any third party.  You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you information relating to your account.  

We have the right to disable any member ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your account password, you must promptly notify us at [email protected].

If you have forgotten your password, you can click on “Forgot password” on the log in page to reset the password on your account.  If you still have problems accessing your account after resetting your password, please email us at [email protected] and we will do our best to help.   


HOW YOU MAY USE MATERIALS ON OUR PLATFORM

We are the owner or licensee of all intellectual property rights in our Platform, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  Subject to the licence granted below, all such rights are reserved. 

As part of your membership to our Platform, we provide you with access to certain materials including checklists, templates and other downloadable business documentation (Member Materials).  In exchange for payment of the monthly subscription fee which provides you with access to our Platform, we grant you a revocable, non-exclusive license to download and use the Member Materials for the purposes of your own business or trade.  You may draw the attention of others within your business to content posted on our Platform.  You are not permitted to grant sublicenses in whole or in part of any of the rights granted to you under these Platform Terms of Use.

As part of your membership to our Platform, we also provide you with access to Blemish Pro branding, images, videos and case studies (Blemish Pro Materials).  You are not permitted to use, amend, download, copy, distribute, share, commercialise or otherwise deal with Blemish Pro Materials outside of our Platform for any reason. You must not use any illustrations, photographs, video or audio sequences or any graphics displayed on our Platform separately from any accompanying text and in any case for your own commercial use.

Our status (and that of any identified contributors) as the authors of the content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our Platform in breach of these terms of use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


NO TEXT OR DATA MINING, OR WEB SCRAPING

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any services provided via, or in relation to our Platform for any purpose, including the development, training, fine-tuning or validation of AI systems or models.  This includes using (or permitting, authorising or attempting the use of):

  •     Any “robot”, “bot”, “scraper” or other automated device, program tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Platform or any data, content, information or services accessed via the same.
  •     Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

You shall not use, and we do not consent to the use of our Platform or any data published by or contained in, or accessible via, our Platform or any services provided via, or in relation to our Platform for the purposes of developing, training, fine-tuning or validating any AI systems or model.


RULES ABOUT LINKING TO OUR PLATFORM

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make use of content on our Platform other than that set out above, please email [email protected].


MEMBER-GENERATED COMMENTS ON THE PLATFORM ARE NOT APPROVED BY US             

Our Platform may include comments uploaded by other members.  This information has not been verified or approved by us.  The comments expressed by members on our Platform do not represent our views or values.


DO NOT RELY ON INFORMATION ON THIS PLATFORM

The content on our Platform is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.


WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Platform links to other sites and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by us of those linked websites or the information you may obtain from them.

We have no control over the contents of those sites or resources.


WE ARE NOT RESPONSIBLE FOR VIRUSES

We do not guarantee that our Platform will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programs and Platform to access our Platform.  You should use your own virus protection software.

 

YOU MUST NOT INTRODUCE VIRUSES

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Platform or any part of it.  You must not attempt to gain unauthorised access to our Platform., the server on which our Platform is stored or any server, computer or database connected to our Platform or any other equipment or network connected with our Platform.  You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this Platform relies in any way.  You must not attack our Platform via a denial-of service attack or a distributed denial-of-service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our Platform will cease immediately.


OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit liability in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  •     Use of, or inability to use, our Platform; or
  •     Use of or reliance on any content displayed on our Platform.

In particular we will not be liable for :

  •     Loss of profits, sales, business or revenue;
  •     Business interruption;
  •     Loss of anticipated savings;
  •     Loss of business opportunity, goodwill or reputation; or
  •     Any indirect or consequential loss or damage.


HOW WE MAY USE YOUR PERSONAL DATA

We will only use your personal data as set out in our Privacy Policy.


WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law.  We both agree to the exclusive jurisdiction of the courts of England and Wales.

Please read our Cookie Policy.