Terms and Conditions
Advanced Cosmetic Formulators Club Terms and Conditions
Welcome to the Advanced Cosmetic Formulators Club!
The Advanced Cosmetic Formulators Club offers a membership Club aimed at advanced cosmetic formulators.
The following terms and conditions (“Terms“) apply to our provision and your use of the information, services and materials (“Club“) through the Advanced Cosmetic Formulators Club through it’s Facebook group, newsletter, email shots, videos and online meetings (the “Facebook group“) including you visiting and browsing the Facebook group (being a “Visitor“) and buying a membership of the Advanced Cosmetic Formulators Club as a Member (a “subscriber“). Your “Enrollment Date“ is the date which you purchased the membership.
1. About Us
1.1 In these Terms, references to “we” or “us” are to Advanced Cosmetic Formulators Club.
1.2 If you have any questions about these Terms or wish to contact us for any reason please contact us.
2. Using the Facebook group (subscriber conduct)
2.2 Your use and access of this Facebook group and the Club 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 Facebook group and access the Club 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 Facebook group or access the Club 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 Facebook group or Club, including newsletter, email shots and online meeting videos in any medium without our prior written consent;
d. you agree not to alter or modify any part of the Facebook group or any of the Online Content and Club;
e. you agree not to access the Facebook group or Club 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 Facebook group or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the Facebook group or access to the Online Content and Club;
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 Facebook group or Club 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 Club or any associated content;
ii. the solicitation of business in the Club of trade or in connection with a commercial enterprise; and
iii. the solicitation of, for commercial purposes, any Visitors or subscribers of the Facebook group with respect to their content
i. you agree to use the Facebook group and access the Club in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Facebook group, Online Content and Club.
j. you agree not to ask for, collect or harvest any personal data of any Visitor or subscriber of the Facebook group or Online Content and Club;
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 Facebook group, newsletter, email shots, video online meetings etc (including without limitation the Club) 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 Facebook group;
m. you agree not to use the Facebook group or the Club in any manner intended to damage, disable, overburden or impair any Advanced Cosmetic Formulators Club server or the network(s) connected to any Advanced Cosmetic Formulators Club server, or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the Facebook group;
n. you agree not to use any high volume, automated, or electronic means to access the Facebook group or the Club (including without limitation robots, spiders or scripts);
o. you agree not to frame the Facebook group or the Club, 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 subscriber’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 Facebook group; 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 subscriber Content (as defined in paragraph 7.1) provided by you in connection with the Club 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 Facebook group and use of the Online Content and Club.
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 Facebook group and Club 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 Club are of a high standard, you understand and acknowledge that, in using the Facebook group and Club, 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 Facebook group, Club (or any part of the Club) to you or to subscribers 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 www.FormulateNaturalCosmetics.com, but in order to participate and view the Club, you will place an “Order” means an offer by you to purchase a subscription to the Club for US$70 which will be for a period ending on 31 July 2018 in accordance with these Terms. Your offer is only accepted when we send you an email approving your application and granting you access to the Club. Acceptance of an application for Membership at each Club is at our absolute discretion. A contract will then come into existence between Advanced Cosmetic Formulators Club subject to these Terms, unless it is cancelled earlier in accordance with these Terms and you will have a “subscriber Account”. You agree that you are a member of Facebook so can access the Club. You agree that you will never divulge or share access or your access information to your subscriber Account with any third party for any reason. Your membership subscription to the Club may be revoked, at our sole discretion, at any time, without notice, for any reason without refund nor compensation. We do not provide refunds or credits for any partially used membership periods.
3.2 In setting up your subscriber Account, you may be prompted or required to enter additional information, including but not limited to your gender, date of birth, location, email registered with facebook and your a link to your facebook profile page. Additional information may also be required to confirm your identity. You may also be given a formulation test.
3.3 You undertake to us that all information provided by you in relation to your subscriber 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 subscriber Account is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your access to and use of the Facebook group and your enrolment in the Online Content and Club.
3.5 Your Enrolment in a Club will be limited to the period specified for your Club (31 July 2008), commencing from the Enrolment Date.
3.6 You acknowledge and agree that your Enrolment in a Club and continued participation in a Club is subject to you complying and continuing to comply with these Terms.
4. Member Conduct
4.1 By registering with Advanced Cosmetic Formulators Club for a subscriber account, you agree (in addition to your obligations as a subscriber above) that you:
(a) are registered for the Facebook group only once and will not set up multiple subscriber accounts;
(b) will not let anyone else use your subscriber Account;
(c) will not cheat on any assignment or exam relating to the Club, nor share solutions to homework assignments or exams;
(d) will notify the administrators of the relevant Club (“Club Administrator”), immediately if you become aware of any other subscriber 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 Club.
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 Facebook group and Club as an individual only at your location solely as necessary to browse and/or participate in the Club as permitted by these Terms; and
(b) to download permitted content from the Club 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 Facebook group or the Club. You may not delete any attributions, legal or proprietary notices on the Facebook group or the Online Content and Club.
7. Your Content
7.1 The Club may provide you with the ability to upload notes and replies, subscriber discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Facebook group or Club, e.g., written assignments, questions, hypothetical, examples, etc. (collectively, “subscriber Content”).
7.2 We do not claim ownership of any subscriber Content you may submit or make available for inclusion on the Facebook group or Club. Accordingly, subject to the licence granted to us and any applicable Partner Institution, the subscriber will be the sole and exclusive owner of any and all rights, title and interest in and to the subscriber Content.
7.3 With respect to any subscriber Content you submit to us (including for inclusion on the Facebook group or Club) 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 subscriber Content on the Facebook group and/or in the Club or otherwise exploit the subscriber Content, with the right to sublicense such rights (to multiple subscribers), for any purpose associated with the provision of the Facebook group and the Club. We reserve the right to remove any subscriber Content without prior notice at any time and for any reason.
7.4 To the extent that you provide any subscriber Content, you represent and warrant that:
(a) you have all necessary rights, licences and/or clearances to provide such subscriber Content and permit us to use and publish such subscriber Content as provided in paragraph 7.1 to 7.3 above;
(b) such subscriber 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 subscriber Content; and
(d) such use and/or publication of your subscriber 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 subscriber 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 Facebook group and/or the Club 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 subscribers and/or us.
7.7 You agree to use communication methods available on the Facebook group and/or the Club 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 Facebook group and/or the Club, 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 subscribers or Visitors but we reserve the right to pre-review or post-review subscriber 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 Club, 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 Club or about your general experiences on the Facebook group.
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.
9. Copyright Policy
9.1 It is our policy that any content included on the Facebook group or within the Club that infringes the intellectual property rights of any third party will be removed from the Facebook group 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 Facebook group by emailing a Copyright Infringement Notice to us, 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 Facebook group 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 subscriber accounts and access to the Facebook group and Club if a subscriber has been notified of infringing activity twice or more (regardless of whether the subscriber has taken appropriate action as we may direct).
10. Privacy and Security
11. Linking to Other Sites
11.1 The Facebook group may contain links to pages on other Facebook groups (“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 Facebook group 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. Advanced Cosmetic Formulators Club’s Intellectual Property Rights
12.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Facebook group, newsletter, email shots, video online meetings etc and Club including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Club IPR”). The Club IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Club IPR remains the property of us or the licensor, as applicable, and that all updates and modifications to the Club IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Club 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 Club belongs to the relevant Partner Institution providing the Online Content and Club.
12.2 Other than any content submitted to the Facebook group 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 Facebook group (“Advanced Cosmetic Formulators Club IPR”).
12.3 If any Club IPR or Advanced Cosmetic Formulators Club 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 Club IPR or Advanced Cosmetic Formulators Club IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Club IPR or Advanced Cosmetic Formulators Club 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 Club or the Facebook group.
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 Club 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 Facebook group or participating in the Online Content and Club;
b. your access to or use of the Facebook group or Online Content and Club;
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 Facebook group and the Club 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 Club on the Facebook group in good faith but give no warranty or representation that the Club are accurate, complete or up-to-date or that they will meet your requirements, nor that the Facebook group does not infringe the rights of any third party. We accept no responsibility or liability for your use of Club on the Facebook group 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 Facebook group, we accept no liability for them. We do not warrant that defects in the Facebook group or Club will be corrected.
14.5 Information transmitted via this Facebook group will pass over public telecommunications networks. We make no representation or warranty that the operation of this Facebook group 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 Facebook group or in relation to the Online Content and Club;
(b) any changes which we may make to the Facebook group or Club, or for any temporary interruptions in the provision of the Facebook group or Online Content and Club;
(c) the deletion of, corruption of, or failure to store, any Club and other communications data maintained or transmitted by or through your use of the Facebook group;
(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, at our sole discretion, to suspend and/or terminate your use of the Facebook group and/or access to the Club at any time, without notice and without refund, nor compensation, for operational, regulatory, legal or any reason whatsoever.
14.8 All content provided by Advanced Cosmetic Formulators Club is the result of research and experience by Advanced Cosmetic Formulators Club. Advanced Cosmetic Formulators Club has tried to be as precise as possible with the description of the ingredients and the recipes. Advanced Cosmetic Formulators Club 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. Advanced Cosmetic Formulators Club 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 Facebook group 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 Facebook group. In addition, we reserve the right to modify, suspend or discontinue all of the Club 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 Facebook group, 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 14 May 2017