Terms of service

1. Introduction

These are the terms of service (“Terms of Service”) for your use of services, goods, or features in connection with the websites operated by Medik8 Inc. d/b/a Medik8 (“Medik8", “we,” “us,” or “our”) namely (i) us.medik8.com, (ii) medik8.com/us and (iii) medik8.us (the “Sites”) and any related websites on sub-domains, extensions and locales that we own, and any related online platforms, social media, applications and software systems that we operate (together with the “Sites”). These Terms of Service are applicable only to visitors, users, vendors, customers, merchants, and others, who currently reside in or select a shipping address in the United States or who access the Sites from the United States (“you” or “your”).

As described in the Medik8 Privacy Policy (USA), (the “Privacy Policy”), the Sites are not directed to anyone under the age of 13. You may only use the Sites if you are 13 years of age or older. If you are under the age of 18, your parent or legal guardian must agree to these Terms of Service on your behalf and you may register an account or shop on the Sites with permission from your parent or legal guardian. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control predictions are commercially available and may assist you in limiting access to material that is harmful to minors.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Acceptance of These Terms of Service

BY CHECKING THE BOX INDICATING YOUR AGREEMENT ON THE CHECKOUT PAGE, SELECTING “CHECKOUT,” SETTING UP AN ACCOUNT ON THE SITES, OR OTHERWISE USING THE SITES OR EXPRESSLY CONSENTING TO THE TERMS OF SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE.

Please read these Terms of Service carefully. Please print and retain a copy for your records. We may, from time to time, modify these Terms of Service. When we make changes, we will post the revised Terms of Service on the Sites. Your use of the Sites following any such modification constitutes your agreement to the modified Terms of Service, except as otherwise provided. You should visit this page frequently to learn about any changes to these Terms of Service.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, OR ANY CHANGE THAT WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP ACCESSING THE SITES AND DISCONTINUE USING THE SERVICES PROVIDED BY MEDIK8.

3. Acceptable Use of the Sites

You are responsible for your use of the Sites, and for any use of the Sites through your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Sites, you may not:

violate any law or regulation;
violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
engage in spidering or harvesting, or participate in the use of software, including spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software designed to collect data from the Sites;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
use our Sites in any way or take any action that causes, or may cause, damage to the Sites or impairment of the performance, availability or accessibility of the Sites;
use any means to scrape or crawl any web pages contained in the Sites;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Sites;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Sites; or
advocate, encourage, or assist any third party in doing any of the foregoing.

If you engage in the above-mentioned prohibited conduct or otherwise breach these Terms of Service, Medik8 may, at its sole discretion, send you one or more formal warnings, temporarily suspend your access to the Sites or your account, block your access to the Sites, permanently prohibit you from accessing the Sites, permanently cancel your account and/or commence legal action against you pursuant to the Dispute Resolution and Arbitration Agreement below.

4. Intellectual Property Protection

Medik8® is a registered trademark of Medik8. Medik8 and other marks indicated on our Sites are trademarks or registered trademarks of Medik8. All rights in such names are reserved.

Trademark. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Medik8 or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Medik8 or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any trademark of Medik8 or any third party.
Copyright. Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Sites, and the selection, coordination, and arrangement of such content, are owned by Medik8 or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Medik8 or any third party.

The Sites and the information contained therein are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Service, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Medik8 or its lawful successors and assigns.

5. User Profile Information and Communications

When you set up a user profile on the Sites, Medik8 will require you to provide a password, a username, and other information such as your name, phone number, social media account details, user profile picture, before and after photos, and email address. You agree and represent that all of the information you provide to us is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, assign, or sub-license your user profile to any third party without our prior written approval. You are responsible for and agree to notify Medik8 of any breach of security on your account, including any loss or compromise of your username and password information. Medik8 will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.

When you use our Sites, or send emails, text messages, chat messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the Sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

Any personal information that you provide to Medik8 will be collected, used, disclosed, or otherwise processed as described in the Privacy Policy. Please review our Privacy Policy, which also governs
your use of our Site and is incorporated in these Terms, to understand our practices.

6. User Content

The Sites may invite you to upload, submit, store, or send content and data (“User Content”) such as your user profile picture, product photos, before and after photos, or through product reviews, contests, or sweepstakes. You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Sites, you give us permission to reproduce and use your User Content as follows: You grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Sites and our services) and to publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating, promoting, and improving the Sites and promoting Medik8, and for other purposes that Medik8 may determine in its sole discretion, including for the purposes of sharing on social media operated by Medik8. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license will continue even after you stop using the Sites.

You promise that you own all rights to your User Content or alternatively, that you have the right to give us the rights described above, and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

By submitting User Content, in addition to any other rights which may be granted in any other agreement entered into between you and Medik8 and if you provide such information or content to Medik8, you irrevocably grant Medik8 and its successors, assigns, and licensees, the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sites and hereby release Medik8 from any liability with respect thereto.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Sites for any reason.

7. Payment

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Medik8 at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other interactions. If you choose to store your credit or debit card information for future use on the Sites, we may update your credit or debit card information automatically based on information provided by the issuing bank or card brands.

8. Digital Millennium Copyright Act (“DMCA”)—Infringement Complaint Procedures

Takedown Notices. If you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide a written notice to our DMCA Agent with the following information:

(i) a description of the copyrighted work that you claim has been infringed;

(ii) a description of the material that you claim is infringing and a description of where the allegedly infringing material is located on the Sites (e.g., a URL);

(iii) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, including fair use; and

(vi) a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Counter Notifications. If you are notified that material you posted is the subject of a takedown notice, and if you believe that the material is not infringing, you may submit a written counter notification to our DMCA Agent listed below. To be actionable, the written counter notification must include substantially the following information:

(i) your physical or electronic signature;

(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

(iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Medik8 may be found, and that you will accept service of process from the person or entity who submitted the takedown notice or an agent of such person/entity.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. PLEASE NOTE THAT INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE OR REPORTS OF EMAIL ABUSE, ETC.) WILL NOT RECEIVE ANY RESPONSE.

Send all notice of claims of copyright infringement as well as counter-notices to Medik8’s DMCA Agent, who can be reached as follows:

Medik8 DMCA Agent
Medik8 d/b/a Medik8
Address:
Medik8 Inc. d/b/a Medik8
c/o Morgan, Lewis & Bockius LLP
1701 Market Street
Philadelphia, PA 19103
Phone: (215) 963-5000
Email: customercare (at) medik8.us

** To help ensure expeditious processing, please include the following subject line in your email: “DMCA Takedown Notice” or, if appropriate, “DMCA Counter Notice”**

Repeat Infringer Policy. In accordance with the DMCA, Medik8 has adopted a policy of terminating, in appropriate circumstances and at Medik8’s sole discretion, account holders deemed to be repeat infringers due to our receipt of multiple DMCA notifications from content owners.

9. License and Sites’ Access

Medik8 grants you a limited, revocable, nontransferable, and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify the Sites, or any portion of them, except with express written consent of Medik8. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, including use by resellers or bulk purchasers, without express written consent of Medik8. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Medik8 and its affiliates without express written consent of Medik8. You may not use meta tags or any other hidden text using Medik8 name or trademarks without the express written consent of Medik8. Any unauthorized use will immediately terminate the permission or license granted by Medik8.

10. Risk of Loss

All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Medik8. Title to products purchased on the Sites, as well as the risk of loss for such products, pass to you when Medik8 (or Medik8’s service providers, or vendors, or other third parties providing delivery services on behalf of Medik8) delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

11. Product Information and Order Acceptance

MEDIK8 ATTEMPTS TO BE ACCURATE IN DESCRIBING AND DEPICTING ITS PRODUCTS. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, DEPICTIONS, COLORS, DIMENSIONS, AVAILABILITY, OR OTHER CONTENT OR INFORMATION ON THE SITES ARE COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALTHOUGH WE MAKE OUR BEST EFFORTS TO ENSURE THAT ANY LIST OF INGREDIENTS ON THE SITES IS ACCURATE, FOR THE COMPLETE LIST OF INGREDIENTS PLEASE REFER ONLY TO THE LIST PROVIDED ON THE PRODUCT PACKAGING AS WE MAY UPGRADE OUR PRODUCTS FROM TIME TO TIME OR THE INGREDIENTS MAY SLIGHTLY VARY FROM ONE REGION TO ANOTHER DEPENDING ON APPLICABLE LAWS. PLEASE READ THE PRODUCT PACKAGING PRIOR TO USING OUR PRODUCTS TO ENSURE THAT THE INGREDIENTS ARE SUITABLE AND MEET YOUR EXPECTATIONS. PLEASE ALSO FOLLOW ALL PRECAUTIONS AND DIRECTIONS BEFORE USING THE PRODUCTS. IF A PRODUCT OFFERED BY MEDIK8 OR THE EXPERIENCE OR EXPECTATIONS FOLLOWING USE OF THE PRODUCT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT UNDER THE TERMS OF OUR RETURN POLICY.

Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. Dollars. Despite our best efforts, it is possible that items in our online catalog may be mispriced and pricing or other errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right, without prior notice, to correct pricing errors, limit the order quantity on any item and/or refuse services to any customer in accordance with applicable law. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.

12. No Medical Advice

YOU UNDERSTAND AND AGREE that all material and information presented by Medik8, whether provided by us or other users or third parties, is intended to be used for personal, educational, or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions, and guidelines. Use of the Sites is not in any way meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products, or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical questions and these Sites do not replace any medical professional or medical resource. Medik8 does not represent as a physician nor is this implied. No prescription medication or medical treatment is intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

Please note Medik8's social media accounts and any content posted there by us or others are not targeted at the audience in the United States. Therefore, to the extent you interact with Medik8 social media accounts, you understand and agree that no information provided on Medik8's social media accounts is meant to serve as medical advice and shall be construed that way under any circumstances.

13. Return Policy

When we are offering a 30-day Promotional Return Policy (as defined below), such policy will be displayed on the product pages on the Sites with the message “Easy 30-Day Returns.” Otherwise, the Standard Return Policy (as defined below) shall apply. The applicable return policy will be the one in force at the time of your order.

Promotional Return Policy. Purchase direct from Medik8 with confidence, and definitely no hassle. If you are unhappy with your purchase for any reason, we simply ask that you return any product to us at least half-full within 30 days after purchase. We ask that you follow the instructions on the product returns page, which may change from time-to-time but will always involve a reasonable requirement to obtain authorization from us for making a return. Please check the returns page before placing an order with us to ensure that you are satisfied with our return policy. Please remember, when returning any kit item (including any custom CSA kits), you must return the entire set. You will then receive a full product refund (to the same payment method used for purchase) or product exchange depending on your preference. After we, or our service provider, receive back your return, we will promptly issue you with a refund in accordance with the details on the returns page at the time you place your order (“Promotional Return Policy”).

We reserve the right to amend or cancel this Promotional Return Policy at any time at our sole discretion.

Standard Return Policy. Any returned items must be unopened and unused and in the state you received them, and in their original packaging with any paperwork. Returns will be processed within two (2) to three (3) weeks of receiving them. If you request a refund, we will refund the purchase price and any applicable taxes to the credit or debit card or other payment method with which you made your initial purchase. Please note that the items purchased during a sale or from our sale page are not eligible for any return or exchange. We reserve the right to refuse any return that does not meet our return requirements (“Standard Return Policy”).

14. Accessibility

Medik8 is committed to providing the best user experience for everyone, including users with disabilities. To fulfill this promise, on the Sites, we aim to adhere as closely as possible to the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1. These guidelines explain how to make web content more accessible to people with a wide array of disabilities. Complying with those guidelines helps us provide the Sites in a manner that is accessible to all people.

Your feedback is welcome. If you have any questions about our accessibility features, please contact us:

• Email: customercare (at) medik8.us

15. DISPUTE RESOLUTION & ARBITRATION AGREEMENT (“Arbitration Agreement”)

Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Medik8 agree that any legal dispute between you and Medik8 concerning or arising in any way out of a purchase from the Sites, any communications between you and Medik8, or your participation in any other program or service provided by Medik8 shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or Medik8 may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Medik8 whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Medik8, Attention: Legal Department, 730 Centennial Park, Elstree, Hertfordshire, WD6 3SZ, United Kingdom or (2) to you at the billing address on file with Medik8. Both you and Medik8 agree that this dispute resolution procedure is a condition precedent, which must be satisfied before initiating any arbitration against the other party.

Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from the Sites; or (b) create an account or otherwise sign up for any program or service provided by Medik8. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to Medik8 to customercare (at) medik8.us or by sending a letter to Medik8, Attention: Legal Department, 730 Centennial Park, Elstree, Hertfordshire, WD6 3SZ, United Kingdom. You should include your printed name, mailing address, and the words “Reject Arbitration.”

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Medik8 agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in Philadelphia, Pennsylvania. Except for a Dispute determined by the arbitrator to be frivolous or initiated in bad faith, Medik8 will pay all filing, administrative, arbitrator and hearing costs up to a total amount of $5,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND MEDIK8 ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND MEDIK8 HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state of your residence (determined by your billing address on filed with Medik8) will govern. Medik8 will provide notice of any material changes to this Arbitration Agreement. Except as set forth above with respect to the class action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of the Arbitration Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the end of the relationship between you and Medik8, including, without limitation, termination of your membership or participation in any Medik8 loyalty program or contest or promotion, cancellation or deletion of your Medik8 account, opt out of marketing, or end of participation in any Medik8 program or service.

16. Disclaimer of Warranties

YOU USE THE SITES AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEDIK8 AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

IN PARTICULAR, MEDIK8 AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITES. MEDIK8 AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

17. Limitation of Liability

EXCEPT FOR A BREACH OF THESE TERMS OF SERVICE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITES IN VIOLATION OF THESE TERMS OF SERVICE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR MEDIK8 AND/OR ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SITES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SITES OR LINKED TO THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MEDIK8 AND/OR ANY OF ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. EXCEPT FOR A BREACH OF THESE TERMS OF SERVICE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITE IN VIOLATION OF THESE TERMS OF SERVICE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITES OR $50.00 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL MEDIK8 AND/OR ANY OF ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS MEDIK8 AND ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. MEDIK8 MAKES NO REPRESENTATION THAT THE SITES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

Certain states or jurisdictions, such as the State of New Jersey, do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Medik8 and its Affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Medik8 arising out of or relating to your use, or anyone using your account’s use, of the Sites, your violation of these Terms of Service, or your violation, or anyone using your account’s violation, of any rights of another.

CALIFORNIA RESIDENTS: YOU EXPRESSLY WAIVE CA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

19. Waiver and Severability

No waiver by Medik8 of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Medik8 to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.

20. Assignment

These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Service without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

21. Admissibility

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.

22. Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for Promotions conflict with these Terms of Service, the Promotion rules will be applicable to Promotions.

23. Cancellation or Suspension of the Sites or Your Account

We may suspend, cancel, and/or edit your account details at any time at our sole discretion and without notice or explanation. You may cancel your account on our Sites by logging in and using the account details feature or by making your request in writing.

Medik8 may discontinue the Sites, including any feature or service offered through the Sites, at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Sites at any time for any reason, without notice. We may discontinue or restrict your use of the Sites at any time for any reason, without notice.

23. E - Gift Cards

We sell digital gift vouchers ("E-Gift Cards") subject to acceptance of these Terms of Service. E-Gift Cards are issued by Medik8 Inc. and we are the sole obligor to the E-Gift Card owner distributed at www.us.medik8.com. Our E-Gift Cards can only be used to purchase our products from www.us.medik8.com by residents of the United States of legal age to make a purchase.

Our E-Gift Cards cannot be:

i) returned or cancelled;

ii) used for payment outside of us.medik8.com;

iii) redeemed for cash or vouchers, except where required by law;

iv) topped up or resold;

v) transferred from one Medik8 account to another;

vi) purchased with coupons or promotional offers;

vii) used by any third party in connection any marketing, advertising, or other promotional activities; or

viii) used to buy other gift cards or similar stored value products.

E-Gift Card Delivery. Purchases of E-Gift Cards will be confirmed by email to the email address notified to us at the time of purchase once the transaction has been processed. The email will set out the value of the E-Gift Card, its expiry date and will contain a link to the unique code required to use the E-Gift Card at checkout in order to redeem the E-Gift Card. E-Gift Cards can be forwarded to the intended recipient by email but will be delivered to the email address as notified to us during the purchase process. You must alert the recipient of the E-Gift Card to these Terms of Service. Purchases made using the E-Gift Card will be subject to the Terms of Service current at the time the purchase is made.

E-Gift Card payment failure. If for any reason payment is not made by your bank or card company for the initial purchase of the E-Gift Card or there is any charge back requested by you the E-Gift Card and its value will be cancelled.

E-Gift Card Value. The value of any purchases made using the E-Gift Card will be deducted from the value on the E-Gift Card. Any remaining balance can be used for future purchases. You can check the balance on any E-Gift Card by using the link in the email which you receive to activate the E-Gift Card.

E-Gift Cards Expiry / Fees / Purchase Limits. Our E-Gift Cards do not expire and there are no fees for their use. If a purchase exceeds your balance, the remaining amount must be paid by a credit or debit card or other payment method accepted by us. The maximum value that can be associated with any one E-Gift Card is $2,000 and total purchases by any one individual may not exceed $10,000 per day.

Refunds. If any purchase made using an E-Gift Card is cancelled in accordance with any applicable refund policy and the total purchase price has been paid using an E-Gift Card, any refund will be applied to that E-Gift Card. Where that price has been paid using an E-Gift Card and a credit or debit card the refund will be applied to the E-Gift Card and the relevant payment card on a pro-rata basis to the amounts paid using those differing methods.

Lost or Stolen Gift Cards. E-Gift Cards have cash value and should be safeguarded accordingly. The recipient of an E-Gift Card is responsible for its safekeeping and proper use. We do not accept responsibility for any E-Gift Card which is undeliverable, sent to an incorrect email address or which is lost, stolen or deleted. Ownership and risk of loss of our E-Gift Cards passes to you as soon as we send it. It is your responsibility to provide a correct email address. If you suspect that someone has stolen your E-Gift Card, contact customer services immediately.

Privacy. When using an E-Gift Card to purchase any products certain personal information will need to be provided during the ordering process. Any personal data that is provided during the purchase process or in connection with the use of an E-Gift Card may be stored in our database. Please see our Privacy Policy which governs how we collect, store, use and process these various kinds of personal data.

Failed Delivery. From time to time E-Gift Cards can get caught up in spam filters and the recipient should make sure that they check these filters. We do not accept responsibility for any E-Gift Card that cannot be delivered to the email address which you supplied to us due to spam filters, firewalls or other security measures operating on the relevant computer systems or devices, the capacity of their mailbox or any other reason outside our control.

Limitation of Liability. MEDIK8 AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN E-GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH E-GIFT CARD. CERTAIN STATE LAWS SUCH AS NEW JERSEY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Violation of our Terms of Service. You agree to not use E-Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to Medik8, its affiliates including Medik8 Inc., or their customers. We reserve the right, without notice to you, to void E-Gift Cards (including a portion of your E-Gift Cards balance or particular E-Gift Cards purchase) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that an E-Gift Card is stolen, obtained by fraud, obtained used, or applied to a Medik8 account fraudulently, unlawfully, or otherwise in violation of these Terms of Service.

E-Gift Cards Contact Information. If you need assistance please contact us via the details set out below. Please have your order number and email address to hand.

25. Entire Agreement

These Terms of Service and the other agreements referred to herein constitute the sole and entire agreement between you and Medik8 with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

26. Cross border fees and delivery to our Canadian customers

To deliver your products our logistics providers calculate and we pay a logistics agent the cross border fees such as taxes, customs fees and your import duties that may be due on the products you order. This means that the logistics provider will declare your products and handle the export and import of your products into Canada and then deliver them to the delivery address provided all inclusive within the fee we charge you at checkout.

27. Contact Information

If you have any questions or comments about these Terms of Service, please feel free to contact us at:

Email: customercare (at) medik8.us

Address:
Medik8 Inc.

103 Foulk Road

Suite 202

Wilmington, DE

19803