Terms & Conditions

Effective Date: 30th January 2024

Welcome to Hairknowhow! Thank you for using our services. These terms and conditions (the “Terms”) set forth our mutual agreement as to your rights and responsibilities when you use the Hairknowhow websites, services, and mobile apps that link to these terms (the “Services"). By using any of the services you are agreeing to these terms. You are also agreeing to comply with our Hairknowhow Community Rules, which are incorporated herein by reference. Please read these documents carefully – they contain important information about your rights and your responsibilities when you use the services.

Your privacy is very important to us. Our Privacy Policy sets out important information on how we collect, process, use and share your data and is incorporated by reference herein. Please read the Privacy Policy carefully. In particular, you should be aware that we do not share your personal biological information (as defined in the Privacy Policy) with employers, insurance providers, or third-party marketers without your consent, and will not share your biological information with law enforcement unless compelled by valid legal process as described in our Privacy Policy.

Important Things for You to Understand When You Use Our Services

  • You always maintain ownership of your data, but we need the ability to use your data for the purposes set out in our Privacy Policy and these terms.

  • You may discover unanticipated facts about yourself when using our services that you may not have the ability to change.

  • As we are constantly striving to improve the services, we provide you, your data may be used to enhance our existing user experience or to develop new products and services. Unless expressly stated otherwise, each new feature that we add to the services will also be subject to these terms.

  • You may at any time request that we delete your data and account, as described in our  Privacy Policy.

Our services are diverse, so sometimes additional or separate terms may apply. Any additional terms will be specified with the relevant services, and those additional terms become a part of your agreement with us if you use those services. Separate terms may also apply to special offers or promotions, and if the rules of a promotion or special offer conflict with these terms, those special terms will prevail. We are constantly changing and improving our services, and thus we may add or remove functionality or features from the services. If you have any questions about these terms or our services, please contact us at: Info@Hairknowhow.com.

 

1. Eligibility to Use the Services

Users of the services may include unregistered guests, free registered guests and paid subscribers, (“Users”). You may need to create an account to use the services. To protect your Hairknowhow account, please keep your password confidential. You must provide accurate, complete and current registration information when you register. The services are intended for adults in the countries where they are being offered.

Hair Evaluation Services: You must be at least 18 years old to use our services. To protect your privacy when you share your hair sample with us, each adult who submits a sample for evaluation must create their own account and provide a unique email address. In addition, depending on the country where the customer providing the sample is located, the customer may also be required to explicitly consent to the processing of sensitive personal information. A parent or legal guardian may activate a hair evaluation, provide us personal information, and send us the hair sample of a minor child for processing using an account for that child that is directly managed by the parent or legal guardian. By activating a hair evaluation test for, or submitting any personal information about, a minor you represent that you are the minor's parent or legal guardian. You also agree that you have discussed the hair evaluation with the minor and the minor has agreed to the collection and processing of their hair.  We must receive your hair sample within 6months of you signing up for an evaluation on our website.  We feel this is gives you plenty of time for you to both collect your hair sample and sent it to us.  This may be extended, please contact Info@Hairknowhow.com.

Other Services: While our services are intended for adults, if you are between the ages of 13 and 18, you may use the other services with your parent's or guardian's permission. Children under the age of 13 are not permitted to use any services. We do not knowingly seek or collect any personal information directly from children under the age of 13. If Hairknowhow becomes aware that we have unknowingly collected any personal data directly from a child under the age of 13, we will take commercially reasonable efforts to delete such data from our system.

2. Your Use of the Services

Requirements for using the services: In exchange for your access to the services, including the hair evaluation services described below, you agree:

  1. To comply with Hairknowhow Community Rules.

  2. To comply with all applicable laws.

  3. Not to resell the services or to resell, reproduce, or publish any content or information found on the services, except as explicitly described in these terms, unless you are a professional hair clinic or independent trichologist who agreed to the terms and conditions set out herein or has entered into a separate agreement with Hairknowhow for the purpose of reselling the services.

  4. Not to circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the services or the content therein, including with bots, crawlers, spiders, data miners, scraping, or other automatic access tools.

  5. You are responsible for all usage and activity on the services made via your account, and if you are a professional hair clinic or independent trichologist reselling the services, you are responsible for ensuring compliance with these terms by your clients.

  6. You will contact us at Info@Hairknowhow.com if you suspect your account has been breached or used without your authorisation.

3. Additional Terms Applicable to Your Use of Hair Evaluation Services

As used in these terms, the "Hair Evaluation" refers to our processing and handling of hair samples, testing of hair samples, and our web or mobile app-based email tools that provide results and associated services. This gives you the ability to learn about some of your current-general hair attributes but also its condition and health. This may help you explore your hair and what effects different consumer products or changes in your grooming routine may have on it. This information may also help identify any hair disorders present and may be useful in helping you achieve measurable or visually healthy hair.

The purpose of the hair evaluation is to provide general hair and hair health results and related reports for your informational, recreational, educational, and personal use or for the use of your clients if you are a professional hair clinic or independent trichologist reselling the services. If your clients have received a hair transplant or hair extensions, the Hairknowhow evaluation may provide unexpected results because their hair may contain both their own fibres as well as fibres from their donors' hair. The combination of their hair with that of a donor can result in inaccurate test results or a test that provides results based on the donor's hair. Therefore, you should advise your clients who have received a hair transplant or hair extensions about this possibility.

Requirements for using the hair evaluation services: By using the Hairknowhow evaluation services, you also agree to:

  1. If you are a professional hair clinic or independent trichologist reselling our services, you may resell the services to your clients in accordance with these terms and conditions with Hairknowhow.

  2. Any hair sample provided is either your own or the hair of a person for whom you are a parent or legal guardian, or the hair of a client if you are a professional hair clinic or independent trichologist reselling the services.

  3. You will not send us a hair sample if you have reason to believe it or if the person it belongs to has an active infectious disease.

  4. If you are outside the United Kingdom, you will not send us a sample if sending it would violate any export ban or other restriction in the country in which you reside or from which you are sending the sample.

  5. By providing a hair sample or additional user information to us, you acquire no rights in any research or commercial products developed by us or our collaborators, and you or your clients will receive no compensation related to any such research or product development. However, if you are a professional hair clinic or independent trichologist reselling our services, you may be eligible for compensation as agreed upon in a separate agreement with Hairknowhow.

  6. If you are a professional hair clinic or independent trichologist reselling our services, you may use the information obtained from the hair services, including any downloaded raw hair data, in combination with your own database or for any relevant professional purposes related to the services you offer. However, you agree not to use the information for any discriminatory purpose or illegal activity.

  7. We may perform hair evaluation tests in the United Kingdom (or in other countries) using test methods available now or developed in the future.

  8. If you are a professional hair clinic or independent trichologist reselling our services, you are authorised to disclose the results of the tests performed to your clients.

  9. We will store your hair evaluation results in accordance with these terms and the Privacy Policy.

  10. If you are a professional hair clinic or independent trichologist reselling our services, you may store the hair samples provided by your clients for a reasonable period as required by your own professional practices and in compliance with applicable laws and regulations.

  11. We will use personal information as described in these terms and the Privacy Policy.

4. Resale of Services to Professional Hair Clinics and Independent Trichologists

For professional hair clinics or independent trichologists reselling our services, you may resell our services to your clients in accordance with these terms and conditions.

When we send you or your clients a copy of the Hairknowhow hair report, either physically or electronically, you are responsible for storing, securing, and protecting that data. While we protect personal information in our web and data systems, once you possess that data, that copy will not be protected by our security measures. The hair evaluation data is for personal or professional use only and should not be used for medical, diagnostic, or paternity testing purposes unless specifically authorized and conducted by a qualified medical professional.

5. Hair Clinic and Trichologist Obligations

If you are a professional hair clinic or independent trichologist interested in reselling HairKnowHow services, you agree to the following additional obligations:

  1. Prior to sending any hair samples or personal data to HairKnowHow, you must obtain written permission from the individuals to whom the hair samples and personal data belong.

  2. The written permission should clearly state that the individuals consent to the collection, processing, and analysis of their hair samples and personal data by HairKnowHow for the purposes of providing the hair evaluation services.

  3. You are responsible for retaining copies of the written permissions obtained for your records and providing them to HairKnowHow upon request.

  4. You must ensure that the collection, storage, and transfer of hair samples and personal data comply with all applicable data protection laws and regulations.

  5. You will indemnify and hold HairKnowHow harmless against any claims, losses, or damages arising from your failure to obtain proper written permission or comply with data protection laws and regulations.

6. Renewals and Cancellations for Hairknowhow Services

Your subscription(s) to the services and your purchase and use of the hair evaluation service are subject to the Renewal and Cancellation Terms, which are incorporated herein.

7. Content Used in the Services

Hairknowhow content: The services contain photos, videos, documents, records, indexes of content, and other content that are owned by or are licensed to Hairknowhow. We refer to this content as “Hairknowhow Content.” Except for WebSearch records, which are governed by the third parties that host the records, all Hairknowhow content is owned by or licensed to us and may be used only in accordance with these terms. You may use Hairknowhow content only as necessary for your personal use of the services.

With respect to Hairknowhow content, you agree:

  • To keep all copyright and other proprietary notices on any Hairknowhow content you download or print; and

  • Not to distribute, republish, or sell portions of any Hairknowhow content.

Public Domain Content: Some Hairknowhow content may be in the public domain, and yet also subject to restrictions on reuse. We refer to Hairknowhow content in the public domain as “Public Domain Content.” You are free to use a small portion of individual photos and documents that are public domain content, but you must obtain our written permission to use more than a small portion of these collections. If you have any questions about your use of public domain content, please contact us at Info@Hairknowhow.com.

Personal Information and User Provided Content: When you use the services, you provide us with different types of information. For an explanation of personal information and a description of the types of personal information you may provide to us, see our Privacy Policy. You may ask us to delete your personal information as explained in our Privacy Policy. In addition, you may provide us with information that is not considered personal information, such as a story about your hair routine. In these terms, we refer to this type of information as “User Provided Content.”

With respect to User Provided Content, you agree that:

  • You are solely responsible for your user provided content.

  • You represent and warrant that you have all the necessary rights to upload or post your user provided content and that your user provided content complies with the Hairknowhow Community Rules.

  • You will provide Hairknowhow, upon our request, with any documentation necessary to evidence your compliance with these terms; and

  • Any user provided content that you have made public or shared (e.g. by including such user provided content, as part of your public profile in one of the services or in a public posting on one of our services) may be used by other users as part of, or in conjunction with, the services. We will not be required to remove any information or user provided content that you have made public or has otherwise been shared.

Hairknowhow has no responsibility or liability related to user provided content. While we do not routinely monitor user provided content that is uploaded or posted to the services, we do reserve the right to do so and to use automated tools that monitor user provided content for violations of these terms, including, Hairknowhow Community Rules. We reserve the right, but do not have the obligation, to remove or disable access to any user provided content that we believe violates these terms, including the Hairknowhow Community Rules.

If you have concerns that user provided content posted by other users may infringe your rights, contain illegal material, or violate these terms please contact us via Info@Hairknowhow.com. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, please refer to Hairknowhow’s Copyright Policy.

Additional User Information. You may voluntarily choose to provide additional information about yourself or your family to Hairknowhow in response to our email surveys, or through the services (“Additional User Information”). Additional user information does not include account, profile, payment, or usage details necessary to provide the services, or any user provided content. You may have the option to share your additional user information with other users. Any sharing of additional user information with third parties is governed by our Privacy Policy.

Ownership of Personal Information, Additional User Information and User Provided Content: You own your personal information, additional user information, and user provided content, but we need certain rights from you to use that information and content. By using the services, you grant us the right to collect, host, transfer, process, analyse, communicate and store your personal information (including your hair evaluation information) and additional user information in order to (a) provide the services to you and other users, (b) for the purposes described in these terms and our Privacy Policy, (c) to help our users discover what may work for them, and (d) for any other purpose to which you expressly agree, such as sharing with others. Also, by submitting user provided content through any of the services, you grant Hairknowhow a sublicensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such user provided content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for Hairknowhow to copy, display, and index your user provided content. Hairknowhow will own the indexes it creates. We will also have the right to continue to use your user provided content, even if you stop using the services, but only as necessary for us to provide and improve the services or for use in research.

Copyright and Trademark Notice: Each of the services is protected by copyright as a collective work or compilation, pursuant to E.U, and U.K. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the services are owned by or licensed to us. We and our licensors retain title, ownership and all other rights and interests in and to all Hairknowhow content in the services.

8. Termination or Suspension of Your Account

We may limit, terminate, or suspend your access to the services without a refund if you breach or act inconsistently with the letter or spirit of these terms or, the  Hairknowhow Community Rules. In such a case, you will not be entitled to a refund of subscription or service fees.

9. Modifications to these Terms

We have the right to modify these terms or any additional terms that apply to a service at any time, including to reflect changes to the law or changes to our services. We will notify you of any material changes by posting information through the services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the services or changes made for legal reasons will be effective immediately. Except as explicitly provided herein, your continued use of the services after a change to the terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the services and, if applicable, cancel your subscription as described Hairknowhow Renewal and Cancellation Terms.

10. Warranty

While we hope you enjoy using our services, there are things we don't promise about our services.

Except as expressly set out in these terms, we provide the services and the Hairknowhow content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the Hairknowhow content, (b) about the specific functionality of the services, (c) about the quality, accuracy, reliability, or availability of the Hairknowhow content or services, or (d) that the Hairknowhow content or services will be free from viruses or other harmful components.

11. Limit of Liability

We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the services or with any statement in these terms, your sole remedy is to stop using the services and, if you are using any of our subscription services, cancel your subscription as described in the Renewal and Cancellation Terms. Our total liability in any matter related to the services or these terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.

12. Your Indemnity

You agree that you will indemnify and hold Hairknowhow, our employees, and our agents harmless from any claims, damages, or other expenses (including attorney's fees) that result from your use of the services and (a) your violation of these terms or other documents incorporated herein by reference; (b) your violation of another person's rights; or (c) any claim related to your user provided content, including a claim that your user provided content caused damage to another person. This indemnification obligation will continue after you stop using the services. In addition, you release Hairknowhow from all claims, demands, actions, or suits in connection with your user provided content, including any liability related to our use or non-use of your user provided content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

13. Services Offered by Other Companies

We may offer you the opportunity to purchase services from companies other than Hairknowhow. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. We have no responsibility related to any such third-party services.

14. Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We work hard to keep our customers satisfied. If a dispute arises between you and Hairknowhow, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the services, you agree to first try to resolve the dispute informally by contacting us at Info@Hairknowhow.com.

For Customers Outside the U.S.:

You agree that the United Kingdom will have exclusive jurisdiction over all disputes (contractual or non-contractual) related to this Agreement. If you are a European Union consumer you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. Nothing contained in this clause shall limit Hairknowhow’s rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

Additional Dispute Information for EU Members: Information pursuant to Regulation 524/2013: The European Commission provides a platform for Online Dispute Resolution (ODR), here.

For U.S. Customers:

You and Hairknowhow agree that these terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

If any dispute between us is not resolved within 30 days after contacting us, then you and Hairknowhow agree that we will resolve it through final and binding arbitration, with the following three exceptions:

  1. You may assert your dispute, if it qualifies, in small claims court.

  2. Both you and Hairknowhow may bring a suit in court in the state of Utah only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.

  3. If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

If you have a subscription and you terminate for our breach after providing us with a 30-day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.

No Class Actions: You and Hairknowhow each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Changes to this Section: Hairknowhow will provide thirty (30) days' notice of any changes affecting the substance of this section by posting notice of modifications to the terms on the services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the services or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to this Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the services.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the services.

15. Miscellaneous

Entire Agreement: These terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and Hairknowhow regarding your use of the services and supersede any prior agreements we may have relating to the services.

Notification of Changes to the Services: Hairknowhow may contact you within the services, via email or physical mail to inform you of changes to the services or these terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.

Feedback: If you submit feedback or suggestions about Hairknowhow or our services, we may use your feedback or suggestions for any purpose without any obligation to you.

Assignment: We reserve the right to assign or transfer our rights and obligations under this agreement. These terms are personal to you and, as a result, you may not, without the written consent of Hairknowhow, assign or transfer any of your rights and obligations under this agreement. There shall be no third-party beneficiaries to this agreement.

If Hairknowhow is Acquired: If Hairknowhow or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Hairknowhow has the right to share your personal information, user provided content and additional user information with that entity. These terms will continue to apply to the services until you receive notification of changes to the terms or services.

Severability: Except as explicitly provided herein, the unenforceability of any section or clause in these terms will not affect the enforceability of the remaining terms. We may replace any unenforceable section or clause with a similar one that is enforceable.

No Waiver: Our failure to enforce any provision of these terms is not a waiver of our rights under that provision.

End of document.